Sanders v. State Farm Mut. Auto. Ins. Co.

516 So. 2d 1162, 1987 La. App. LEXIS 10818, 1987 WL 2059
CourtLouisiana Court of Appeal
DecidedDecember 2, 1987
Docket19041-CA
StatusPublished
Cited by11 cases

This text of 516 So. 2d 1162 (Sanders v. State Farm Mut. Auto. Ins. Co.) 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
Sanders v. State Farm Mut. Auto. Ins. Co., 516 So. 2d 1162, 1987 La. App. LEXIS 10818, 1987 WL 2059 (La. Ct. App. 1987).

Opinion

516 So.2d 1162 (1987)

Nellie SANDERS, Plaintiff-Appellant,
v.
STATE FARM MUTUAL AUTOMOBILE INSURANCE CO., et al., Defendants-Appellees.

No. 19041-CA.

Court of Appeal of Louisiana, Second Circuit.

December 2, 1987.

*1163 William Henry Sanders, Jena, for plaintiff-appellant.

Bodenheimer, Jones, Klotz & Simmons by: G.M. Bodenheimer, Jr., Nelson & Achee Ltd., by: Roland J. Achee and James S. Denhollem, Shreveport, for defendants-appellees.

Before HALL, C.J., and JASPER E. JONES, FRED W. JONES, Jr., SEXTON and LINDSAY, JJ.

HALL, Chief Judge.

This is a personal injury action arising from an automobile accident. The plaintiff is Nellie Sanders. The defendants are Thomas B. Newman, his employer Reliance Electric Company, Northwestern National Insurance Company, National Car Rental, Acadian Car Rental and Guarantee Insurance Company.

Negligence on the part of Newman was stipulated and after a trial on the issue of damages, the district court awarded the plaintiff $55,000.00 in general damages, $5,000.00 for disfigurement and $11,592.30 in medical expenses. It denied plaintiff's claims for future medical expenses, past wage loss for the 1985-86 school year, future wage loss, loss of profession, loss of accumulated sick leave and loss of sabbatical leave. Judgment was rendered against Newman, Reliance and Guarantee Insurance Company for a total amount of $71,592.30. Plaintiff appealed seeking to increase the award. We amend to increase the award, and as amended, affirm.[1]

The Facts

The accident occurred on March 22, 1982. Mrs. Sanders and her husband were traveling south on Highway 1 from Shreveport to their home in Alexandria. They were driving two separate automobiles with Mr. Sanders in the lead. Mr. Newman was traveling north on Highway 1 when the car he was driving crossed over the center line, forcing Mr. Sanders' automobile off the road and then colliding head on with the automobile driven by Mrs. Sanders. Mrs. Sanders was traveling at 50-55 m.p.h. when the collision occurred. Mr. Sanders saw the collision in his rear view mirror. He testified that after the cars collided, they began traveling backwards from the point of impact.

*1164 Mrs. Sanders was disoriented by the accident. Her lip and mouth were lacerated, her partial denture was broken and her nose was bleeding. Additionally, she received bruises on her face, legs, wrist and chest. She was taken to a hospital for emergency treatment. Mrs. Sanders testified that her main concern at this time was her facial injuries. X-rays of the skull, nasal bones and chest were negative. Her lip was stitched, she was given pain medication and released.

Mrs. Sanders stayed in bed at home for several days after the accident and did not return to her job as an elementary school teacher that semester.

One week after the accident Mrs. Sanders went to see Dr. Palmer J. Texada, an Alexandria general surgeon. He removed the stitches in her lip and noted that she had contusions of the chest and abdomen. Mrs. Sanders also complained of some pain at the base of the skull. Dr. Texada examined her neck, noting that her range of motion was good and that she only had slight tenderness. He had no notations regarding complaints of low back pain and did not prescribe any pain medication. Dr. Texada did not take X-rays of plaintiff's neck or back and testified that her condition did not warrant referral to an orthopedic surgeon. Mrs. Sanders saw Dr. Texada two more times, once in April and once in May, 1982, for treatment of her lip and mouth injuries. He testified that he did not feel that Mrs. Sanders had any residual disability and that she did not need hospitalization, physical therapy, traction or a cervical collar.

