Sepulvado v. Turner

862 So. 2d 457, 2003 WL 22900922
CourtLouisiana Court of Appeal
DecidedDecember 10, 2003
Docket37,912-CA
StatusPublished
Cited by21 cases

This text of 862 So. 2d 457 (Sepulvado v. Turner) 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
Sepulvado v. Turner, 862 So. 2d 457, 2003 WL 22900922 (La. Ct. App. 2003).

Opinion

862 So.2d 457 (2003)

Lesa SEPULVADO, et ux., Plaintiffs-Appellees,
v.
Spence A. TURNER, et al., Defendants-Appellants.

No. 37,912-CA.

Court of Appeal of Louisiana, Second Circuit.

December 10, 2003.

*459 Ungarino & Eckert by Matthew J. Ungarino, Metairie, for Appellants.

Byron D. Kitchens, West Monroe & David O'Brian Harkins, Jr., Monroe, for Appellees.

Before WILLIAMS, GASKINS & PEATROSS, JJ.

PEATROSS, J.

This appeal arises from a jury verdict of damages in favor of Plaintiffs, Lesa Sepulvado and Jessie Sepulvado, individually and on behalf of their minor children, Brittney Sepulvado, Ashley Sepulvado and Cary Sepulvado (collectively "Plaintiffs"), and against Defendants, Spence A. Turner, Time Warner Entertainment Co., L.P. and Travelers Insurance Company (collectively "Defendants"). Defendants now appeal the judgment of the trial court. For the reasons stated herein, we affirm.

FACTS

On January 20, 2001, Mr. and Mrs. Sepulvado and their three children were involved in a car accident with Mr. Spence A. Turner, who, at the time of the accident, was driving his work vehicle in the course and scope of employment for Time Warner Entertainment. Mr. Turner drove his vehicle into the back of Plaintiffs' car at the intersection of Warren Drive and Wellerman Road in West Monroe, Louisiana. Plaintiffs' car was totaled.

Experiencing discomfort from the accident, Mrs. Sepulvado saw Dr. Dan Wiegand, who recommended treatment and a plan of care for her injuries. In particular, Mrs. Sepulvado was having extreme pain in her lower back. Dr. Wiegand subsequently referred Mrs. Sepulvado to Dr. John Ledbetter because Mrs. Sepulvado's lower back was not responding to his treatments. Thereafter, Dr. Ledbetter prescribed a plan of treatment for Mrs. Sepulvado. After treating Mrs. Sepulvado from May to December 2001, Dr. Ledbetter opined that Mrs. Sepulvado would need ongoing treatment periodically, including several sacral iliac joint injections, and a weight loss and exercise plan was prescribed. Despite these treatments, however, Mrs. Sepulvado continued to have pain in her lower back, especially after prolonged sitting, and walking also exacerbated the pain. Mrs. Sepulvado was diagnosed with sacral iliac joint dysfunction, a permanent injury.

Plaintiffs filed a lawsuit against Defendants and Defendants stipulated to their liability, asking that only the issue of damages be presented to the jury. A trial was held on the issue of damages on January 21, 22 and 23, 2003. Mrs. Sepulvado testified as to her injuries and pain. Each family member also testified at trial as to the limitations affecting Mrs. Sepulvado and how those limitations have affected the entire family. Mr. Sepulvado testified as to how the change in Mrs. Sepulvado had resulted in the loss of intimacy between him and his wife. Mr. Sepulvado and the children also testified as to the losses in *460 the lifestyle of the family as a result of the accident. Several of Mrs. Sepulvado's coworkers testified as to the limitations Mrs. Sepulvado now had at work due to the injuries from her accident. The Sepulvados' pastor testified as to specific examples of Mrs. Sepulvado's pain that he had observed after the accident.

Dr. Ledbetter testified that Mrs. Sepulvado will have future fluctuations in pain levels depending on her level of activity. In addition, Dr. Ledbetter testified that Mrs. Sepulvado's treatments will have to continue for a minimum of 10 years, and for possibly as long as 15 years, resulting in a minimum of $32,000 in future medical expenses.

