Jordan v. Travelers Ins. Co.

• Decision Date: 02 February 1970
• Docket Number: No. 7880,7880
• Citation: 231 So.2d 678
• Parties: Joseph H. JORDAN, Plaintiff-Appellant, v. The TRAVELERS INSURANCE CO. et al., Defendants-Appellees.
• Court: Court of Appeal of Louisiana — District of US

Page 678

231 So.2d 678

Joseph H. JORDAN, Plaintiff-Appellant, v. The TRAVELERS INSURANCE CO. et al., Defendants-Appellees.

No. 7880.

Court of Appeal of Louisiana, First Circuit.

Feb. 2, 1970.

Rehearing Denied March 9, 1970.

Ronald A. Curet, Hammond, for appellant.

Duncan S. Kemp, III, Hammond, for appellees.

Before LANDRY, SARTAIN and ELLIS, JJ.

SARTAIN, Judge.

In this opinion we are not concerned with liability. The trial judge found that the accident giving rise to this litigation was the result of the negligence of an employee of one of the defendants. Accordingly, the issue before us is one of causation, that is whether or not the accident caused injuries to plaintiff to the extent claimed by plaintiff.

In his petition, plaintiff alleged that as a result of the accident he had sustained an organic brain syndrome consisting of a number of items, principally post-traumatic psychosis which resulted in very serious psychiatric disorders. He also alleged that he had sustained a severe cervical neck sprain (whiplash).

The trial judge found that the proof adduced by plaintiff in support of the alleged injuries was only sufficient to prove that the whiplash injury was the result of the accident. Accordingly, he awarded plaintiff the sum of $6,500 for personal injuries and $2,236 .16 for special damages. Plaintiff has appealed devolutively and urges that the trial judge erred in failing to hold that the post-traumatic psychosis and resulting mental difficulties were caused by the accident. Defendants answered the appeal contending that the award of $6,500 for the type of whiplash injury sustained by plaintiff is excessive. Defendants also complained about the award of special damages.

We are of the opinion that while the trial judge was correct in finding that the whiplash injury was the result of the accident, he committed manifest error in holding that plaintiff had failed to prove that the serious psychiatric disorders were also the result of the accident.

The accident which precipitated this litigation occurred at approximately 12:55 P.M. on April 23, 1965 in Hammond, Louisiana, at the intersection of U.S. Highway 51 and West Church Street. Plaintiff was driving his vehicle in a southerly direction on U.S. Highway 51 and was struck from the rear by a Coca-Cola truck as plaintiff applied his brakes preparatory to stopping for a red light at the intersection.

It is not necessary that we discuss separately the contention raised by defendants in their answer that the award of $6,500 for the whiplash injury is excessive. As stated above, we are of the opinion that plaintiff also sustained serious mental residuals as a result of the accident. These mental disorders manifested themselves while plaintiff was being treated for and before he had actually recovered from his whiplash injury. Under these circumstances we deem it wiser not to make separate awards for each type of injury but to consider the totality of plaintiff's injuries and make one award therefor. We will, however, discuss the question of specials at a point later in this opinion.

The disposition of cases pertaining to mental residuals, whether involving a psychosis or a neurosis, is usually difficult and the instant matter is no exception. There are, however, several factors in the case at bar which bear heavily on the result reached by us. One such factor is that prior to the accident plaintiff, though sixty years of age, was an active and productive individual. He was a journeyman carpenter and followed this trade regularly. In addition, he assisted his wife in the operation of a retail bakery business. He was a typical family man, assisted his wife in the rearing of her children by a previous marriage and their own young daughter. The one exception to an otherwise perfect health picture is that on one occasion three years previously, he thought he had heart trouble and applied for social security retirement benefits. These benefits were denied him on the basis of a negative report from his then attending physician. There is not one scintilla of lay evidence in this record to give he slightest indication that plaintiff would ultimately suffer the mental residuals which began to manifest themselves shortly after the accident. The lay testimony as to plaintiff's prior good health, home life and work habits remains undisputed.

Before we consider the testimony and diagnoses of the doctors, it may be helpful if we list the dates and places of plaintiff's hospitalization, starting with the date of the accident on April 23, 1965. He was first taken to Lallie Kemp Charity Hospital in Independence. Shortly after he arrived there he was met by his wife who moved him to the Seventh Ward General Hospital in Hammond, Louisiana. He remained confined there until May 4, 1965, a period of eleven days. On May 18, 1965 he was confined at St. Tammany Parish Hospital until June 2, 1965, a period of fifteen days. On June 2, 1965 his wife attempted to place him at Ochsner's Clinic in New Orleans. Admission at Ochsner's was refused him.

