Selvage v. Robert Levis Chevrolet, Inc.

719 So. 2d 1088, 98 La.App. 5 Cir. 197, 1998 La. App. LEXIS 2648, 1998 WL 637207
CourtLouisiana Court of Appeal
DecidedSeptember 16, 1998
DocketNo. 98-CA-197
StatusPublished
Cited by3 cases

This text of 719 So. 2d 1088 (Selvage v. Robert Levis Chevrolet, Inc.) 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
Selvage v. Robert Levis Chevrolet, Inc., 719 So. 2d 1088, 98 La.App. 5 Cir. 197, 1998 La. App. LEXIS 2648, 1998 WL 637207 (La. Ct. App. 1998).

Opinion

frDALEY, Judge.

This is a second appeal in this ease which arises from an automobile accident in which the plaintiff suffered personal injuries. For reasons assigned, we affirm the judgment of the trial court.

FACTS AND PROCEDURAL HISTORY

This matter arises out of an automobile accident which occurred on July 21, 1994 at approximately midnight on the elevated portion of the Westbank Expressway. The accident occurred when the plaintiff was rear-ended by a ear driven by the defendant, Glenn Duffard, and insured by Motors Insurance Corporation.1 Following a trial on the merits, the jury awarded plaintiff $54,000.00 in past medical expenses, 13$!6,000.00 for future medical expenses, $51,000.00 for past and future physical pain and suffering, and $29,000.00 for past and future loss wages. The jury declined to-.award the plaintiff damages for mental anguish. The jury found that Mr. Duffard was intoxicated at the time of the accident, but found the intoxication was not a cause of the accident. The jury further found the plaintiff to be 25 percent comparatively negligent in causing the accident.

The first appeal was filed by the plaintiff from this jury verdict. This Court held the jury was manifestly erroneous in failing to find Mr. Duffard 100 percent at fault, and held Mr. Duffard was the sole cause of the accident. Selvage v. Robert Levis Chevrolet, Inc., 96-1035 (La.App. 5th Cir. 7/29/97), 698 So.2d 442. This Court also found the jury erred in failing to award plaintiff damages for past and future mental anguish and exemplary damages due to the fact that Mr. Duffard’s intoxication caused or contributed to the accident. The case was remanded to the trial court for a determination of damages on these issues.

On remand, the trial judge awarded plaintiff $100,000.00 for past and future mental anguish, including embarrassment from scar[1090]*1090ring and exemplary damages in the amount of $150,000.00. Following the denial of a Motion for New Trial, the defendants appealed.

Testimony at trial revealed that Mr. Duf-fard was traveling approximately 60 miles per hour when he struck plaintiffs car in the center lane of the three lane highway. There were no other cars in the vicinity at the time of the accident. The impact caused plaintiffs car to strike the right concrete guardrail. Her car then spun across the highway, striking the left guardrail, coming to rest with the front tires resting on the guardrail. Plaintiff was wearing her seatbelt at the time of impact, however, her seat broke causing her to be thrown about the car. She did not lose | ¿consciousness. Plaintiff testified that she smelled gasoline when her car finally came to rest and she feared the car would explode. Due to the damage sustained by her vehicle, she had to be extracted from the car.

Plaintiff was taken by ambulance to Charity Hospital, where she was treated for severe bruising throughout her body. She was prescribed pain medication and told to see a physician for follow up care. After going home, plaintiff experienced such severe pain that her parents took her to the emergency room at West Jefferson Medical Center. The medical records from that visit indicate that plaintiff had multiple severe contusions and acute cervical and lumbar sprain. She was administered additional pain medication and instructed to seek follow up medical care.

