Square v. LeBlanc

Summary

Square v. LeBlanc, 903 So.2d 1178 (3rd Circuit) , LA ,   2005,   Report Type: N/A

Appellate Panel :

N/A

Trial Type :

jury

Trial Judge :

N/A

Trial Court :

15th Judicial District (Lafayette)

Plaintiff's Lawyer :

N/A

Defendant's Lawyer :

N/A

Injuries

Pre-existing spine condition; Cervical herniated disc; stain in neck muscles; small central disc herniation at L5-S1; large ventral and left paracental disc herniation at L5-S1 with posterior displacement of left S1 nerve root

Tissue :

soft Tissue

Did Plaintiff Have Surgery? :

yes

Treatment Length :

> 12 Months

Pre-existing Conditions :

soft Tissue

Award change on appeal:

unchanged

Damages

General Damages :

$10,000

Past Medicals :

$7,000

Future Medicals :

$0

Past wages :

$0

Future wages :

$0

Loss of Consortium :

$0

Other Damages :

$0

Total :

$17,000

Case Details

Suit Reason :

Female was involved in a minor rear end collision. Woman had previous cervical herniated disc surgery due to previous accident Neurosurgeon last saw woman three weeks prior and planned to release back to full duty work. Woman complained of muscle strain in area of previous surgical procedure which healed with no further issues. MRI post accident showed central disc herniation of L5-S1. Doctor suggested physical therapy as well as chronic pain management. Anesthesiologist injected S1 joint. Woman states she lifted her son into the car causing extreme pain an additional MRI was performed showing a large ventral and left paracentral disc herniation at L5-S1 with posterior displacement of left S1 nerve root. Woman had lumbar microdiscectomy as well as disc fusion at L5-S1 and L4-L5 approximately 3 years after incident of issue. Orthopedic surgeon stated woman’s pain went away with surgery.

Award Reason :

Jury awarded $10,000 in general damages, $7,000 in past medical expenses. The appellate court confirmed the awarded amount was not an abuse of discretion due to the change between the MRI after the minor car accident and lifting her child incident.