Vidrine v. Keller

541 So. 2d 940, 1989 La. App. LEXIS 511, 1989 WL 26178
CourtLouisiana Court of Appeal
DecidedMarch 15, 1989
DocketNo. 88-CA-747
StatusPublished
Cited by1 cases

This text of 541 So. 2d 940 (Vidrine v. Keller) 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
Vidrine v. Keller, 541 So. 2d 940, 1989 La. App. LEXIS 511, 1989 WL 26178 (La. Ct. App. 1989).

Opinion

DUFRESNE, Judge.

Plaintiff Tamey Vidrine appeals a judgment in which she was awarded damages for injuries she received in a collision with defendant Joseph E. Keller. Liability was stipulated to by defendant and his insurer, State Farm Mutual Automobile Insurance Company.

On appeal plaintiff asserts the trial judge was clearly wrong in finding that some of plaintiff’s medical treatment and expenses were not related to the accident. Further, she contends the trial judge committed manifest error in concluding a subsequent accident to the one at issue was a superced-ing or intervening cause of her injuries. Finally, plaintiff claims the award of $5,000 is inadequate based on the evidence.

The undisputed facts show plaintiff was proceeding westward on the Westbank Expressway in Marrero, Louisiana, on March 14, 1986, when her vehicle struck a car driven by defendant Joseph Keller which suddenly pulled out in front of her. Keller was traveling south on Garden Road at the time and failed to yield to plaintiffs right-of-way.

Liability was stipulated to by defendants, thus at trial the sole issue was quantum. Following the judge trial held on March 13, 1988, a judgment was rendered in plaintiffs favor in the amount of $3,000 for her special damages, and $2,000 for general damages.

In his reasons for judgment the trial judge found that plaintiff suffered soft tissue injuries in the collision, but refused to award damages for her claimed psychological injuries. He concluded only $3,000 of the authenticated medical expenses of $4,696.80 were attributable to the accident, the remainder being attributable to her psychological treatment. He further concluded she was only entitled to $2,000 in general damages because she “did not tell Dr. Parker of a second accident which may have contributed to her problems.”

On appeal, plaintiff first contends she proved her entitlement to damages for post-traumatic stress syndrome by a preponderance of the evidence. In this regard she points to the testimony of the various physicians who treated her, the fact she had never previously suffered functionally debilitating anxiety and the chronology of her difficulties commencing with the accident.

The record shows plaintiff was treated at the Avenue C Clinic the day after the accident, where she was diagnosed as having sustained a contusion to her right shoulder. She was told to put heat on the injury, and was given a muscle relaxant and pain medication.

A week after the accident, plaintiff suffered severe heart palpitations and shaking after retiring to bed. She went to the emergency room at West Jefferson Hospital where she was kept for observation and referred to Dr. Frederick Kushner and Dr. Claude Nesser, two heart specialists. The findings for heart involvement were negative, but she was given a prescription for Valium. Dr. Nesser felt her symptoms were due to anxiety. Dr. Kushner, however, could not relate her anxiety with any certainty to either the accident or other factors.

In the meantime, on March 20, 1986, plaintiff began seeing Dr. C.J. Ganucheau for back and right hip pain. She also saw Dr. Gordon Nutik on May 22 and May 30, 1986, for those complaints which were finally resolved by June 1986. Both doctors noted her complaints of panic attacks and anxiety which she related to the accident. Dr. Ganucheau stated she “obviously has exacerbated claustrophobia and acrophobia.”

In April, 1986, plaintiff went to her family physician, Dr. A. Mark Parker. Dr. Parker had treated Mrs. Vidrine for 12 years prior to the accident. Although his special[942]*942ty was obstetrics and gynecology, plaintiff went to him for occasional bouts with colds, etc. He described her on April 15, 1986 as being nervous, having difficulty swallowing and suffering from stomach upsets. He prescribed Butasol and Donatol for her and told her to decrease her consumption of stimulants and to cut down on her smoking. After following his advice she returned on May 9,1989, with the same problems, as well as her first complaints about her hip. He suggested she seek counseling for her anxiety and referred her to an orthopedist for the hip problem.

Dr. Parker next saw plaintiff on January 27, 1987, at which time she continued to complain about anxiety. This continued throughout following visits in August and September, 1987 and January and February, 1988. During that time she underwent a tubal ligation and was still on medication for her anxiety (Equinol and Valium). In February, 1988, Dr. Parker had a long discussion with plaintiff about her continuing emotional symptoms.

Dr. Parker unequivocally attributed plaintiffs anxiety, as well as her back and hip problem, to the accident. He testified that she did not suffer from such complaints prior to the accident and stated he noticed personality changes due to the continuing anxiety.

On January 23, 1987, plaintiff went to a clinical psychologist for treatment of her anxiety. The psychologist, Nancy Ru-mage, saw plaintiff only once, for three hours, during which time she was given personality tests. Ms. Rumage concluded that plaintiff has a passive-aggressive personality with underlying hysterical components. She could not give an opinion as to the validity of plaintiffs claim of post-traumatic stress syndrome, but stated her problem areas could be aggravated and exacerbated by stress.

Dr. Steve Taylor, a psychiatrist, testified that he first saw plaintiff on May 29, 1987. She was thereafter seen by his social worker or counseled by telephone until October, 1987. At the time he first saw plaintiff, he stated he was forced to meet her in the lobby of his building, because his office was located on the 39th floor and she was unable to use the elevator. He stated plaintiff exhibited a number of phobic and aerophobic symptoms, i.e. cannot drive during rush hour, or when it rains; sometimes cannot cross the Greater New Orleans Bridge; cannot shop alone; cannot tolerate crowds or closed areas.

Dr. Taylor stated the symptoms that precipitated plaintiffs hospitalization the week after the accident were classic post-traumatic stress syndrome symptoms. He further explained that her panic attacks (feeling of faintness, lightheadedness, heart palpitation and shaking) are common to this disorder and can be set off by pressure. Based on plaintiffs history, his examination of her medical records and a letter he received from Dr. Parker excluding prior emotional problems, he believed the disorder was caused by the accident. He stated in conclusion that plaintiffs prognosis for recovery is good.

Plaintiff and her husband both testified to the effect the dysfunction has had on plaintiff. Plaintiff stated she began suffering from episodes of shaking in bed before going to sleep right after the accident and that those episodes continued for two months. Mrs. Vidrine further stated she began suffering panic attacks (feeling faint, lightheaded, shaking) shortly after the accident and that she could no longer tolerate closed spaces. On the day she was hospitalized for her heart palpitations, she stated she had eaten pizza, had three Coca-Colas and smoked approximately 1¾⅞ to 2 packs of cigarettes. She noted the intake of those items was not unusual for her.

Mrs. Vidrine admitted on cross-examination that she suffered from a mild fear of heights, of the dark and of “getting fat” prior to the accident. However, she indicated the claustrophobia was a new fear and was so severe she was unable to remain in a store long enough to purchase anything.

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Bluebook (online)
541 So. 2d 940, 1989 La. App. LEXIS 511, 1989 WL 26178, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vidrine-v-keller-lactapp-1989.