Borde v. Travelers Ins. Co.

• Decision Date: 20 August 1973
• Docket Number: No. 4246,4246
• Citation: Borde v. Travelers Ins. Co., 281 So.2d 797 (La. App. 1973)
• Parties: Joseph BORDE et ux., Plaintiffs-Appellants, v. TRAVELERS INSURANCE COMPANY, Defendant-Appellee.
• Court: Court of Appeal of Louisiana

Page 797

281 So.2d 797

Joseph BORDE et ux., Plaintiffs-Appellants, v. TRAVELERS INSURANCE COMPANY, Defendant-Appellee.

No. 4246.

Court of Appeal of Louisiana, Third Circuit.

Aug. 20, 1973.

Payton R. Covington, Lake Charles, for

Payton R. Covington, Lake Charls, for plaintiffs-appellants.

Davidson, Meaux, Onebane & Donohoe by V. Farley Sonnier, Lafayette, for defendant-appellee.

Before HOOD, CULPEPPER and MILLER, JJ.

MILLER, Judge.

Plaintiffs Joseph Borde and his wife appeal seeking an increase in the trial court's award from $4,751.56 to $9,755.67. We affirm.

On September 8, 1970 Mrs. Borde was driving her 1968 Oldsmobile 98 on Parkerson Avenue in Crowley, Louisiana. Angle parking is permitted on that street and one of defendant Travelers Insurance Company's insureds negligently backed her Ford from a parked position and struck the right side of Mrs. Borde's Oldsmobile. The impact did not stop the slow moving Oldsmobile, but scraped along the side. Mrs. Borde braked her car to a stop after proceeding about 75 feet beyond the point of impact. In describing the accident, she related that she 'heard' the noise, but was not sure her car was involved until she looked back and saw some debris in the road which she thought came from her car. She then backed her car to look into the matter. The accident was investigated and Mrs. Borde disclaimed injury during the investigation. She returned to her employment as a legal secretary that afternoon.

Mrs. Borde was 27 years old at the time of the accident. She was 60 1/2 inches tall and was described as obese. In addition to being obese, she had bad posture. Both conditions existed prior to the accident. At the time of the accident she had a three year old child and about two months after the accident, she became pregnant. In April of 1971 she was threatened with a miscarriage, but the child was born after a normal term.

At the time of the accident and for several years prior thereto, Mrs. Borde was employed as a legal secretary. She was also employed as manager of the Southern Amusement Company movie theater in Crowley. For a year before the accident, Mr. Borde was unemployed, but he assisted his wife with her duties as theater manager.

Mrs. Borde missed three months work in both employments. During those three months she was hospitalized three separate times for a total of 19 days. It was not established that all symptoms treated during her hospitalization were related to the accident.

Her treating physician, a general practitioner, thought that she had recovered and was able to return to work by December 1970. He testified that because of her poor mechanical back, her obesity, and the injuries, he would expect her back troubles to have periods of exacerbations and remissions for the balance of her life. After December 1970, her treating physician next saw her in November 1971, and then on one or two more occasions shortly before trial. He related some of her continuous complaints to the September 1970 accident.

On October 12, 1970 Mrs. Borde was seen by an orthopedic surgeon of her choosing. He concluded that her lumbar and cervical strain symptoms 'have cleared and I do not believe that she will present any problem.' She never returned to this orthopedic surgeon.

Mrs. Borde's serious complaints of continued disability were verified by her husband and her sister. She returned to work as a legal secretary and worked from December 1970 until April of 1971 when she had the threatened miscarriage. Her employer verified that she looked like she was suffering while she was working, and that she had permission to take frequent rest breaks.

Another orthopedic surgeon examined Mrs. Borde about one year after the accident. He found physical...