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Lowery v. Savana5/10/2000
criminal proceedings.
While a plaintiff may recover past medical expenses which are incurred as the result of an injury , she must prove that, more probably than not, medical treatment was necessitated by trauma suffered in the tort. When a plaintiff alleges that she has incurred medical expenses and that allegation is supported by a bill, unless there is sufficient contradictory evidence or reasonable suspicion that the bill is unrelated to the accident, it is sufficient to support the inclusion of that item in the judgment. Rowsey v. Jones, 26,823 (La. App. 2d Cir. 05/10/95), 655 So. 2d 560; Este' v. State Farm Ins. Co., 96-99 (La. App. 3rd Cir. 07/10/96), 676 So. 2d 850; White v. Longanecker, 93-1122 (La. App. 1st Cir. 05/23/94), 637 So. 2d 1213, writ denied, 94-1704 (La. 10/07/94), 644 So. 2d 640; Landry v. City of Abbeville, 625 So. 2d 655 (La. App. 3d Cir. 1993), writ denied, 93-2820 (La. 01/28/94), 630 So. 2d 789.
Moreover, although a plaintiff may ordinarily recover reasonable medical expenses, past and future, which she incurs as a result of an injury , she must prove the existence of the injuries and a causal connection between the injuries and the tort. The test is whether plaintiff has shown through medical testimony that more probably than not the subsequent medical treatment was necessitated by the trauma suffered in the tort. Gardner v. Griffin, 97-379 (La. App. 1st Cir. 04/08/98), 712 So. 2d 583; White, supra; Jaffarzad v. Jones Truck Lines, Inc., 561 So. 2d 144 (La. App. 3d Cir. 1990), writ denied, 565 So. 2d 450 (La. 1990).
The jurisprudence requires more proof than the plaintiff's uncorroborated testimony to establish past medical expenses. Here, Lowery's testimony regarding her past medical expenses is not only unsupported by any medical evidence, such as bills or physicians' testimony, but also fails to establish a causal relationship between the claimed expenses and the battery. Under these circumstances, we cannot find this testimony sufficient to qualify as adequate proof of Lowery's past medical expenses. Accordingly, it will be necessary that we reverse those portions of the judgment awarding $5,133 in past medical expenses and granting Savana's corresponding credit for those medical expenses previously paid to Lowery. Nevertheless, our partial reversal of the present judgment in no way affects Lowery's right to adequate compensation by Savana for these medical expenses through any other adjudication not presently before this court.
Conclusion
For the foregoing reasons, we affirm that portion of the judgment in favor of Lowery and against Savana for the sum of $40,000, and reverse those portions of the judgment which awarded Lowery $5,133 in past medical expenses and granted Savana's corresponding credit against those medical expenses paid through June 1999. Costs of this appeal are assessed against Savana.
JUDGMENT AFFIRMED IN PART; REVERSED IN PART; RENDERED.
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