Sanchez v. Dubuc

110 So. 3d 1140, 12 La.App. 5 Cir. 526, 2013 WL 646419, 2013 La. App. LEXIS 274
CourtLouisiana Court of Appeal
DecidedFebruary 21, 2013
DocketNo. 12-CA-526
StatusPublished
Cited by10 cases

This text of 110 So. 3d 1140 (Sanchez v. Dubuc) 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
Sanchez v. Dubuc, 110 So. 3d 1140, 12 La.App. 5 Cir. 526, 2013 WL 646419, 2013 La. App. LEXIS 274 (La. Ct. App. 2013).

Opinion

ROBERT M. MURPHY, Judge.

|2In this action for damages arising out of a motor vehicle accident, the defendants, Steve Dubuc and Allstate Insurance Company, appeal a judgment rendered in favor of plaintiff Page Sanchez awarding him damages for his injuries. For the reasons that follow, we affirm the judgment of the trial court.

FACTS AND PROCEDURAL HISTORY

On December 14, 2009, plaintiff-appellee Page Sanchez was operating his vehicle in traffic in Kenner, Louisiana. While stopped at a traffic light, Mr. Sanchez was [1142]*1142rear-ended by defendant-appellant Steve Dubuc, after Mr. Dubuc’s foot slipped off his brake pedal as he was approaching the traffic light immediately behind Mr. Sanchez. At the time of the accident, Mr. Dubuc was insured through defendant-appellant Allstate Insurance Company (“Allstate”).

Thereafter, Mr. Sanchez commenced this action on December 13, 2010 to recover damages for injuries he sustained as a result of the accident and named as ^defendants Mr. Dubuc, Allstate and State Farm Insurance Company, Mr. Sanchez’s uninsured/underinsured motorist insurance carrier.1 Prior to trial, defendants stipulated that Mr. Dubuc was at fault in causing the accident and that Allstate had in full force and effect a policy of automobile liability insurance, which provided Mr. Du-buc with coverage for the accident forming the basis of the suit. The parties also stipulated that the amount in controversy did not exceed the jurisdictional amount of $50,000 required for a trial by jury, exclusive of interest and costs. Therefore, the only contested issues at trial were causation and damages. Specifically, Mr. Sanchez contended that he suffered from a ruptured disc in his lower back, while defendants contended that Mr. Sanchez sustained only a lower back injury with treatment lasting four and one-half months. As a result, defendants suggested that an award of damages in the range of $15,000 to $25,000 would be appropriate for such an injury.

The case proceeded to trial on March 13, 2012. Mr. Sanchez called two witnesses to testify at trial: (1) Scott Hopkins, Mr. Sanchez’s supervisor; and (2) Mr. Sanchez. Mr. Sanchez also introduced several exhibits into evidence, including the deposition transcript of his treating physician Dr. Surendra Purohit, all of which were stipulated to and admitted without objection by defendants. In conjunction with the admission of Dr. Purohit’s deposition transcript into evidence, defendants also stipulated to Dr. Purohit’s expertise in the field of general medicine and general surgery. Defendants did not call any witnesses or offer any exhibits into evidence at trial.

Following a bench trial, the judge returned a verdict in favor of Mr. Sanchez, awarding him damages in the amount of $50,000, including $47,462 in general damages, $1,698 for medical expenses, and $840 for lost wages. The court also l4awarded Mr. Sanchez $2,497.60 in judicial interest and $2,218.25 for court costs and expenses. In its oral reasons for judgment, the court stated, “[based upon the testimony of the witnesses and all the exhibits introduced — and I put a lot of emphasis on the Doctor’s testimony, the doctor was quite clear — I find for the Plaintiff.” Specifically, the court concluded that based upon the stipulated testimony of Dr. Purohit, the doctor substantiated a ruptured disc. Defendants now appeal this decision.