On June 12, 1965 he was hospitalized for several days at the Southern Baptist Hospital in New Orleans. Then on June 15, 1965 he was placed in Southeast Louisiana Hospital at Mandeville on a voluntary commitment. He remained at Mandeville through August 8, 1965 or just four days short of two months. During the confinement at Mandeville he was sent to the Charity Hospital in New Orleans, Louisiana and remained there from June 30, 1965 through August 4, 1965. After his release from Mandeville he was seen at regular intervals at the Hammond Mental Health Center. His mental condition worsened and when he refused voluntary recommitment to Mandeville his wife and family had him committed through the coroner. This occurred on May 26, 1967 and he remained at Mandeville until July 16, 1967. From his last release from Mandeville and up to the date of the trial plaintiff was again seen on a regular basis at the Hammond Mental Health Center.

The documents that comprise the record before us contain copies of hospital records, doctors notes, social summaries, and other medical data relative to plaintiff's confinement and treatment at each of the hospitals listed above.

Significantly, only three experts gave testimony on the merits, namely, Drs. Feder, Sneed and Hill.

Dr. Feder, a general practitioner, was not available to testify at the trial but the matter was laid over for the taking of his deposition. On the first occasion that this was done, the recording machine broke down and the stenographic notes did not permit an accurate transcription of all of his testimony. This was later accomplished at a subsequent deposition. Dr. Feder testified that when he first saw plaintiff in the emergency room at the Seventh Ward General Hospital, plaintiff was suffering acute pain in the nape of the neck, the chest and mid-back. He explained that plaintiff seemed to him to be in shock but otherwise in good shape though 'he was confused and claimed to have been rendered temporarily unconscious' by the accident. He also complained of headaches and dizziness. The doctor observed no bruises or contusions about the plaintiff's head or forehead. The doctor's provisional diagnosis was 'neck sprain, probably whiplash, a concussion to the brain, a contusion of the chest'. The doctor later ruled out concussion and determined that Jordan had sustained a whiplash injury. He then commenced treatment with narcotics, and later muscle relaxants, analgesics, sleeping pills and traction. He continued to treat plaintiff at his office from May 4 to August 17, 1965. Between these dates and particularly on the last date he noticed that plaintiff had began to show signs of mental frustration . Plaintiff had stated to him that other persons, including members of his family, were trying to harm him. This was the first occasion that any doctor had observed conduct on the part of plaintiff that would indicate some mental disorder. When asked what significance this had for the doctor, he answered that it convinced him that he had released plaintiff from the hospital too quickly. Dr. Feder stated that while he treated plaintiff in the hospital in Hammond he found him to be a most cooperative and willing patient. He stated that he released him only at the instance and urging of plaintiff because plaintiff wanted to return to his work. Dr. Feder did not have any occasion to see plaintiff after the office visit on May 17, 1965. When asked if he had an opinion as to the nature and origin of plaintiff's mental problems, Dr. Feder stated that he would defer this question to the experts.

The record reveals that plaintiff's condition worsened and he was taken to the St. Tammany Parish Hospital and according to plaintiff's own testimony, he received treatment by Drs. Kety and Rodwig.

While at the St. Tammany Parish Hospital plaintiff became a severe behavior problem. The doctors there recommended his commitment to Southeast Louisiana Hospital. Mrs. Jordan declined to follow this advice and instead took plaintiff by ambulance to the Ochsner's Foundation in New Orleans. According to her testimony they declined to accept her husband as a patient because they were of the opinion that his prlblems were mental. Drs. Kety and Rodwig were not called to testify.

Plaintiff returned home and when his condition failed to improve, he was taken to the Southern Baptist Hospital in New Orleans and while there was given psychiatric, physical and neurological examinations. The doctors at the Southern Baptist Hospital recommended that Mrs. Jordan place her husband at Mandeville. These doctors were not called to testify.

Plaintiff was then voluntarily committed to Southeast Louisiana Hospital at Mandeville, Louisiana. While there he was examined, treated and his condition diagnosed by Drs. Gary Sneed and L. Wayne Hill. These were the remaining two experts mentioned above who testified in this...