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Square v. LeBlanc6/1/2005
Court composed of Glenn B. Gremillion, Billy Howard Ezell, and James T. Genovese, Judges.
AFFIRMED.
Janis Square appeals a jury verdict awarding her $19,000 for an automobile accident. Asserting several legal errors, Square claims that her damages should be increased or, in the alternative, Square claims the jury verdict should be reversed and the case remanded to the trial court for a new trial.
FACTS
On January 7, 2000, Square was stopped at a red light in the City of Lafayette at the intersection of Cameron Street and West University Avenue. Directly behind her was a vehicle driven by Majorie LeBlanc. LeBlanc explained that her foot slipped off the brake and she ran into Square's vehicle.
Corporal Don Thibodeaux, a police officer with the City of Lafayette Police Department, investigated the accident. He happened to be in the unique position of having his vehicle positioned behind LeBlanc's vehicle, also stopped for the red light when the accident occurred. He testified that LeBlanc was stopped before the accident, LeBlanc's vehicle seemed to move forward, and he heard no audible evidence of a collision.
Prior to this accident, Square had been involved in another accident on January 29, 1999, in which she was also rear-ended. She suffered a herniated disc in her neck which required surgery in August 1999. Her surgery was performed by Dr. Luiz de Araujo, a neurosurgeon, who last saw Square before the accident at issue on December 15, 1999. He planned to release Square to full-duty work if she kept progressing. Dr. de Araujo received a call from Square on January 7, 2000, informing him of her recent accident. Square was concerned because she had a strain in her neck muscles where she had surgery a few months before. On February 2, Square complained of lower back pain.
While Square's neck strain resolved with no further problems, an MRI on February 8, 2000, indicated a small central disc herniation at L5-S1. Dr. de Araujo advised her to continue physical therapy and also referred her to Dr. Joseph Gillespie, an anesthesiologist who provides chronic pain management.
Square began treatment with Cheryle Troxclair, a physical therapist, on January 20, 2000. On January 21, Square was reporting pain at her sacrum. By February 4, the low back pain had worsened and was radiating into the right lower extremity to the foot.
Dr. Gillespie saw Square on March 30, 2000. He noted complaints of lower back pain, which was primarily right-sided with some bilateral foot and calf pain. He injected the S1 joint.
On April 1, 2000, Square was traveling out-of-town, when she lifted her forty-five pound son into the car. Square testified that her back gave out and she experienced excruciating pain. She went to Sherman, north of Dallas, and sought treatment in the Wilson N. Jones Medical Center emergency room. When she returned home, Square went to see Dr. Gillespie on April 4.
Dr. Gillespie noted increased left leg pain. He observed that there was a significant change from Square's previous visit. Dr. Gillespie saw Square one final time and attempted an epidural treatment.
Another MRI was performed on April 4, 2000. The MRI now indicated a large ventral and left paracentral disc herniation at L5-S1 with posterior displacement of the left S1 nerve root. Dr. Vidyadhar Akkaraju, a radiologist, testified that there were no changes in the right-sided component of the disc. He also stated that there was no indication of a left-sided component on the earlier February 8 MRI. Although Dr. Akkaraju classified this as a progression from the first MRI, he did testify that something hap
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