On appeal, defendants raise four assignments of error for our review: (1) the trial court abused its discretion when it misinterpreted the medical opinion of Dr. Puro-hit as substantiating a ruptured disc; (2) the trial court abused its discretion when it found that Mr. Sanchez sustained a ruptured disc in the accident based upon the expertise of a “vascular and general surgeon” without the aid corroborative diagnostic testing; (3) the trial court abused its discretion when it failed to determine that Mr. Sanchez failed to mitigate his dam[1143]*1143ages; and (4) the trial court abused its discretion when it awarded an excessive amount for general damages beyond those actually proven at trial.

Mr. Sanchez opposes defendants’ appeal and requests that this Court award sanctions against defendants under La. C.C.P. art. 2164 for filing a frivolous appeal.

LAW AND DISCUSSION

Assignments of Error Nos. One and Two

Because assignments of error numbers one and two both attack the trial court’s evaluation of Mr. Sanchez’s expert’s testimony, we will address them together. According to the record, Mr. Sanchez sought medical care for his injuries sustained in the accident at issue from several physicians. On December 15, 2009, the day after the accident, Mr. Sanchez reported to the emergency room [.¡at Lallie Kemp Hospital with complaints of back pain and numbness in his right leg. The attending physician, Dr. George DesOrmeaux, diagnosed Mr. Sanchez with lumbar nerve root compression. Dr. DesOrmeaux instructed Mr. Sanchez to stay in bed for three days and to follow up with his primary care physician if the symptoms persisted. He also wrote Mr. Sanchez prescriptions to heal lumbar muscle spasms.

On December 29, 2009, Mr. Sanchez reported to Pelican State Outpatient Center with complaints of pain on both sides of his lower back that worsened throughout the day. The treating physician, Dr. John Steen, ordered x-rays of Mr. Sanchez’s lower back and conducted a physical examination. After diagnosing Mr. Sanchez with back pain, Dr. Steen administered a DepoMedrol injection to alleviate Mr. Sanchez’s pain and advised Mr. Sanchez to follow-up with his primary care physician in one week.

On January 4, 2010, Mr. Sanchez reported to Dr. Purohit with complaints of lower back pain and pain radiating down his right leg. Medical records from this visit show that Mr. Sanchez informed Dr. Puro-hit that he was involved in the a rear-end collision on December 14, 2009 and had treated with Drs. DesOrmeaux and Steen prior to seeing Dr. Purohit. Dr. Purohit diagnosed Mr. Sanchez with acute back syndrome with severe muscle spasms. He wrote Mr. Sanchez several prescriptions for pain medication and instructed him to return for a follow-up appointment in one month.

Mr. Sanchez returned to Dr. Purohit for three additional appointments occurring on January 25, 2010, February 25, 2010, and April 26, 2010. On all three appointments, Dr. Purohit consistently diagnosed Mr. Sanchez with acute back syndrome with muscle spasms. During the April 26, 2010 appointment, Dr. Purohit advised Mr. Sanchez to return for a follow-up appointment in one month. | ^However, Mr. Sanchez did not seek any further medical care after April 26, 2010. At trial, Mr. Sanchez testified that he did not continue his medical treatment because he ran out of vacation time at his place of employment. Rather, he explained that he “just learned to deal with the pain.” When asked why he did not submit to an MRI during his treatment, Mr. Sanchez also attributed this to his inability to take off any more days of work.

During Dr. Purohit’s deposition, defense counsel questioned him about the certainty of his medical findings in light of the fact he did not conduct an MRI of Mr. Sanchez’s back following the accident at issue. In response, Dr. Purohit testified as follows:

DR. PUROHIT:
So my feeling is that clinically I am certain that he did have a tear in the disc and that was pressing on the nerve. But depending on if the MRI was done, then I could have said how big the disc

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Cite This Page — Counsel Stack

Bluebook (online)
110 So. 3d 1140, 12 La.App. 5 Cir. 526, 2013 WL 646419, 2013 La. App. LEXIS 274, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sanchez-v-dubuc-lactapp-2013.