 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Dufrene v. Carter11/29/2005
from Louisiana's Secretary of State indicating defendant's agent for service of process, three pay stubs from Family Dollar, plaintiff's affidavit, and plaintiff's medical records.
The medical records offered into evidence include medical bills, operating room nurses notes, physician progress notes, letters, and reports (visit, status, operative, and laboratory). While there are copies of brief letters from plaintiff's physician, there are no sworn narrative reports.
Plaintiff contends that, pursuant to La. R.S. 13:3714, the medical records are, as a matter of law, prima facie proof of their contents. We disagree. La. R.S. 13:3714provides, in pertinent part, "that the party against whom the bills, medical narrative, chart, or record is sought to be used may summon and examine those making the original of the bills, medical narrative, chart, or record as witnesses under cross-examination." (emphasis added). Reference is made in the statute to atrial and not to confirmation of a default. La. R.S. 13:3714 contemplates a trial and, as we read the statute, it does not pertain to default judgment cases. Rather, La. C.C.P. 1702(D) specifically deals with default matters. While La. R.S. 13:3714 is a general statute, La. C.C.P. 1702(D) is a specific statute. Where two statutes deal with the same subject matter, they should be harmonized if possible; however, if there is a conflict, the statute specifically directed to the matter at issue must prevail. Filson v. Windsor Court Hotel, 04-2893 (La. 6/29/05), 907 So.2d 723; Bell v. Kreider, 03-300 (La.App. 5 Cir. 9/16/03), 858 So.2d 58, writ denied, 03-2875 (La. 1/9/04), 862 So.2d 986.
Plaintiff is required to establish not only the quantum of her damages but also the causal connection between her injuries and the accident. Hall v. Folger Coffee Co., supra. To establish this causal connection, she must introduce competent evidence establishing that it is more probable than not that the injuries were caused by the trauma suffered in the accident. Id. It is clear that plaintiff failed to offer either a sworn narrative report or testimony of her treating physician to establish her case.There simply was no compliance with La. C.C.P. art. 1702(D).
This Court has found such evidence to be insufficient to comply with the codal requirements for a default judgment. Ventola v. Hall, supra; Arias v. State Farm Mut. Auto. Ins. Co., 98-978 (La.App. 5 Cir. 3/10/99), 734 So.2d 730; Campbell v. Kendrick, 556 So.2d 140 (La.App. 5 Cir. 1990).
Because of lack of competent medical evidence we conclude that plaintiff failed to establish a prima facie case supporting an award of $278,723 plus legal interest and costs.
Accordingly, we reverse and set aside the default judgment in favor of plaintiff.
We remand this matter for further proceedings.
REVERSED; SET ASIDE; AND REMANDED
Page 1 2 3 Louisiana Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|