Singleton v. Laudumiey

195 So. 2d 435, 1967 La. App. LEXIS 5840
CourtLouisiana Court of Appeal
DecidedFebruary 15, 1967
DocketNo. 1898
StatusPublished
Cited by1 cases

This text of 195 So. 2d 435 (Singleton v. Laudumiey) 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
Singleton v. Laudumiey, 195 So. 2d 435, 1967 La. App. LEXIS 5840 (La. Ct. App. 1967).

Opinion

HOOD, Judge.

Mr. and Mrs. Rodric M. Singleton instituted this suit for damages for personal injuries sustained by Mrs. Singleton as a result of, an automobile collision. Judgment was rendered by the trial court in favor of plaintiffs, and against three of the defendants, awarding Mrs. Singleton $2000.00 for the injuries which she sustained, and awarding Mr. Singleton $1845.94 as special damages. The defendants acquiesced in and paid the amount due under that judgment. Plaintiffs have appealed.

The accident which gave rise to this suit occurred on May, 2, 1964, at a street intersection in the City of Opelousas, Louisiana. Plaintiff, while driving her own automobile, stopped for a red traffic light, and as she did so her car was struck from the rear by an automobile being driven by defendant, Marcel A. Laudumiey.

Defendants admit liability, and the sole issues presented on this appeal relate to quantum. Plaintiffs contend that the award made to Mrs. Singleton as general damages should be increased, and that the award of special damages to Mr. Singleton should be increased to include the following additional items: (1) Future medical expenses; (2) the expenses incurred in hiring additional household help; and (3) the amount paid to. Dr. Meuleman for treatment of Mrs. Singleton’s injuries.

This case was consolidated for trial and appeal with another suit filed by the same parties at the same time. In that suit plaintiffs claim damages for injuries allegedly sustained by Mrs. Singleton when she slipped and fell in a grocery store one week after she had been involved in the above mentioned automobile accident. We are deciding that companion case also on this date. See Singleton et al. v. Foodtown, Inc., et al., La.App., 195 So.2d 439.

Mrs. Singleton was 61 years of age and was in good health when the accident occurred. She testified that for about one year prior to that time she had been physically able to and did care for her invalid mother and her semi-invalid husband, with the help of a maid. She states that as a result of the accident she injured her neck and back, that since that time she has continued to suffer pain in those areas, that she has been unable to care for the other members of her household as she formerly had done, and that it was necessary for her to employ an additional maid to assist her. On May 4, 1964, she consulted Dr. Emile Ventre, who had been treating her mother and husband, and she has been under his care and treatment continuously since that time.

She testified that on May 9, 1964, or one week after the automobile accident occurred, she slipped and fell on the floor of a grocery store, and she claims that as a result of that accident she sustained other injuries, including an injury to her back. She and her husband instituted a separate suit for the damages which she allegedly sustained as a result of the second accident, and that is the case which has been consolidated for trial with the instant suit.

Dr. Ventre, a general practitioner, examined plaintiff initially on May 4, 1964, and concluded that as a result of the automobile accident which had occurred two days earlier she had sustained a “moderately severe cervical sprain” and a “minor spasm in the [437]*437back.” X-rays of the lumbar spine taken «on May 4, 1964, showed that on that date Mrs. Singleton had a “degenerative disease between L-S and S-l, and an old spondylo-listhesis of L-S S-l.” X-rays of the neck taken at that time showed no fracture, and Dr. Ventre testified that in his opinion they were essentially negative as to osteoarthritis. He began treating Mrs. Singleton on that date and he continued to treat her for her neck and back complaints until the time of the trial which took place about 20 months after the accident occurred. The treatment which he administered consisted of muscle relaxants, tranquilizers, pain relievers, injections and diathermy. He also •prescribed a traction device for the neck, -which device was used by Mrs. Singleton in 'her home about three times a day for a •period of five or six months, each application requiring about 25 minutes. Mrs. ‘Singleton was never hospitalized, and it ■was not necessary for her to wear a cervical collar.

Dr. Ventre testified that x-rays taken of Mrs. Singleton’s neck in January, 1966, showed degenerative arthritis developing .around the fourth and fifth cervical vertebra. He acknowledged that it was normal for a person of Mrs. Singleton’s age to develop arthritis in that area, but he stated that the amount of arthritis which had developed by January, 1966, was such that he “must presume that there was some aggravation involved.” He testified that Mrs. Singleton continued to suffer pain and muscle spasm in her neck from the date of the automobile accident until June, 1965, or for a period of about 13 months, but that it cleared up on about the last mentioned ■date, leaving her with some degenerative arthritis and probably a little pain and discomfort in her neck during changes of the weather in winter months for the rest of her life. In his opinion, the neck injury resulted solely from the automobile accident, and it was not aggravated by the fall ■which plaintiff sustained a few days later.

In Dr. Ventre’s opinion, the back injury which Mrs. Singleton sustained on May 2, 1964, cleared up within a week after the automobile accident occurred. The doctor stated that she re-injured her back on May 9, 1964, when she fell in the grocery store, that she continued to suffer with her back for some time thereafter, and that he has treated her for that injury. He feels, however, that the pain which she experienced in her back from and after May 9, 1964, was caused solely from the fall which occurred on that date, and not from the injury which she sustained as the result of the automobile accident which occurred one week earlier.

Dr. Robert L. Trahan, a radiologist, made x-rays of the cervical and lumbar areas of Mrs. Singleton on May 4, 1964, and he made a further x-ray study of the lumbar region on June 19, 1964. With reference to the cervical area, he found that on the first mentioned date she had “some minimal arthritic changes,” which “would go along with the patient’s age,” but that the vertebral bodies were in good alignment and there were no fractures. With reference to the lumbar region of Mrs. Singleton’s back, Dr. Trahan found a pre-existing spon-dylolisthesis and a narrowing of the space between L-5 and’S-l. His findings as to the low back area are not relevant here, however, because plaintiff concedes that the back injury which she sustained in the automobile accident was minor and that she fully recovered from that injury before the second accident occurred on May 9, 1964.

Dr. William L. Meuleman, an orthopedic surgeon, examined Mrs. Singleton at the request of Dr. Ventre on July 13, and on October 8, 1964, and on February 8, 1965. He found no muscle spasm, no restriction of motion, and no objective signs of injury to plaintiff’s neck on any of these examinations, and he concluded that if Mrs. Singleton had sustained any injury to her neck as a result of the automobile accident which occurred on May 2, 1964, she had completely recovered from that injury by the time he first examined her on July 13, 1964. He reviewed the x-rays which had been taken of the cervical area on May 4, [438]*4381964, and those which were taken in January, 1966. He testified that the first x-rays showed arthritic spurring in the cervical area, which existed before the date of the accident, and the last x-rays showed more arthritic changes.

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Related

Singleton v. Foodtown, Inc.
195 So. 2d 439 (Louisiana Court of Appeal, 1967)

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Bluebook (online)
195 So. 2d 435, 1967 La. App. LEXIS 5840, Counsel Stack Legal Research, https://law.counselstack.com/opinion/singleton-v-laudumiey-lactapp-1967.