BERT RULE						NUMBER 509,099 - B

VERSUS						FIRST JUDICIAL DISTRICT COURT

KEVIN GUERRERO AND STATE FARM
MUTUAL AUTOMOBILE INSURANCE
COMPANY						CADDO PARISH, LOUISIANA

			        REASONS FOR JUDGMENT

	Trial was held February 22, 2011.  Liability was stipulated and the Court heard quantum evidence from Bert Rule and Yvonne Ebarb.  Depositions of Dr. William Leigh Dillard and Dr. Eubulus J. Kerr, III were admitted into evidence along with medical reports and invoices.  Plaintiff’s counsel has requested special damages in the amount of $5,524.00 and an award of substantial general damages, the total not to exceed the coverage limits of $25,000.00.  After a thorough review of the evidence, entire record, applicable law and for reasons which follow, the Court sets special damages in the amount of $974.23 and general damages in the amount of $5,500.00.
	The accident at issue occurred January 11, 2006 and involved vehicles traveling south on Youree Drive in Shreveport.  Although Paragraph 2 of the petition, filed January 10, 2007, references three vehicles (Benjamin Buford driving a 2004 Ford Taurus; Nathaniel Gardner driving a 2000 Toyota Echo behind Buford; and Kevin Guerrero driving a 1999 GMC 6000 behind Gardner and Buford), the plaintiff’s pretrial brief references only two vehicles with Rule being a guest passenger in the vehicle driven by Buford.  In either event, liability of Guerrero (and his liability carrier, State Farm Mutual Automobile Insurance Company) has been stipulated as the one causing the rear-end accident. 1 
	After the accident Mr. Rule was treated at the emergency room at DeSoto Regional Medical Center.  On January 24, 2006, Rule was treated by Dr. William Leigh Dillard who, in his deposition, characterized this as a soft tissue injury, at most, a thoracolumbar strain, of a duration of about 6 weeks and which required Ultram 50 mg. See 7:7; 9:25.  Dr. Dillard treated Mr. Rule only once for the soft tissue injuries but subsequently saw him for other issues including a heel spur, staph infection and flu symptoms on separate occasions throughout 2006. See 11:20-25; 13:4-5; 16:17-18. It is significant that Mr. Rule did not complain of his soft tissue injuries at the subsequent 2006 visits with Dr. Dillard.
	More than 2 ½ years later, Mr. Rule was examined by Dr. Eubulus J. Kerr, III who, despite normal x-rays, diagnosed Mr. Rule with lumbar strain and lumbar degenerative disc disease.  In his deposition Dr. Kerr conceded that the post- accident 2 ½ year complaints could have been the result of the aging process.  See 16:17020.
	Based on the 2 ½ year gap in treatment and the somewhat equivocal testimony of Dr. Kerr, the Court concludes that Mr. Rule has only proven a soft tissue injury of several months duration.  Clearly, a 2 ½ year gap in treatment is too long, if not ridiculous.
	Besides the gap in medical treatment and lack of competent evidence to prove connexity of the 2 ½ year post accident complaints, as well as missing medical reports of Dr. Haney and Dr. Wall, the myriad of other medical complaints by Mr. Rule leads the Court to reasonably conclude that Mr. Rule’s treatment by Dr. Kerr was unrelated to the accident of January 11, 2006 and  therefore not compensable as special damages.
	For reasons assigned, the Court sets special damages in the amount of $974.23, which includes the invoices of DeSoto Regional Health System, ($899.23) and treatment by Dr. Dillard ($75.00).  Considering this to be, at most, a 3 month soft tissue injury the Court sets general damages in the amount of $5,500.00.
	Costs are assessed against State Farm Mutual Automobile Insurance Company.
	In the event of any calculation issues, counsel shall contact the Court; otherwise, a formal Judgment in accordance with La. Dist. Ct. R. 9.5 shall be submitted.
	Signed this 23rd day of February, 2011 in Shreveport, Caddo Parish, Louisiana.
							___________________________
							     SCOTT J. CRICHTON
						  		DISTRICT JUDGE

DISTRIBUTION:

T. Taylor Townsend, Counsel for Bert Rule
Alan T. Seabaugh, Counsel for Kevin Guerrero
	and State Farm Mutual Automobile Insurance Company