Teague v. Barnes

519 So. 2d 817, 1988 WL 2702
CourtLouisiana Court of Appeal
DecidedJanuary 11, 1988
Docket87-CA-375
StatusPublished
Cited by22 cases

This text of 519 So. 2d 817 (Teague v. Barnes) 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
Teague v. Barnes, 519 So. 2d 817, 1988 WL 2702 (La. Ct. App. 1988).

Opinion

519 So.2d 817 (1988)

Judy M. TEAGUE
v.
Alfred M. BARNES, Jr., et al.

No. 87-CA-375.

Court of Appeal of Louisiana, Fifth Circuit.

January 11, 1988.
Rehearing Denied February 17, 1988.

*818 William R. Brough, Brough & Livaccari, New Orleans, for defendants/appellants.

Gregory C. Champagne, Luling, for plaintiff/appellee.

Kenneth C. Hughes, James Ryan, New Orleans, for third party defendant-appellee.

Before BOWES, GAUDIN and GOTHARD, JJ.

BOWES, Judge.

This is a lawsuit by a tenant against her landlord for injuries sustained in a slip-and-fall accident on the rented premises. Following a non-jury trial, the district court awarded judgment for the tenant in the amount of $474,484.04 (comprising $24,395 for past lost wages, $40,089.04 for past medical expenses, $10,000 for future medical expenses, and $400,000 for general damages.) The landlord and its insurer have appealed.

The appellants assert several assignments of error, which may be consolidated into three major issues: (1) whether the trial court erred in failing to find the plaintiff comparatively negligent; (2) whether the trial court erroneously admitted and considered certain evidence; (3) whether the trial court abused its discretion in the award of general damages.

The appellee has answered the appeal, asserting the trial court erred in failing to award her damages for future loss of earning capacity.

FACTS

The accident occurred on May 10, 1983, when Judy M. Teague and her family were tenants of the Lakewood West Apartments *819 in Luling, Louisiana, under a lease with Apartment Rental Consultants, Inc., d/b/a Trademark Property Management.[1] The resident manager of the apartments was Pam Sargent, whose husband, Tom Sargent, performed the maintenance and repairs. The Sargents were employed by Trademark.

Two days earlier, Mrs. Teague had notified Tom Sargent that the downstairs toilet was leaking water from its base and also that a fuse needed to be replaced. Sargent promised her he would repair it promptly. He replaced the fuse that evening and told Mrs. Teague he would come back the next day to repair the toilet.

He did not appear as promised the following day, May 9th, so Mrs. Teague contacted him again and he told her he would repair it first thing the next morning. Mrs. Teague, who worked a night shift, told him to let himself in to make the repair while she was sleeping. (He had done this in the past to make other repairs.)

The next day, she awoke about 1:30 in the afternoon and went downstairs to get something to eat. Assuming that Mr. Sargent had repaired the leaky toilet, she went into the downstairs bathroom, but immediately felt water still on the floor. Mrs. Teague knew at once Sargent had not made the repair. Simultaneously, the telephone rang and she turned to exit the bathroom to answer it. As she turned, her foot slipped on the wet floor and she fell hard on her left side, resulting in the injuries made the basis of this suit.

The injury initially diagnosed was a fracture of the fifth metatarsal bone of the left foot, which was treated by Dr. Ralph Gessner. Although it healed without unusual complication, more than a year after the accident Mrs. Teague (who was then 34 years of age) still complained of occasional pain in the ankle. Dr. Gessner stated this was to be expected, not only because fractures of the 5th metatarsal are very painful but also because arthritic changes inevitably develop at the site of a fracture.

On her second visit to Dr. Gessner for her foot, Mrs. Teague complained of pain in her left elbow. At the time Dr. Gessner diagnosed this as only a contusion to the olecranon process (the tip of the elbow). The elbow, however, subsequently became plaintiff's major and continuing complaint.

Several visits later, palpation revealed a floating object under the surface of the skin at the elbow. Plaintiff's complaints of elbow pain continued on each visit. On June 27, 1983, Dr. Gessner performed surgery, removing a fragment of cartilaginous material.

Although the elbow incision appeared to heal well following the surgery, Mrs. Teague continued to complain of pain. Eventually Dr. Gessner diagnosed chronic olecranon bursitis. On September 16, 1984, plaintiff underwent surgery to excise the olecranon bursa.

Although the incision again healed with no evidence of infection, plaintiff continued to complain extensively of pain in the elbow. Nerve conduction studies showed no nerve involvement. The elbow became swollen and inflamed from time to time and plaintiff complained of numbness in portions of her left hand. She was treated with antibiotics and cortisone injections, to no avail.

On December 18, 1984, Dr. Gessner performed surgical re-exploration of the elbow, excising scar tissue that had built up at the site. Again the incision healed well, but over the succeeding months plaintiff continued to suffer periodic flareups of elbow inflammation and reiterated her complaints of pain and numbness in the hand. During this time she continued to take oral antibiotics and anti-inflammatory pain medication.

*820 In June 1985 plaintiff moved to Lake Charles due to a job transfer. During the summer a pocket of fluid formed on her elbow that turned red and occasionally drained fluid. She saw a Dr. Lavoy in Lake Charles, who treated her with antibiotics and pain medication. In October 1985 she suffered an episode of acute inflammation of the elbow; Dr. Gessner prescribed antibiotics and told her not to work.

Although plaintiff returned to Luling occasionally to see Dr. Gessner, the distance made frequent trips difficult so Gessner referred her to a physician in Lake Charles, Dr. Washington. In November 1985, Dr. Washington performed surgery to open and drain the elbow; he diagnosed a staph (staphylococcus) infection and treated plaintiff with intravenous antibiotics.

While hospitalized for this surgery, plaintiff testified, she suffered an allergic reaction to a medication and underwent a proctoscopic examination because she had developed diarrhea. She was hospitalized for 14 days; a few days after her release, the infection recurred and she was hospitalized again. Dr. Washington reopened the incision and left it open; plaintiff thereafter underwent several weeks of whirlpool therapy.

In early December 1985, Mrs. Teague was on a visit to Houston, Texas, when her arm swelled again and began draining. She saw a Houston physician, Dr. Gary Gartsman, who told her she had a very serious infection that required immediate hospitalization.

On December 17, 1985, plaintiff underwent surgery by Dr. Gartsman, involving a complete soft tissue excision and excision of the bony tip of the olecranon. Dr. Gartsman consulted Dr. Tobias Samo, a specialist in infectious diseases, who determined that plaintiff had a methicillan-resistant staph infection and osteomyelitis, a bone infection.

Because treatment required high doses of intravenous antibiotics for an extended period, a Hickman catheter was implanted in plaintiff's chest to enable self-administration of the medication at home. The Hickman catheter tunnels a short distance underneath the skin, usually on the chest, and enters a large vein in the upper portion of the chest. The patient injects the antibiotic directly into the chest.

After her discharge from the hospital, plaintiff was required to administer the antibiotic (Vancomycin) to herself. In self-administration, the patient first flushes the tube by injecting saline solution, then attaches a drip bag of the antibiotic to the catheter.

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Bluebook (online)
519 So. 2d 817, 1988 WL 2702, Counsel Stack Legal Research, https://law.counselstack.com/opinion/teague-v-barnes-lactapp-1988.