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Hughes v. Scottsdale Insurance Co.8/22/2001
The plaintiff, Melba Louise Allen Hughes Bamburg, filed suit after being injured in an automobile accident. The jury assessed her with fifty percent of the fault and awarded her general damages of $5,000 and special damages of $10,000, both reduced by her percentage of fault. The trial court ordered her to pay the defendants' court costs. The plaintiff now appeals the jury's finding of fault and seeks an increase in the damages awarded. She also appeals the trial court's assessment of costs to her. After careful review of the record, we reverse the jury's assessment of fault to the plaintiff, amend the judgment to increase the amount of general damages awarded, and assess all costs of this proceeding to the defendants.
FACTS
At dusk on November 1, 1989, the plaintiff was traveling south on U.S. Highway 371 near Springhill when her vehicle struck the gin pole on the back of a log truck as it was executing a left hand turn while traveling north on the same highway. The log truck was being driven by Charles Jurls, who was returning home to Arkansas after having delivered a load of logs for his employer, Dewayne Lee, to the International Paper Company.
The plaintiff was transported by ambulance to a hospital in Springhill and then to Schumpert Medical Center in Shreveport where she was treated by Dr. George Beach, a neurosurgeon. The plaintiff complained of pain in the back of her neck extending down to the base of her neck and between her shoulder blades. Dr. Beach's initial impression was that she sustained a cervical strain. During her hospital stay, the plaintiff also complained of pain around her thorax, which Dr. Beach described as mid-dorsal pain radiating from the back to the front. All x-rays were negative. Her discharge diagnosis was cervical and thoracic strain. Upon release from the hospital, she was advised to stay off work for two weeks.
After her release from the hospital, the plaintiff stayed with her parents and did not return to work. She began experiencing headaches and tingling in her arms and legs and sought treatment from Dr. Donald R. Smith, a neurosurgeon, whom she saw on November 27, 1989 and January 5, 1990. Dr. Smith found some limitation in the plaintiff's cervical range of motion, but no neurological deficits. He concluded that she suffered a probable cervical strain and released her to return to full unrestricted activities as of January 8, 1990.
The plaintiff returned to her job at Standard Manufacturing on January 10, 1990. She worked on light duty for two or three days during which time she placed wires inside of air conditioner units. She passed out at work and did not return. However, she lost her job due to her failure to timely provide a doctor's excuse. She did not lose her job as a result of any medical condition.
On January 23, 1990, the plaintiff sought treatment from Dr. Baer Rambach, an orthopaedic surgeon. She complained of pain in her right shoulder and arm, pain in her neck, and intermittent headaches. There was tenderness in her upper and lower back. Dr. Rambach's impression was that the plaintiff's back and neck pain was secondary to contusions and myoligamentous strains in the cervical and dorsal spine. He recommended physical therapy. When he saw the plaintiff again on February 20, 1990 and March 20, 1990, her problems appeared to be resolving. However, the plaintiff reported an increase in symptoms during her next visit on June 26, 1990. The plaintiff also reported that she had undergone breast surgery and had contracted scarlet fever since her last visit. The breast surgery was performed on March 27, 1990, by Dr. John P. Valiulis, a plastic surgeon. Dr. Valiulis described the surgery as a co
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