Vines v. Wood

785 So. 2d 126, 2001 WL 322774
CourtLouisiana Court of Appeal
DecidedApril 4, 2001
Docket34,555-CA
StatusPublished
Cited by10 cases

This text of 785 So. 2d 126 (Vines v. Wood) 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
Vines v. Wood, 785 So. 2d 126, 2001 WL 322774 (La. Ct. App. 2001).

Opinion

785 So.2d 126 (2001)

Harvey W. VINES, Jr., Plaintiff-Appellant,
v.
Marci Leigh WOOD and Federated Mutual Insurance Company, Defendants-Appellees.

No. 34,555-CA.

Court of Appeal of Louisiana, Second Circuit.

April 4, 2001.

*127 Steven L. Rushing, Longview, Counsel for Appellant.

Cook, Yancey, King & Galloway by Sidney E. Cook, Jr., Shreveport, Counsel for Appellees.

Before STEWART, PEATROSS and KOSTELKA, JJ.

STEWART, J.

At issue in this appeal by the plaintiff, Harvey W. Vines, is the adequacy of the damages awarded by the jury for injuries sustained by Vines in an automobile accident. Vines argues that the jury erred in failing to award the full amount of medical expenses incurred, in granting an abusively low award for past pain and suffering, in granting an inadequate award for future medical expenses, and in failing to award *128 damages for future pain and suffering. For the reasons set forth herein, we amend the trial court's judgment to include the full amount of medical expenses incurred by Vines and to increase the award of general damages. We affirm the remainder of the judgment awarding future medical expenses.

FACTS

On December 24, 1997, while returning to his home in Jefferson, Texas at approximately 1:30 a.m., after an evening at the Casino Magic in Bossier City, Louisiana, Vines was involved in an automobile accident. The accident occurred on Interstate 20 in the area of Greenwood, Louisiana, near the state line. Vines was driving a borrowed 1984 LTD and traveling in a westerly direction in the right lane of travel. A vehicle driven by the defendant, Marci Leigh Wood, cut in front of Vines from the left lane and impacted the front end of his vehicle. The impact caused both vehicles to leave the roadway. Vines' vehicle spun around and slid sideways down an embankment until it came to rest across a concrete drainage ditch. Woods' vehicle came to rest some distance ahead near some trees. Damage to the vehicle driven by Vines included a bent fender and a hanging bumper. The vehicle was totaled.

Following the accident, Vines exited his vehicle without assistance. He did not require an ambulance. No injury was reported to the investigating officer. However, Vines testified that he told the officer that his neck was hurting. During the day following the accident, Vines began to experience pain in his lower back, at which time he sought medical assistance at the Good Shepherd Medical Center in Longview, Texas. Vines reported to the treating physician his involvement in the automobile accident and his medical history. Vines is a diabetic and has had a partial amputation of his left foot due to related vascular problems. He was disabled prior to the accident at issue. The treating physician, Dr. Gregg Harrington, diagnosed Vines with multiple sprains and contusions, prescribed medications for pain, and ordered x-rays which showed chronic spondylosis at L5-S1. Vines was referred to Dr. Harold L. Bolnick for follow-up treatment. Vines returned to Good Shepherd again on December 31, 1997, complaining of lower back pain and seeking more medication since he would be unable to see Dr. Bolnick until January 12, 1998. His discharge diagnosis was acute lumbar strain and spasm.

Thereafter, Vines began treatment for his lower back pain under Dr. Bolnick, who is board certified in anesthesia and pain management. Dr. Bolnick ordered an MRI which showed bilateral foraminal stenosis and some hypertrophic changes at L4-5 and L3-4. Medications for pain and inflammation were prescribed along with muscle relaxants and sleep aides. Dr. Bolnick also recommended physical therapy. From January 15, 1998 through March 16, 1998, Vines attended seventeen physical therapy sessions. The physical therapy discharge summary of March 16, 1998 indicates that Vines made significant progress. He was no longer experiencing pain with rest or activity, he had a normal gait and posture, he had full range of motion, and he had no tenderness upon palpitation. During the course of his treatment under Dr. Bolnick, Vines also underwent three epidural steroid injections on March 2, 1998, November 19, 1998, and January 18, 1999. At the time of trial, Vines was still under Dr. Bolnick's care.

Vines' claim for damages against Wood was tried before a jury on March 24, 2000. The parties stipulated the amount of medical expenses ($13,099.47) submitted by *129 Vines; however, Wood did not stipulate that the expenses were all incurred as a result of injuries sustained by Vines in the accident. There was no dispute as to the issue of Wood's liability. Accordingly, the trial court granted a directed verdict in favor of Vines on that issue. Vines' own testimony and the deposition of Dr. Bolnick were presented in support of his claim.

Vines testified regarding the events related above. Additionally, he testified that he did not recall any part of his body hitting the interior of the vehicle during the accident. Contrary to the good result indicated on the physical therapy discharge summary, Vines testified that physical therapy did not help his condition. He reluctantly admitted on cross-examination to refusing further physical therapy and chiropractic care when offered by Dr. Bolnick. Vines testified that he did not have the money to buy gas for the eighty mile round trip required to attend therapy. He also testified that he did not believe in chiropractic care. Vines stated that the epidural injections relieved his symptoms for only a few days. He asserted that all of his visits to Dr. Bolnick were scheduled because of his ongoing back pain, but he admitted that he was sometimes treated for additional problems during these visits. However, he related the additional problems to effects from medications prescribed by Dr. Bolnick. Vines testified that he has experienced pain mainly in his lower back with tingling sensations down his legs over several months.

Vines stated that he is no longer able to get around very much. However, he also admitted that, prior to the accident, he generally sat around and watched television. He occasionally went to the casinos to play slot machines, but he claims that he has not frequented these establishments as much since the accident. At the time of the accident, Vines lived alone. Although he has two children, he was not certain of their whereabouts.

Dr. Bolnick testified that Vines' initial complaint was lower back pain with decreased activity. Vines claimed that the pain began following the automobile accident. Dr. Bolnick would not say that Vines' lower back pain more probably than not resulted from the accident. However, he also stated that Vines' symptomology has been consistent from his initial visit and that he has no reason to dispute the history related by Vines. Dr. Bolnick reviewed his treatment of Vines. His testimony indicated that Vines experienced a decrease in pain around March and April of 1998, at which time his pain level was a one on a scale of one to ten. This was followed by an increase in pain over the next few months. A second epidural was scheduled for November 1998, because Dr. Bolnick believed that Vines had a positive response to the first one. However, in Dr. Bolnick's estimation, the second epidural was not as effective. Vines remained symptomatic. A third epidural was administered in January 1999. By March 1999, Vines condition had leveled off. Dr. Bolnick referred Vines to a neurosurgeon for a consultation; however, Vines was not found to be a candidate for surgery. With regard to Vines' future condition, Dr.

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Cite This Page — Counsel Stack

Bluebook (online)
785 So. 2d 126, 2001 WL 322774, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vines-v-wood-lactapp-2001.