Delaney v. Empire Insurance Co

469 So.2d 1173 (La Ct. App. 1985)

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Nature of the Case

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Facts

A rear-end collision occurred, and the jury returned a verdict to Ps for $11,550.00 in special damages and $43,350.00 in general damages. Delaney (P) was taken to the emergency room and given medication for his complaints of lower back pain and sent home. When the pain did not subside the next day, P sought additional attention and was admitted to a hospital and given muscle relaxers, anti-inflammatory drugs, and physical therapy. Treatment continued for two years. Surgery was eventually recommended. However, it was also observed that some of the corrections recommended had occurred from previous back surgeries. P also had spinal stenosis, and the Doctor admitted that the collision had not caused the pathology he had observed to make the surgery recommendation. Prior to this accident, P had two laminectomies from an injury incurred in his prior work. The injury left him permanently disabled. This appeal resulted.