Sepulvado v. Willis-Knighton Medical Center, Inc.

459 So. 2d 152, 1984 La. App. LEXIS 9786
CourtLouisiana Court of Appeal
DecidedOctober 31, 1984
Docket16598-CA
StatusPublished
Cited by9 cases

This text of 459 So. 2d 152 (Sepulvado v. Willis-Knighton Medical Center, 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
Sepulvado v. Willis-Knighton Medical Center, Inc., 459 So. 2d 152, 1984 La. App. LEXIS 9786 (La. Ct. App. 1984).

Opinion

459 So.2d 152 (1984)

Floyd J. SEPULVADO, Plaintiff-Appellee,
v.
WILLIS-KNIGHTON MEDICAL CENTER, INC., et al., Defendant-Appellant.

No. 16598-CA.

Court of Appeal of Louisiana, Second Circuit.

October 31, 1984.
Writ Denied December 14, 1984.

*153 Booth, Lockard, Politz, LeSage & D'Anna by John R. D'Anna, Shreveport, for plaintiff-appellee.

Watson, Blanche, Wilson & Posner by Felix R. Weill, Baton Rouge, for defendant-appellant.

Before PRICE, FRED W. JONES, Jr. and NORRIS, JJ.

NORRIS, Judge.

This appeal is from a jury verdict in a personal injury case. The plaintiff, Floyd Sepulvado, won $175,000 in damages from an unanimous twelve-man jury. Defendant, Willis-Knighton Medical Center, was denied a request for remittitur or a new trial. Defendant now seeks reduction by means of appeal, claiming manifest error and abuse of discretion. We affirm the lower court judgment recognizing the jury award.

The injury which gave rise to this lawsuit occurred on September 17, 1980, as plaintiff was being rolled out the hospital in a wheelchair. He had entered the hospital on September 10 to undergo a laminectomy and lysis surgery. The operation was an apparent success. After a week in the hospital for recuperation, plaintiff was discharged and boarded a wheelchair for the trip to his car. The aide driving the wheelchair attempted to pass through a doorway with a threshold raised about ¾ inch high. The wheels struck the threshold head-on, stopping the chair and jolting plaintiff from his seat, almost onto the floor. He experienced a sudden, sharp pain in his back and had to be returned to his room. Insistent *154 on going home, he was released later the same day despite considerable pain and soreness in the back. This pain, he asserts, is the same kind as he experienced before the operation and is what the operation corrected, except that it has worsened and spread to other parts of his body, particularly to his legs and feet. The pain is now constant and although it sometimes diminishes for short intervals, it is often excruciating and always serious enough to require medication. Plaintiff is unable to sit or stand for long periods of time and has been unable to work since the accident.

Mr. Sepulvado has a history of back problems. At the time of the accident he was 53 years old. He was a carpenter, contractor and house builder. Some twenty years earlier, he had suffered his first ruptured disk and had undergone surgery. Then, about three to five years later, he had another ruptured disk and another surgery. A myelogram was made for the second surgery but it was not used at trial. Both these operations were performed by Dr. Bonn, who is now deceased. According to Mr. Sepulvado, these operations were successful and enabled him to resume his regular active work routine virtually without pain. Then in 1978 he "stepped awkwardly" into a hole while doing carpentry work and began to have new pain in his back, left leg, and foot. He went to see Dr. Bennett Young, who could find no serious problem but prescribed pain medicine. Plaintiff claims that after a few days' rest he was able to return to work. Then in late August of 1980 he fell in a ditch, experienced severe pain, and went to see Dr. Young again. Dr. Young placed him in the hospital for tests, including a myelogram that was introduced at trial. The doctor found an extradural defect at L-4, 5 and diagnosed a herniated disk, disk fragment, or arachnoiditis. He scheduled surgery for September 10 in order to pinpoint the problem and correct it. Dr. Young testified at trial.

The hospital accident occurred one week after surgery. In the meantime, plaintiff had been recuperating and had begun walking. After the accident, he was taken home. Plaintiff testified that he reported the injury and resultant pain to Dr. Young soon afterwards. Dr. Young testified that he received his first knowledge of the accident on March 30, 1981, the date he noted it in his records. The nurses clinical and progress report from the hospital, however, contains the notation dated September 17, 1980 at 3:45 p.m., "Dr. Young notified of condition; stated OK for discharge," indicating that he had notice of the incident within fifteen minutes of its occurrence.

