Court: Louisiana Court of Appeal; September 23, 1998; Louisiana; State Appellate Court
In the case concerning damages from a rear-end automobile collision, plaintiffs Elizabeth and Mr. Vanderkooi appeal for an increased award following a jury verdict. The jury awarded Elizabeth $20,000 in general damages and $11,649 for past medical expenses, with a credit of $10,682 from defendants, resulting in a net special damage award of $967. The Vanderkoois seek higher general damages for Elizabeth, future medical expenses, and a loss of consortium award for Mr. Vanderkooi. The court finds no clear abuse of discretion by the jury and affirms the verdict.
Elizabeth Vanderkooi, 34, suffered chronic neck, back, and shoulder pain from the accident, which also led to headaches, insomnia, and fatigue linked by doctors to her injuries. Additional conditions, left hip bursitis and carpal tunnel syndrome, were not causally related to the collision. Following the accident in February 1995, her symptoms worsened despite chiropractic treatment and various therapies. By May 1995, she was diagnosed by a rheumatologist with a “fibromyalgia-like syndrome,” although she did not meet the full criteria for fibromyalgia.
Throughout her treatment, which included multiple visits from 1995 to 1997, Elizabeth exhibited variable numbers of trigger points indicating chronic pain but had no disc abnormalities as per MRI scans. Despite persistent pain, she maintained her full-time job as an administrative assistant for about a year post-accident, missing work only for medical appointments. She reported working slower and experiencing pain but did not take time off due to her condition.
A part-time clerical worker observed that Mrs. Vanderkooi appeared to be in pain after her accident, although she did not specify any tasks she was unable to perform. In September 1995, Mrs. Vanderkooi reported to Dr. Pressly persistent upper back pain that affected her sleep and described a hectic schedule that left her with minimal relaxation time. Dr. Pressly advised her to engage in regular exercise and pursue hobbies to alleviate stress, which he reiterated during follow-up visits. Although walking was a pre-accident hobby, she reported that her walks became shorter and less frequent due to aggravating her back pain.
In early 1996, Mrs. Vanderkooi became pregnant with her second child and ceased taking prescription medications, relying only on Extra Strength Tylenol for pain relief. She continued to see Dr. Pressly less frequently, with an increasing number of trigger points reported in her neck, back, and shoulders. Dr. Pressly suggested that hormonal changes during her pregnancy might have helped her manage pain without medication. While she experienced some relief during pregnancy, she still described fluctuations in her condition.
Mrs. Vanderkooi lost her job around the time of her pregnancy for reasons unrelated to the accident. Her decreased activity initially improved her condition, but she later undertook a long car trip to Wisconsin while eight months pregnant, despite having informed her doctors that prolonged sitting exacerbated her pain. She used a special cushion and took breaks to walk during the journey. Following a minor car incident while in Wisconsin, she reported no negative effects from the impact.
In July 1997, shortly before trial, she and her family traveled again to Wisconsin, during which she reported increased pain due to the long drive, stress from returning to work, trial preparation, and managing family responsibilities alone while her husband was overseas. Mrs. Vanderkooi consistently reported to Dr. Pressly that her pain disrupted her sleep, worsened by her responsibilities as a new mother. Despite her child beginning to sleep through the night, her sleep disturbances persisted, which Dr. Pressly attributed to her chronic pain.
Mr. Vanderkooi provided videotaped testimony during the August 1997 trial while on military assignment. He confirmed his wife’s claims that her accident-related pain disrupts her sleep and hampers her ability to interact with their children. Since the accident, Mr. Vanderkooi has assumed greater responsibility for household chores, although his wife continues to manage cooking and ironing. He noted a decline in their physical intimacy since the accident, stating they are intimate only two to three times a week compared to nearly every day previously.
Dr. Pressly testified regarding Mrs. Vanderkooi's ongoing symptoms related to fibromyalgia-like conditions, indicating that while her medications provide some relief, they do not fully eliminate her issues. Although she is not considered “disabled,” her condition is expected to limit her capacity for physical activity and mental stress. Dr. Pressly anticipates no significant improvement until she reaches ages 60-65. At the time of the trial, she was 37 years old. To manage her condition, Mrs. Vanderkooi will need ongoing medication and at least four annual doctor visits for the next 20-plus years, leading to estimated future medical expenses between $71,700 and $87,300.
Additionally, Mrs. Vanderkooi did not disclose two prior automobile accidents from 1984 to Dr. Pressly when providing her medical history, despite her internist, Dr. Biekham, being aware of them. These accidents had previously led to complaints of neck and shoulder pain, and Dr. Pressly regarded any past trauma as a critical factor in assessing her condition. Mrs. Vanderkooi, however, claimed not to recall her previous neck pain aside from the 1984 incidents.
Mrs. Vanderkooi testified that she had fully recovered from prior neck and shoulder injuries before a 1995 accident. She had ongoing treatment with Dr. Biekham from 1986 to 1988 for unrelated medical issues without reporting further neck or shoulder complaints. After moving to California in 1990, she did not seek treatment for these issues until August 1994, when she returned to Louisiana, presenting with chest and abdominal pain. No medical records from her time in California were provided. After the 1995 accident, she described her pain as significantly worse than after a previous 1984 accident, claiming it drastically affected her daily life.
Despite the low speed of the 1995 collision (no more than 5 mph), she characterized the impact as severe. At the accident scene, she informed both Sewell and a police officer of her back pain but declined emergency medical help. Sewell claimed he only asked if she was okay and denied hearing her mention back pain.
The jury awarded Mrs. Vanderkooi her past medical expenses but no future medical expenses or loss of consortium. They granted $20,000 in general damages, which included both past and future damages. The jury's decisions were supported by the evidence, which suggested that some of her complaints may not have been directly related to the accident and could stem from pre-existing conditions or the demands of being a working mother. The jury also found her characterization of the impact on her life as exaggerated, which undermined expert opinions regarding her future medical needs. The judgment was affirmed, with no abuse of discretion found in the jury's awards.