On the other hand, Dr. Douglas Brown testified for the Defendants that Mrs. Sepulvado had arthritis in her joints and that, in his opinion, this was a pre-existing condition. Dr. Brown also testified that her excessive weight alone could have caused this arthritic condition to worsen and that this was the cause of her pain. He indicated that he tested Mrs. Sepulvado and found that she had no spasm, good muscle strength, a negative straight leg raising test, no disc or nerve involvement and only mild tenderness. Dr. Brown further testified that Mrs. Sepulvado would not be limited in her activities and he recommended that she lose 50 pounds and become more active.

The entire Sepulvado family testified as to the efforts that Mrs. Sepulvado had taken to lose weight. Mrs. Sepulvado testified that she exercised with free weights, went through the "Body for Life" program, counted calories, walked, drank diet shakes and participated in a low carbohydrate diet. She testified that her dress size went from a size 20 to a size 16. Dr. Ledbetter testified that he knew that Mrs. Sepulvado was dieting and exercising as he had directed.

Mrs. Sepulvado also testified that her daughter Ashley began experiencing headaches shortly after the accident and complained of tightness in her jaw and neck. Ashley testified that she began experiencing pain in her jaw and headaches shortly after the accident and that her jaw would make a popping sound. She told Dr. Wiegand about her pain a couple of weeks after the accident. Dr. Wiegand testified at trial that he remembered that Ashley told him of these symptoms. Dr. Glenn Hummel, an orthodontist, later testified that he diagnosed Ashley's symptoms as TMJ syndrome. Based on Ashley's history and the lack of any previous problems with her jaw, Dr. Hummel testified that the car accident caused Ashley's TMJ.

At trial, both Dr. Ledbetter and Dr. Wiegand also testified that Mrs. Sepulvado's injuries were a result of the accident. Defendants were found to be liable to Plaintiffs for damages in the total amount of $427,395.13 plus legal interest from the date of judicial demand and all costs of the proceedings. Further, Defendants were ordered to pay Plaintiffs' expert witness fees in the amount of $1,425 for Dr. John Ledbetter and $900 for Dr. Dan Wiegand. Damages were broken down in the following amounts: $344,610.94 for Lesa Sepulvado; $29,454 for Jesse Sepulvado; $15,883 for Mr. and Mrs. Sepulvado, individually and on behalf of their minor child, Brittney Sepulvado; $23,358.19 for Mr. and Mrs. Sepulvado, individually and on behalf of their minor child, Ashley Sepulvado; and $14,089 for Mr. and Mrs. Sepulvado, individually and on behalf of their minor child, Cary Sepulvado.

The damages awarded to Lesa Sepulvado included $250,000 for past and future pain and suffering, $35,000 for future medical expenses and $35,000 for loss of consortium. Included in the damages awarded to Jessie Sepulvado were $20,000 for *461 loss of consortium. The damages awarded to each child included $7,500 for loss of consortium. Ashley Sepulvado received an award of $7,500 for future pain and suffering based on her diagnosis of TMJ syndrome. Following the jury verdict, Defendants filed a motion for new trial or, alternatively, a motion for judgment notwithstanding the verdict. The trial judge denied both motions, finding that the damages were appropriate because the accident was a life-changing event for the whole family. Further, the trial judge found that Mrs. Sepulvado's injuries were substantial and would affect her the rest of her life. Defendants now appeal, raising the following assignments of error (verbatim):

1. The jury's award for general damages was excessive and outside the permissible range of awards for general damages for Lesa Sepulvado;

2. The jury's verdict is patently wrong, as the awards for loss of consortium were excessive and outside the range of reasonable awards for these damages;

3.

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Bluebook (online)
862 So. 2d 457, 2003 WL 22900922, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sepulvado-v-turner-lactapp-2003.