Since Willis-Knighton is a "health care provider" under the Louisiana Medical Malpractice Act, LSA-R.S. 40:1299.47, plaintiff's claim was originally heard by a medical review panel. The panel concluded that the hospital accident had only aggravated a pre-existing condition and that it had not caused permanent impairment. One member of the panel, Dr. Austin Gleason, testified at trial.

Before trial, Willis-Knighton stipulated its liability. Thus the jury's only question was quantum. After a two day trial, the jury rendered a verdict for $175,000. As mentioned earlier, defendant moved for a remittitur or, alternatively, a new trial. The trial judge denied the requested relief.

On appeal, defendant argues the trier of fact committed manifest error in finding that plaintiff's injuries caused by the wheelchair accident were permanent and not temporary. Defendant stresses the results of the medical review panel as well as testimonial remarks from other physicians. Our approach to review is guided by the holdings in Canter v. Koehring Co., 283 So.2d 716 (La.1973), clarified by Arceneaux v. Domingue, 365 So.2d 1330 (La.1979). In Arceneaux, the Supreme Court said:

As an aid to the exercise of the appellate function of review of facts in civil cases, we attempted to explain, in Canter v. Koehring, supra, without great detail, the appropriate standard. We said that "even though the appellate court may feel that its own evaluations and inferences are as reasonable," it should not disturb reasonable findings of *155 the trial court when there is conflict in the testimony. We prefaced this observation: "When there is evidence before the trier of fact which, upon its reasonable evaluation of credibility, furnishes a reasonable factual basis for the trial court's finding, on review the appellate court should not disturb this factual finding in the absence of manifest error. 283 So.2d 716, 724 (emphasis added).
We did not foresee that this explanation would be misunderstood to mean that: "There is no manifest error when the evidence before the trier of fact furnishes a reasonable basis for its finding." We said the appellate court should not disturb this factual finding in the absence of manifest error. The difference is important. "Manifestly erroneous," in its simplest terms, means "clearly wrong." We said, then, that the appellate court should not disturb such a finding of fact unless it is clearly wrong. Therefore, the appellate review of facts is not completed by reading so much of the record as will reveal a reasonable factual basis for the finding in the trial court; there must be a further determination that the record establishes that the finding is not clearly wrong (manifestly erroneous). 365 So.2d at 1333.

Therefore we shall review the evidence to see whether the verdict is clearly wrong.

Plaintiff first called Dr. Young, who testified about his examinations of plaintiff. The myelogram of September 1980 showed that he had either a herniated disk, a herniated disk fragment, or arachnoiditis (an inflammation of spinal tissue due to the earlier surgeries). Dr. Young said he performed a laminectomy and lysis surgery and considered it a success.

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

Related

Gust v. Brint
577 So. 2d 1012 (Louisiana Court of Appeal, 1991)
Mims v. Reliance Ins. Co.
535 So. 2d 1085 (Louisiana Court of Appeal, 1988)
McGrew v. Jordan
516 So. 2d 1246 (Louisiana Court of Appeal, 1987)
Canada v. Myers
511 So. 2d 1223 (Louisiana Court of Appeal, 1987)
Wactor v. Pickens Lumber Co.
505 So. 2d 815 (Louisiana Court of Appeal, 1987)
McGillivray v. Rapides Iberia Management Ent.
493 So. 2d 819 (Louisiana Court of Appeal, 1986)
Butts v. Cummings
488 So. 2d 1169 (Louisiana Court of Appeal, 1986)
Finley v. Bass
478 So. 2d 608 (Louisiana Court of Appeal, 1985)
Sepulvado v. Willis-Knighton Medical Center, Inc.
462 So. 2d 197 (Supreme Court of Louisiana, 1984)

Cite This Page — Counsel Stack

Bluebook (online)
459 So. 2d 152, 1984 La. App. LEXIS 9786, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sepulvado-v-willis-knighton-medical-center-inc-lactapp-1984.