Tauzier v. Kraus

845 So. 2d 1208, 2002 La.App. 5 Cir. 1015, 2003 La. App. LEXIS 1196, 2003 WL 1969177
CourtLouisiana Court of Appeal
DecidedApril 29, 2003
DocketNo. 02-CA-1015
StatusPublished
Cited by1 cases

This text of 845 So. 2d 1208 (Tauzier v. Kraus) 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
Tauzier v. Kraus, 845 So. 2d 1208, 2002 La.App. 5 Cir. 1015, 2003 La. App. LEXIS 1196, 2003 WL 1969177 (La. Ct. App. 2003).

Opinions

J^SUSAN M. CHEHARDY, Judge.

In this personal injury lawsuit where defendant stipulated to liability, the jury awarded plaintiff general damages, medical expenses and lost wages. Plaintiff appeals the jury’s award of general damages as abusively low. For the following reasons, we affirm.

Facts

On the afternoon of December 21, 1999, the plaintiff, Wayne Tauzier, Jr., was driving southbound on Williams Boulevard in Kenner in his 1988 Ford F-150 pickup truck. Although traffic was stopped in the center and left lane, plaintiff was in the far right lane traveling between 30 to 35 miles per hour, which was below the posted speed limit on that portion of Williams Boulevard on that date. As plaintiff approached the intersection of Williams and 31st Street, defendant, Angela Kraus, who had been traveling west on 31st Street in her mother’s 1991 Dodge Dynasty, pulled out from between the cars stopped in the center lane into plaintiffs lane and stopped. Although he braked, plaintiff was unable to stop and broadsided defendant.

After the accident, even though he did feel pain in his left knee, plaintiff refused medical treatment at the scene. Defendant was cited for driving with a | .^suspended license and failure to yield. Both cars were severely damaged in the collision.

Later that evening, plaintiffs mother brought him to the emergency room at East Jefferson General Hospital because he was complaining of pain in his left knee. X-rays of plaintiffs knee on that date revealed no abnormality of the left knee. On December 21, 1999, the emergency room physician prescribed an anti-inflammatory to help reduce any swelling and discharged plaintiff with a diagnosis of “knee contusion.”

Plaintiff continued to experience knee pain and swelling so he made an appoint[1210]*1210ment with Dr. Chad Millet, an orthopedic surgeon. On December 30, 1999, Dr. Millet examined plaintiff and found “some tenderness over the patella with some patello-femoral arthrosis” or, in laymen’s terms, pain under the kneecap. Dr. Millet also noted “no obvious swelling.” Dr. Millet continued the anti-inflammatory medications with recommendation to plaintiff to return if he had further problems.

Although plaintiff contends that during his first visit to Dr. Millet after his automobile accident he told Dr. Millet that he had pain “on the top of his [left] kneecap” and “pain to the inside of the [left] knee,” there was no mention in Dr. Millet’s record that plaintiff complained that day of tenderness near the medial1 joint line of his left knee. Dr. Millet also stated that he did not believe that plaintiff had a tear in the medial meniscus of his left knee at that point.

On February 11, 2000, plaintiff returned to Dr. Millet stating that his knee was fine until “last week [when] he was running and felt his knee pop.” That day, Dr. Millet observed swelling and “tenderness over the medial joint line with no obvious effusion,” which indicated a “possible tear” in the medial meniscus of the |4left knee. Dr. Millet testified that the plaintiffs complaints during his February 2000 visit were very different from his complaints right after his automobile accident. Although Dr. Millet could not rule out the automobile accident as the cause of plaintiffs meniscal tear, he opined that, of the two events, the running event would seem the more likely cause of the meniscal tear.

Plaintiff testified that the “knee popping incident” did not occur when he was running as Dr. Millet described but he experienced pain after walking rapidly in an attempt to catch up to a group of coworkers when they were all leaving work. Further, he could not recall exactly what he told Dr. Millet about the incident.

When plaintiff visited Dr. Millet on April 6, 2000 with continuing complaints of persistent pain and swelling in his left knee, Dr. Millet recommended arthroscopic surgery. On May 1, 2000, Dr. Millet performed arthroscopy and repaired the torn medial meniscus of plaintiffs left knee. On May 8, 2000, Dr. Millet examined plaintiff who, according to Dr. Millet’s records, presented “without complaints” and determined that plaintiff was recovering very well.

On May 31, 2000, plaintiff again visited Dr. Millet and reported, according to Dr. Millet’s records, that he been doing very well until the previous week when he “tripped and injured his left knee.” He presented with complaints of pain in the medial area of his left knee. Dr. Millet diagnosed plaintiff with a “strain vastus medialis left knee” and prescribed anti-inflammatory medication and therapy with heat and ice. Plaintiff testified that he did not remember tripping and injuring his left knee in May of 2000 or telling Dr. Millet that he had tripped.

In plaintiffs final visit with Dr. Millet on June 22, 2000, plaintiff complained of pain in his left knee and Dr. Millet observed “minimal tenderness |5over the medial joint line” and “mild pain with patellofemoral compression.” Dr. Millet discharged him on that date to return on an “as-needed” basis.

[1211]*1211On July 31, 2000, plaintiff sought treatment for pain in his knee from another orthopedist, Dr. Warren Bourgeois. On that date, after examining plaintiff, Dr. Bourgeois diagnosed plaintiff with persistent symptomatic inflammation of the medial plica and pain at the patella of the left knee. In laymen’s terms, plaintiff was experiencing pain associated with an injury to the cartilage on the underside of the kneecap and a thickening of the lining of the knee joint at the inside of the kneecap. Dr. Bourgeois prescribed anti-inflammatory medications and referred plaintiff for physical therapy.

On September 18, 2000, plaintiff again visited Dr. Bourgeois, who determined that plaintiff was still experiencing inflammation of the medial plica in his left knee. Dr. Bourgeois prescribed anti-inflammatory medication and continued physical therapy. After several weeks of physical therapy, plaintiffs symptoms ceased and he was released by Dr. Bourgeois without restrictions. Plaintiff testified that his knee is “fine now.”

On December 13, 2000, plaintiff filed suit against Angela Kraus, Regina Kraus, Hartford Insurance Company of the Midwest (“Hartford”), and State Farm Mutual Automobile Insurance Company (“State Farm”) for damages arising out of the automobile accident. Hartford was the Krauses’ insurer on the date of the accident. State Farm was plaintiffs uninsured/underinsured motorist carrier on the date of the accident. On January 30, 2001, State Farm, in its answer, filed a cross-claim seeking reimbursement for medical payments made to plaintiff pursuant to its uninsured/underinsured motorist coverage for plaintiff.

On February 25, 2002, the matter proceeded to trial. At trial, the Krauses and Hartford stipulated that Angela Kraus was at fault in the automobile accident on December 21, 1999. Further, the parties stipulated that, to the extent that | ¡¡plaintiff recovered medical expenses, State Farm would recover $5,000.00, the amount of its medical payments to plaintiff.

On February 26, 2002, after hearing testimony and evidence, the twelve-person jury awarded the plaintiff medical expenses totaling $17,870.79, lost wages totaling $1,800.00, and pain and suffering totaling $2,000.00. The trial judge thereafter issued a written judgment awarding $16,670.79 to plaintiff and $5,000.00 to State Farm.

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

Related

Cite This Page — Counsel Stack

Bluebook (online)
845 So. 2d 1208, 2002 La.App. 5 Cir. 1015, 2003 La. App. LEXIS 1196, 2003 WL 1969177, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tauzier-v-kraus-lactapp-2003.