Crisler v. American Motorists Ins. Co.

• Court: Court of Appeal of Louisiana
• Writing for the Court: GLADNEY
• Citation: Crisler v. American Motorists Ins. Co., 177 So.2d 187 (La. App. 1965)
• Decision Date: 16 June 1965
• Docket Number: No. 10406,10406
• Parties: Gertrude Merritt CRISLER et al., Plaintiffs-Appellants, v. AMERICAN MOTORISTS INSURANCE COMPANY et al., Defendants-Appellees.

Page 187

177 So.2d 187

Gertrude Merritt CRISLER et al., Plaintiffs-Appellants, v. AMERICAN MOTORISTS INSURANCE COMPANY et al., Defendants-Appellees.

No. 10406.

Court of Appeal of Louisiana, Second Circuit.

June 16, 1965.

Wellborn Jack, Wellborn Jack, Jr., Shreveport, for plaintiffs-appellants.

Bodenheimer, Looney & Jones, Shreveport, for defendants-appellees.

Before GLADNEY, AYRES, BOLIN, JJ.

GLADNEY, Judge.

Mrs. Gertrude Merritt Crisler and Mrs. Pearl Merritt Curry appeal from a judgment, with respect to quantum only, against the named defendants, Namon Hines, Lonestar Feed Company and American Motorists Insurance Company. The plaintiffs and their husbands were involved in an accident on March 15, 1962 on 70th Street in Shreveport. Mrs. Crisler, driving her Dodge automobile, stopped at the intersection of 70th Street with Line Avenue and while so stopped awaiting the change of a red signal light, her car was struck from the rear by a truck being operated by Hines, an employee of the Lonestar Feed Company, of which the American Motorists Insurance Company was the liability insurer. The judgment of the trial court awarded in favor of Mrs. Crisler and Mrs. Curry.$1000.00 and $250.00, respectively, on account of their personal injuries arising from the accident. The judgment also awarded special damages in favor of Oscar Milton Crisler, Jr. and Robert Benjamin Curry, the spouses of appellants. The latter have not appealed. Liability was conceded by the defendants and the object of the appeal is to secure an increase in the judgment in favor of Mrs. Chrisler to $10,000.00, and in favor of Mrs. Curry to $1,500.00.

Testifying with respect to the extent and duration of the injuries received by Mrs. Crisler were Doctors Joe E. Holoubek, an internist and diagnostician, Willis J. Taylor, orthopedic surgeon, and Frederick C. Boykin, neurosurgeon. Mrs. Curry was examined and treated by Dr. Holoubek and Dr. J. S. Bianca, a general practitioner.

Immediately after the accident Mrs. Crisler was examined by Dr. Holoubek at which time she complained of dizziness, some tenderness in the neck with motion, and a 'slipping' in her back. X-ray and clinical tests were negative and the doctor stated his findings were negative other than slight tenderness of the neck on motion. He have her sedatives and, when she continued to complain, he referred her to Dr. Willis J. Taylor. Mrs. Crisler was under the treatment of Dr. Taylor from March 15 through May 14, 1962 and...