Thom v. Benson Chevrolet Co.

759 So. 2d 988, 99 La.App. 5 Cir. 1150, 2000 La. App. LEXIS 1022, 2000 WL 486119
CourtLouisiana Court of Appeal
DecidedApril 25, 2000
DocketNo. 99-CA-1150
StatusPublished
Cited by1 cases

This text of 759 So. 2d 988 (Thom v. Benson Chevrolet Co.) 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
Thom v. Benson Chevrolet Co., 759 So. 2d 988, 99 La.App. 5 Cir. 1150, 2000 La. App. LEXIS 1022, 2000 WL 486119 (La. Ct. App. 2000).

Opinion

| gGOTHARD, Judge.

This is a personal injury action brought by plaintiff, Catherine Thom, for injuries received in a head-on collision. Defendant, Alfred Soo, president of Benson Chevrolet Company, Inc. (Benson), who was driving a vehicle owned by Benson apparently fell asleep at the wheel, crossed over into the oncoming lane and collided with Ms, Thom’s vehicle on Mississippi Highway 603. The accident happened at about 3:30 a.m. on April 24, 1994, as Ms. Thom was driving to the Jubilee Casino where she was employed as a dealer.

There was an extended trial in this matter which began in October, 1996 and ended in May, 1999. During that time the trial court heard testimony on October 16-17, 1996, April 30, 1997, September 8-9, 1997, November 14, 1997, April 30, 1998, June 24, 1998, and August 24, 1998. The matter was taken into consideration and judgment was rendered on | .January 20, 1999. In that judgment, the trial court found in favor of Ms. Thom and against defendants in the amount of $395,065.40. The judgment also provided that defendants pay all costs. Defendants filed a “Motion for Written Reasons for Judgment and for New Trial”. On March 5, 1999 the trial court filed written reasons for judgment in which it stated that it made a determination that Mr. Soo’s negligence was the sole cause of the accident. The reasons also itemize the damages awarded as follows:

Loss of enjoyment of life $250,000.00
Past lost wages 42,325.00
Future lost wages 40,000.00
Loss of fringe benefits 31,247.00
Medical expenses 31,493.40

On June 21, 1998, the trial court rendered a second judgment, denying defendant’s motion for new trial and awarding $3,466.97 in costs and $5,400.00 in expert witness fees. Both parties have filed appeals raising questions which relate to damages. No issues of liability are presented for our consideration in this appeal.

At trial the court heard testimony from Dr. Louis Provenza, a neurosurgeon who treated Ms. Thom. He testified that he first saw Ms. Thom about one week after the accident. At that time she complained of some upper chest pain, right chin pain, and frontal forehead pain. She also related to the doctor that she lost consciousness briefly at the time of the accident. She also experienced some blurred vision in the right eye and some dizziness.

|4Pr. Provenza conducted a neurological examination which included checking reflexes and motor screening. Those results were normal. Ms. Thom did have about a six-by-five centimeter cephalhematoma in the frontal region. She also had some facial bruising and bilateral periorbital edema. There were bruises on her right forearm and shin. There was some right subconjunctival hemorrhage in her eye.

Dr. Provenza reviewed a Computerized Axial Tomography (CT) scan which was performed on Ms. Thom at Hancock Medical Center shortly after the accident. Although the results were negative, that finding does not completely rule out a closed-head injury. Dr. Provenza explained that the brain is gelatinous and moves freely inside of the skull. In an accident such as the one in which Ms. Thom was involved, there exists an acceleration/deceleration type of injury. The skull stops, but the brain continues to travel, effecting the frontal lobe. During the deceleration phase, the brain recoils back, causing occipital injuries. Dr. Provenza further explained that the frontal lobe of the brain controls various functions including alertness, emotion, and judgment.

On the second visit, Ms. Thom complained of posterior cervical pain, and intermittent numbness of both hands and feet. She had seen an orthopedist for her right knee and ankle. Dr. Provenza also referred her to an ophthalmologist for treatment of blurred vision. Dr. Provenza ordered an MRI, which was conducted on June 9, 1994. It showed some exaggeration of normal cervical lordosis, which [991]*991means cervical spasm. She did have a small disk problem due to a mild bulge on C6-7 and some posterior defects at 5-6 and 6-7. Dr. Provenza could not say for certain if |fithe cervical injuries were caused by the accident or were part of a degenerative process which pre-dated the accident. An Electroencephalogram (EEG) conducted showed normal results.

Other symptoms experienced by Ms. Thom included weakness in her grip, fatigue, sleeplessness, irritability, and subtle personality changes. Dr. Provenza stated that all of those symptoms were consistent with a closed-head injury.

Dr. Provenza’s diagnosis was that Ms. Thom had a concussion which he felt was resolved by August 23, 1994. He stated that there was no visual structurally evident injury to the brain. Thus, he could not confirm that she had any permanent injury to the brain. He did not refer Ms. Thom to a neuropsychologist or tó a psychiatrist for evaluation and treatment because he did not feel such referrals were necessary.

Plaintiff also presented testimony from Dr. Susan Andrews, a clinical neuropsy-chologist, who evaluated Ms. Thom shortly after the accident. Dr. Andrews testified that she took a complete medical history and performed a series of tests in her evaluation. She tested Ms. Thom in July, 1994 and then again in July, 1996. At the time of the first test, Ms. Thom was beginning to show signs of suffering from anxiety disorder and was having difficulty driving and sleeping. She also complained of problems with memory, attention and concentration. Dr. Andrews testified that Ms. Thom also had difficulties with word finding and speech sounds discrimination. She had obvious right-handed motor weakness. In her evaluation, Dr. Andrews concluded that Ms. Thom suffered a closed-head injury and needed rehabilitation and therapy. Other physical injuries which were evident to | fiDr. Andrews were pain in the shoulder, swelling and pressure at the site of the head injury, and knee and leg pain.

Dr. Andrews testified that she also reviewed Ms. Thom’s academic records and found that she had a particular ability in mathematics. She was very quick with figures in her head, an asset she used as a dealer at the Jubliee Casino. However, after the accident, the testing revealed that Ms. Thom had several areas of deficit activity in the frontal area of the brain. Specifically, she had difficulty with problem solving ability such as, conceptual reasoning, ability to shift from one area of thinking to another, or to change her behavior. The testing also showed some impairment of memory function and right motor strip function. Dr. Andrews stated that the results of her tests are consistent with a trauma and resulting hematoma of the frontal portion of the brain.

In the second test done two years after the accident, Dr. Andrews found that Ms. Thom had made significant improvement. Dr. Andrews explained that, given time, the brain will repair itself to whatever extent possible even without rehabilitation. Dr. Andrews opined that the results of both tests convinced her that Ms. Thom suffered brain damage in the accident.

Dr. Andrews further testified that, although she did show improvement on the second test, Ms. Thom still has some difficulty with mental arithmetic. She scored in the average to high average range in the second test. However, it cannot be determined how high she would have scored before the accident.

|7Pr. Andrews explained that the healing process in an injury like the one sustained by Ms. Thom takes about two years. Dr.

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Bluebook (online)
759 So. 2d 988, 99 La.App. 5 Cir. 1150, 2000 La. App. LEXIS 1022, 2000 WL 486119, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thom-v-benson-chevrolet-co-lactapp-2000.