Court: Louisiana Court of Appeal; February 29, 2000; Louisiana; State Appellate Court
Wilbert Wilson appeals a judgment awarding him $2,500 for damages resulting from an automobile accident in which he was a passenger. The incident occurred on December 4, 1996, involving a vehicle operated by Dora Fountain. Wilson initially felt soreness in his knees but did not seek treatment until later that evening when he developed shoulder pain. He filed suit against Fountain and her insurer in May 1997, and the court found Fountain solely negligent for the accident, which caused minimal vehicle damage and resulted in only short-term soft tissue injuries for Wilson. Wilson claims ongoing shoulder issues warrant a higher damage award, including future medical expenses and lost wages. However, the appellate court, emphasizing the trial court's broad discretion in assessing damages, finds no clear error in the original award. It notes that general damages are subjective and vary widely, and only significant evidence of an abuse of discretion would warrant altering the award. The court affirms the judgment, stating that the evidence supports the trial court's findings, including Wilson's treatment and recovery timeline.
Dr. Tarvin treated Wilson for neck injuries from a March 1997 automobile accident but asserted that this accident did not worsen Wilson's shoulder condition. Dr. Austin Gleason first evaluated Wilson on January 22, 1997, diagnosing him with rotator cuff syndrome linked to a December 1996 accident, based on Wilson's account. On a follow-up visit on February 4, 1997, Wilson reported improvement, indicating his shoulder was healing. Dr. Gleason did not see Wilson again until January 28, 1998, when Wilson reported renewed pain and popping in his shoulder. X-rays indicated calcification, which Dr. Gleason noted could be trauma-induced but might have existed before the December accident. He acknowledged that Wilson's job could contribute to rotator cuff issues. Following this, Wilson did not pursue further medical treatment.
At the defendants' request, Dr. Gordon Mead conducted an independent medical examination, concluding the calcification was likely pre-existing and not causing significant issues. He found no objective evidence to support Wilson's claims of pain and did not recommend further treatment. The trial court determined that Wilson suffered soft tissue injuries but awarded only $2,500, indicating it believed the pain was temporary and unrelated to the December accident. The court also found that Wilson's alleged injuries likely resolved shortly after the accident.
Wilson contested the court's decision to award medical expenses for Dr. Gleason's January 1998 visit while denying general damages. The court's ruling was deemed consistent with legal precedent, allowing for diagnostic evaluations even if the pain was not linked to the accident. Without evidence of bad faith, the defendants were responsible for these medical costs. The court rejected Wilson's claims for long-term lost wages and future medical expenses, affirming that his injuries were temporary. The judgment was affirmed at Wilson's expense. Additionally, the court noted a typographical error regarding the date of Wilson's first visit to Dr. Gleason, clarifying that it was indeed in January 1997.
