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Lenard v. State Farm Mutual Automobile Insurance Co.4/20/2005
In this automobile accident with liability of the defendant admitted, the trial court found that the plaintiff had received injuries to his back and neck which caused persistent pain and discomfort through the time of trial some five years after the accident. The trial court awarded $55,000 in general damages and the defendant insurance company appeals. Finding no abuse in the trial court's award of general damages, we affirm.
Facts
On April 12, 1999, 61-year-old Lenard was driving his 1992 Toyota pickup truck south on La. Highway 837 in Calhoun, Louisiana. Lenard estimated that he was traveling about 50 miles per hour as he reached Claiborne Road. As he approached the intersection, a 1985 Ford Bronco driven by James Jordan pulled onto Highway 837. Lenard's truck struck the right front side of Jordan's vehicle. Both vehicles traveled about ten feet from the point of impact. Lenard recalled that the crash jammed his body between the door and the steering wheel of his truck and that his head and shoulder were "up in the cab of the truck." Lenard's vehicle was disabled and ultimately totaled by the insurance company.
When Louisiana State Trooper John Peters responded to the accident, firefighters from a nearby fire station were already checking the drivers for injuries. Jordan was not injured in the crash. On his accident report, Trooper Peters assigned Lenard an injury designation of "D" meaning "possible/complaint" of injury, although the trooper noted no visible injury to Lenard. Nevertheless, an ambulance responded to the accident and transported Lenard to Glenwood Regional Medical Center.
At the hospital, Lenard complained of pain in his head, neck and lower back. X-rays did not reveal any fractures but did show existing degenerative changes in his spine. Doctors prescribed a muscle relaxant and ibuprofen and released Lenard with instructions to return in one to two weeks if his symptoms persisted. Later on the day of the accident, Lenard returned to work in his shop but because he continued to hurt, he sought further medical attention. Lenard was referred to St. Francis Medical Center for an MRI which was negative for significant trauma. According to medical records, Lenard also had the affected areas in his body iced at Health First Therapy Clinic that day.
Lenard had some lower back pain prior to the accident in addition to other minor health problems, including arthritis, that were generally not painfully symptomatic. Lenard attributed his neck and upper back pain to the accident. As Lenard continued to have neck and back pain and migraine headaches over the next two months, he returned to Health First twenty four times for heat, traction and trigger point therapy. He also underwent a nerve conduction study at Glenwood on June 17, 1999, which revealed normal results. Another x-ray on June 21, 1999, revealed only degenerative changes in his spine -- likely related to aging -- and no acute injury.
On July 22, 1999, Lenard commenced physical therapy. He also began seeing an orthopedic surgeon, Dr. John Ward. Dr. Ward's records from that time are not contained in the record; however, his deposition testimony was presented at trial. Lenard was discharged from physical therapy after approximately one month for lack of progress; he reported fewer but still severe headaches and only temporary pain relief from therapy.
Lenard subsequently commenced chiropractic care at the Mayfield Chiropractic Clinic on August 23, 1999, and underwent spinal manipulation and other physiotherapy through the summer of 2002. The testimony of Lenard's chiropractor, Dr. Bobbi Wiegand, was presented to the trial court, and she described the injuries
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