Worsham v. Hetrick2/7/2001
The plaintiffs, Aubrey and Ada Worsham, appeal a judgment awarding past medical expenses of $26,789.57, lost wages of $25,000 and general damages of $30,000, for injuries sustained by Aubrey Worsham while driving his employer's vehicle. The trial court found that the intervenor, Louisiana Workers' Compensation Corporation, was entitled to reimbursement of $32,294.57 in medical expenses. Plaintiffs contend the jury's awards for medical expenses, lost wages and general damages were insufficient. For the following reasons, we amend and affirm as amended.
FACTS
On January 31, 1995, Aubrey Worsham, while working as a truck driver and mechanic for Jabar Corporation, was driving his employer's vehicle in Lincoln Parish, Louisiana, when he was struck on the passenger's side by a tractor-trailer truck driven by Robert Hetrick. As a result of the accident, Worsham complained of pain in his back, neck and left shoulder. Worsham was taken to the Lincoln General Hospital emergency room, where he was diagnosed with cervical and lumbar myofascial strain. Some days later, he began feeling pain in his right knee. Worsham was initially treated by Dr. Loren Boersma, who first saw him on February 2, 1995. Dr. Boersma diagnosed Worsham with cervical and lumbar strain, prescribed pain medication and advised rest. During the February 21, 1995 visit, Worsham first complained of pain in his right knee, in addition to the pain in his neck, back and shoulder. Dr. Boersma ordered a bone scan, which was interpreted as negative for bone injury. Worsham continued to complain of right knee pain in his next two visits and last saw Dr. Boersma in April 1995.
On March 13, 1995, Worsham saw Dr. Baer Rambach, an orthopedic specialist, complaining of a burning sensation in his right knee, limited movement of his left shoulder and pain in his lower back and neck. Dr. Rambach diagnosed Worsham with adhesive capsulitis of the left shoulder and traumatic chondromalacia of his right knee patella. Upon Dr. Rambach's recommendation, Worsham underwent two procedures, forceful manipulation of his left shoulder and arthroscopic surgery on his right knee. After the surgery, Worsham underwent physical therapy from May 1995 to July 1995, but his pain persisted. Dr. Rambach ordered an MRI, which showed an impingement of the left shoulder rotator cuff mechanism. In August 1995, Worsham underwent surgery to release the left shoulder impingement. Following the surgery, Worsham participated in physical therapy three times per week from September 1995 to January 1996.
During this time, Worsham's back pain persisted and he was referred to Dr. James Zum Brunnen, an orthopedic surgeon. Dr. Zum Brunnen saw Worsham in April 1996 and reviewed a lumbar myelogram and CT Scan of the lumbar spine performed in December 1995. Dr. Zum Brunnen determined that the CT Scan showed a soft tissue protrusion in the lower back and ordered a follow-up lumbar MRI. In June 1996, Worsham began working in the auto service department at Wal-Mart. Approximately two months later, on August 12, 1996, Worsham slipped and fell while working. The lumbar MRI was performed on August 15, 1996, and Worsham next saw Dr. Zum Brunnen one week later. Because the MRI results confirmed the findings of the earlier tests, Dr. Zum Brunnen opined that Worsham had not sustained a significant new injury in the Wal-Mart accident.
The plaintiffs, Aubrey and Ada Worsham, filed a petition for damages against the defendants, Hetrick, Rogers Trucking, Inc., the owner of the tractor-trailer, and its insurer, Harco National Insurance Company. Louisiana Workers' Compensation Corporation (LWCC), Jabar's compensation carrier, intervened in the suit seeking to recover
Page 1 2 3 4 5 Louisiana Employee Leasing Services
Employee Leasing Services
|