Nine days after the accident Mrs. Sanders had her first visit with Dr. John J. McCutchen, a Houston neurologist. His initial diagnosis was that Mrs. Sanders had sustained a concussion and a mechanical spine injury involving the neck and low back regions. He also noted muscle spasms in the neck and lower back and a diminution of the ankle reflexes. X-rays of the lumbosacral spine revealed narrowing of the L-5/S-1 disc space and an EMG test showed abnormalities in the low back region at L-4/5 and L-5/S-1. Cervical spine X-rays were normal. He prescribed a cervical collar and pain medication. On Dr. McCutchen's recommendation, Mrs. Sanders began physical therapy at the Rapides General Hospital in Alexandria. Mrs. Sanders next saw Dr. McCutchen in May, 1982. He noted that while her pain was somewhat less she was still experiencing pain in her neck and lower back from time to time.

In May, 1982 an EMG test done in Houston indicated possible C6-C7 nerve root irritation. In July, 1982, Dr. McCutchen noted that certain reflexes in Mrs. Sanders' arms were absent and that she still had spasm in the neck and low back muscles. This was again noted at Mrs. Sanders' last visit to Dr. McCutchen on October 4, 1982. He also found tenderness with fluid in the right knee joint. She continued to complain of neck and low back pain. X-rays showed some narrowing of the L-5/S-1 disc space and to a lesser extent, at L-4/5 in the neck region. Muscle spasm was noted in the neck and low back.

Mrs. Sanders did not see Dr. McCutchen after October, 1983. He gave a deposition in May 1983, and died sometime thereafter. In his deposition, Dr. McCutchen stated his belief that the automobile accident caused Mrs. Sanders' medical problems. He further opined that she would need continued medical supervision and, if her problems continued, surgery.

Mrs. Sanders resumed her teaching position in the fall of 1982 and only missed two and one-half days for personal illness during the 1982/1983 school year.

In June 1983 at the request of the defendants, Mrs. Sanders was examined by Dr. Warren D. Long, Jr., a Shreveport neurosurgeon. He found no evidence of any cervical or lumbar disc disease or nerve root irritation and diagnosed her as having a mild ligamentous problem of a chronic nature in her neck and to a lesser extent in the lumbar area. He did not anticipate that she would need surgery and saw no need for any further tests.

In October 1983, Mrs. Sanders consulted Dr. Bruce Craig primarily for weight loss purposes. Additionally, he gave her a shot *1165 of cortisone in her left shoulder at that time.

During the 1983/1984 school year Mrs. Sanders only missed five days for personal illness. In 1984, Mrs. Sanders did not see any physicians regarding the injuries she sustained in the automobile accident. Mrs. Sanders was granted a sabbatical leave for the 1984/1985 school year to pursue her master's degree.

In May 1985, Mrs. Sanders was seen by Dr. R.C. Llewellyn, a New Orleans neurosurgeon. His initial diagnosis was a muscle ligament sprain in the neck and low back; however, he was concerned that there might be associated disc problems. She complained of neck pain radiating into both shoulders and arms, numbness in the fingers and low back pain radiating into both legs. Dr. Llewellyn's exam revealed muscle spasm in the low back and restriction of neck and waist bending movements.

In June 1985, a CAT scan ordered by Dr. Llewellyn revealed no abnormalities of the cervical or lumbar spine. An EMG test was abnormal in the neck area but normal in the lumbar area.

Mrs. Sanders resumed her teaching position in the fall of 1985. On September 18th of that year she was standing on a chair at school when it broke. She fell to the floor, sustaining bruises to her buttocks, right leg and right arm.

From September 29 until October 2, 1985, Mrs.

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Bluebook (online)
516 So. 2d 1162, 1987 La. App. LEXIS 10818, 1987 WL 2059, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sanders-v-state-farm-mut-auto-ins-co-lactapp-1987.