At trial, testimony was received from several of the plaintiffs treating physicians. Dr. Sudderth, an expert in general practice, testified that he first examined plaintiff on July 27, 1994. He described severe multiple contusions on her left forearm, right elbow and left forehead. He noted that she complained of left sided headaches due to trauma sustained on the left side of her head. Dr. Sudderth explained that his physical exam indicated that Ms. Selvage had muscle spasms in her cervical and lumbar areas which was indicative to injuries in these areas. He prescribed physical therapy, pain medication and muscle relaxants. Over the course of Dr. Sudderth’s treatment of plaintiff, he referred her to various specialists for treatment of her numerous injuries, which included bilateral carpal tunnel syndrome, bilateral thoracic outlet syndrome, severe post traumatic headaches, and post traumatic stress syndrome. He last examined plaintiff in April 1996, at which time she complained of neck and back pain, and headaches. Dr. Sudderth concluded that plaintiff is 25 percent disabled, has a poor prognosis, and in his opinion, she will “continue to have problems.”

IsDr. Peter Skov, an ophthalmologist, testified that he examined plaintiff on July 28, 1994, at which time she complained of left sided headaches and seeing spots and flashing lights in front of her eye. Ms. Selvage related to him that she hit her head in an auto accident. His exam showed a hemorrhage in the outer side of her left eye. He explained that plaintiffs visual complaints were being caused by blood floating around the inside of her eyeball. Dr. Skov examined plaintiff periodically to monitor this injury because it could possibly damage her retina which would affect her eye sight. Dr. Skov opined that plaintiff should continue to have her retina examined every four to five months over the next few years.

Dr. Mohnot, a neurologist, testified that plaintiff was referred to him for treatment of headaches. He first examined plaintiff on August 24, 1994, at which time she stated that she had hit her head in an auto accident and then had several small bumps in different places on her head. Her headaches were described as being on the left side of her head and were accompanied by nausea, dizziness, and visual disturbances. Dr. Mohnot noted that plaintiff had a prior history of headaches which were less frequent, less intense and not accompanied by visual disturbances. Over the course of his treatment of plaintiff, she continued to complain of severe headaches which occurred on a daily basis and were unrelieved by various medications. Dr. Mohnot diagnosed plaintiff as suffering from severe post traumatic headaches and opined that it was likely that these headaches would continue in the future.

[1091]*1091Dr. Fleming, an orthopedic surgeon, testified that plaintiff was referred to him for pain in her neck, low back, and arms. He first examined plaintiff on January 9, 1995 at which time he noted decreased range of motion in her spine. Dr. Fleming ordered that plaintiff have nerve conduction studies performed which were indicative of right and left carpal syndrome. Dr. Fleming also noted that plaintiffs exam was |6indicative of thoracic outlet syndrome and she was referred to another physician for treatment of that condition. Dr. Fleming performed surgery on Ms. Selvage for treatment of her right carpal tunnel syndrome in June 1995. Following that surgery, she continued to complain of pain in both hands. He performed surgery on Ms. Selvage for treatment of left carpal tunnel syndrome in December 1995, after which her complaints of pain in the left hand ceased. Over the course of Dr. Fleming’s treatment of plaintiff, she complained of pain in the low back and right scapular region. She was administered steroid and analgesic injections in these areas on numerous occasions, resulting in temporary pain relief. Dr. Fleming last examined plaintiff in April 1996. She continued to complain of pain in her right scapula, right hand, and low back.

Dr. Francis Alessi, a thoracic surgeon, treated plaintiff for thoracic outlet syndrome. Dr. Alessi first examined plaintiff on March 27,1995.

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

Related

Lyons v. Progressive Insurance Co.
881 So. 2d 124 (Louisiana Court of Appeal, 2004)
Hollier v. State Farm Mut. Auto. Ins. Co.
799 So. 2d 793 (Louisiana Court of Appeal, 2001)
Wehbe v. Waguespack
720 So. 2d 1267 (Louisiana Court of Appeal, 1998)

Cite This Page — Counsel Stack

Bluebook (online)
719 So. 2d 1088, 98 La.App. 5 Cir. 197, 1998 La. App. LEXIS 2648, 1998 WL 637207, Counsel Stack Legal Research, https://law.counselstack.com/opinion/selvage-v-robert-levis-chevrolet-inc-lactapp-1998.