Sadhwani v. James

930 So. 2d 37, 2005 WL 3701496
CourtLouisiana Court of Appeal
DecidedDecember 7, 2005
Docket2005-CA-0601
StatusPublished
Cited by1 cases

This text of 930 So. 2d 37 (Sadhwani v. James) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sadhwani v. James, 930 So. 2d 37, 2005 WL 3701496 (La. Ct. App. 2005).

Opinion

930 So.2d 37 (2005)

Murlidhar G. SADHWANI
v.
Darlene E. JAMES and Allstate Insurance Company.

No. 2005-CA-0601.

Court of Appeal of Louisiana, Fourth Circuit.

December 7, 2005.
Rehearing Denied January 3, 2006.

Michael J. Begoun, Wolfe, Begoun & Pick, L.L.C., New Orleans, LA, for Plaintiff/Appellee, Murlidhar G. Sadhwani.

Lucia G. Hawks, Law Offices of Harold G. Toscano, New Orleans, LA, for Defendant/Appellant, Allstate Insurance Company.

(Court composed of Judge TERRI F. LOVE, Judge MAX N. TOBIAS, JR., Judge LEON A. CANNIZZARO, JR.).

LEON A. CANNIZZARO, JR., Judge.

The trial court rendered a judgment in favor of the plaintiff, Murlidhar G. Sadhwani, and against Allstate Insurance Company in connection with a traffic accident involving Mr. Sadhwani and Allstate's insured. Allstate is appealing the judgment.

FACTS AND PROCEDURAL HISTORY

Mr. Sadhwani was driving down Canal Street in New Orleans when he stopped in a school zone to allow students to cross the *38 street. A car driven by Nicole Johnson and owned by Darlene James hit Mr. Sadhwani's stationary vehicle from the rear when he stopped his car. Mr. Sadhwani testified at the trial that he was a diabetic and that he was very shaky after the accident. Although his car could still be driven after the accident, Mr. Sadhwani called his daughter to drive him home from the scene of the accident, because he was not feeling well. He testified that his right knee was "hurting really bad that day." He also said that his left shoulder was injured in the accident.

Mr. Sadhwani further testified regarding the medical treatment that he received for the injuries that he suffered in the accident. He said that he was treated by Dr. Chakku P. Devidoss about a week or ten days after the accident. Mr. Sadhwani stated that he told Dr. Devidoss that he "had an accident" and that his right knee was "hurting me very bad." Mr. Sadhwani also said that he told Dr. Devidoss that he could only walk "once in a while." According to Mr. Sadhwani, Dr. Devidoss said that he would give him some medicine and if the medicine did not work, then he would refer Mr. Sadhwani to a specialist. The only treatment that Mr. Sadhwani received in connection with the injuries from the traffic accident was "pain medicine."

Mr. Sadhwani testified that his knee pain never improved. In fact, he testified that it was "getting worse and worse." Eventually, Dr. Devidoss referred Mr. Sadhwani to Dr. Mark Juneau, Jr., an orthopedic surgeon, for further treatment of his knee problem. Mr. Sadhwani testified that Dr. Juneau ordered an MRI[1] and that based on the MRI results, Dr. Juneau told him that he needed arthroscopic knee surgery[2] Dr. Juneau could not perform the surgery, however, until Mr. Sadhwani's diabetes was under control, which it was not when the surgery was recommended.

Mr. Sadhwani further testified that he was involved in a second automobile accident approximately eighteen months after the accident that is the subject of the instant suit. He stated that he was involved in a one-car accident, "because my knee was not working." He hit a railing in a parking lot at a Holiday Inn motel, and his car sustained extensive damage.

Finally, Mr. Sadhwani testified that Dr. Devidoss was a very attentive physician and that he took notes on the medical complaints that Mr. Sadhwani related to him. Mr. Sadhwani stated, "He write down everything what I said to him."

Mr. Sadhwani was the only witness who testified at the trial, but the depositions of Dr. Juneau and of Dr. Devidoss were introduced into evidence. Dr. Devidoss' deposition reflected that he was unaware that Mr. Sadhwani had been involved in the accident that is the subject of this lawsuit even though he had treated Mr. Sadhwani for a number of medical problems on a regular basis before and after the accident occurred. Dr. Juneau's deposition reflected that Mr. Sadhwani had first seen Dr. Juneau approximately ten days after the second accident. At that visit Mr. Sadhwani told Dr. Juneau about the second automobile accident, but he did not mention the first accident.

Prior to the trial, Allstate stipulated that Ms. James, the owner of the car involved in the accident that is the subject of this case, was insured under an Allstate policy *39 providing coverage in the amount of $10,000.00. It was also stipulated that the policy provided coverage to Nicole Johnson, the person who was driving the car with the owner's permission when the accident occurred. Mr. Sadhwani stipulated that his damages did not exceed the $10,000.00 policy limit. Finally, both parties stipulated the following: (1) that the depositions of Dr. Devidoss and of Dr. Juneau would have been the testimony of the doctors had they been called to testify; (2) that the medical records submitted by the doctors in connection with their depositions were authentic; and (3) that the bills for medical services submitted by the doctors were authentic.

The trial court judge originally rendered judgment in favor of Mr. Sadhwani in the amount of $12,000.00. Because Mr. Sadhwani had stipulated that his damages did not exceed $10,000.00, Allstate moved to have the judgment amended. Pursuant to Allstate's motion, the trial court judge amended the judgment to reduce the damage award to $10,000.00. Allstate is now appealing.

DISCUSSION

Allstate has raised two assignments of error on appeal. First, Allstate claims that Mr. Sadhwani failed to carry his burden of proving that his injuries were related to the accident in which his car was hit by the car driven by Ms. Johnson. Second, Allstate contends that the trial court judge erred in awarding damages to Mr. Sadhwani, because the medical evidence failed to attribute Mr. Sadhwani's injuries to that accident.

ASSIGNMENT OF ERROR NO. 1: The judge erred in awarding damages to the plaintiff where the plaintiff failed to carry his burden of proving that the injury complained of was related to the subject accident where there was no supporting medical testimony to prove a causal connection between the injury and the subject accident.

Burden of Proof

In Maranto v. Goodyear Tire & Rubber Co., 94-2603 (La.2/20/95), 650 So.2d 757, 759, the Louisiana Supreme Court set forth the burden of proof that must be met by a plaintiff in a personal injury case. The Supreme Court stated:

In a personal injury suit, plaintiff bears the burden of proving a causal relationship between the injury sustained and the accident which caused the injury. Plaintiff must prove causation by a preponderance of the evidence. The test for determining the causal relationship between the accident and subsequent injury is whether the plaintiff proved through medical testimony that it is more probable than not that the subsequent injuries were caused by the accident.

Id. (citations omitted).

To meet his burden of proof Mr. Sadhwani was required to prove by a preponderance of the evidence that the accident involving the car driven by Ms. Johnson caused the injuries to his right leg and left shoulder. He was required to prove this through medical testimony.

Mr. Sadhwani's Testimony

Mr. Sadhwani testified that when the car driven by Ms. Johnson hit his car, his right knee and his left shoulder were injured. He also stated that prior to the accident, he had never had any problems with his knee and shoulder. He further testified that he saw Dr. Devidoss for treatment of the injuries caused by the accident involving Ms. Johnson "about a week or ten days" after the accident. Mr.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Herrera v. Johnson
976 So. 2d 231 (Louisiana Court of Appeal, 2008)

Cite This Page — Counsel Stack

Bluebook (online)
930 So. 2d 37, 2005 WL 3701496, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sadhwani-v-james-lactapp-2005.