Stover v. A I G Property Casualty Co et al
Filing
53
MEMORANDUM RULING granting 48 First MOTION for Partial Summary Judgment as to Causation filed by Sarah Stover. Signed by Judge Donald E Walter on 1/27/2025. (crt,Crick, S)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
SHREVEPORT DIVISION
______________________________________________________________________________
SARAH STOVER
CIVIL ACTION NO. 23-821
VERSUS
JUDGE DONALD E. WALTER
AIG PROPERTY CASUALTY COMPANY
MAGISTRATE JUDGE HORNSBY
ET AL.
______________________________________________________________________________
MEMORANDUM RULING
Before the Court is a partial motion for summary judgment filed by Plaintiff Sarah Stover
(“Stover”). See Record Document 48. In response, Defendants, Zachary Lowe and AIG Property
Casualty Company (“Defendants”), filed an opposition, and Stover replied. See Record
Documents 51 and 52. For the reasons stated below, Stover’s motion for partial summary judgment
(Record Document 48) is GRANTED.
BACKGROUND
On April 28, 2022, Stover was driving her personal vehicle in a northwesterly direction on
Hilry Huckaby III Avenue in Shreveport, Caddo Parish, Louisiana. See Record Document 48-3 at
2. At the same time, Zachary Lowe (“Lowe”) maneuvered his vehicle into the rear of Stover’s. See
id. at 3. Stover filed a motion for partial summary judgment as to liability, and Defendants
stipulated that Lowe was responsible for accident. See Record Documents 24 and 31. On June 19,
2024, this Court granted Stover’s motion for partial summary only to the extent it sought a
determination regarding liability. See Record Document 32.
The present motion relates to the alleged injury sustained to Stover’s right wrist as a result
of the accident. On November 7, 2023, Stover’s deposition took place. See Record Document 484 at 1. During her deposition, Stover testified:
When the impact happened, my palm [was] on the steering wheel, and my wrist
and my arm locked to keep me from moving forward along with the seatbelt.
Because the seatbelt pretty much caught my left side, but my right side kind of went
forward, and that's how I stopped myself.
Id. at 13. Stover further testified that she never received medical treatment for any wrist or hand
issues prior to April of 2022. See id. at 10. Additionally, in March of 2024, Stover saw an
orthopedic traumatologist, Dr. Edward Mansour (“Dr. Mansour”). See Record Document 48-5 at
6. Dr. Mansour testified that during her first visit with him, Stover complained of pain in her right
wrist, and he performed a physical examination. See id. Dr. Mansour testified that his predominant
findings were related to both her wrist and her elbow. See id. Based on the issues concerning her
lunate bone 1 and her arthritis, Dr. Mansour opined that “without question, there’s a high likelihood
that the wrist injury occurred from [the accident]” because those issues “were a direct relation from
trauma.” Id. at 10.
LAW AND ANALYSIS
A. Summary Judgment Standard.
Summary judgment is proper pursuant to Rule 56 of the Federal Rules of Civil Procedure
when “there is no genuine dispute as to any material fact and the movant is entitled to judgment
as a matter of law.” Quality Infusion Care, Inc. v. Health Care Serv. Corp., 628 F.3d 725, 728 (5th
Cir. 2010). A fact is “material” if proof of its existence or nonexistence would affect the outcome
of the lawsuit under applicable law in the case. See Anderson v. Liberty Lobby, Inc., 477 U.S. 242,
248, 106 S. Ct. 2505, 2510 (1986). A dispute about a material fact is “genuine” if the evidence is
such that a reasonable fact finder could render a verdict for the nonmoving party. See id. “[A] party
seeking summary judgment always bears the initial responsibility of informing the district court
1
“The lunate bone is positioned center of the wrist. It is one of the smaller carpal bones.” Record
Document 48-5 at 3.
2
of the basis of its motion, and identifying those portions of ‘the pleadings, depositions, answers to
interrogatories, and admissions on file, together with the affidavits, if any,’ which it believes
demonstrate the absence of a genuine issue of material fact by pointing out that the record contains
no support for the non-moving party’s claim.” Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S.
Ct. 2548, 2553 (quoting Fed. R. Civ. P. 56(c)).
B. Causation.
Stover filed this motion for partial summary judgment as to causation. See Record
Document 48-3 at 1. A plaintiff in a personal injury lawsuit “bears the burden of proving [by a
preponderance of the evidence] a causal relationship between the injury sustained and the accident
which caused the injury.” Maranto v. Goodyear Tire & Rubber Co., 650 So. 2d 757, 759 (La. 1995)
(internal citations omitted). To determine this causal relationship, a plaintiff must “prove[ ] through
medical or lay testimony that it is more probable than not that the subsequent injuries were caused
by the accident.” Kliebert v. Breaud, 134 So. 3d 23, 28 (La. App. 5th Cir. 2014). “Expert medical
testimony is required when the conclusion regarding medical causation is one that is not within
common knowledge.” Id.
Stover testified that she never received medical treatment for any wrist or hand issues prior
to the accident. See Record Document 48-4 at 10. Stover further testified that during the impact,
her palm was on the steering wheel and her wrist and arm locked to keep her from hitting the
steering wheel. See id. at 12. Additionally, Dr. Mansour opined the injuries to her right wrist were
“without question” more likely than not sustained by the trauma of the accident. See Record
Document 48-5 at 10. Defendants do not dispute that Stover injured her right wrist in the accident.
See Record Document 51 at 4. However, Defendants argue that there are genuine issues of material
fact regarding whether the wrist injury was exacerbated by the length of time between the accident
3
and surgery and whether the type of surgery changed based on Stover’s delay in having surgery.
See id. In other words, Defendants concede causation but dispute the extent of damages. This Court
makes no ruling regarding damages, and such issue is instead reserved for trial.
CONCLUSION
For the foregoing reasons, IT IS ORDERED that Stover’s motion for partial summary
judgment (Record Document 48) is GRANTED only to the extent that it seeks a determination
regarding causation. This Court does not make a determination regarding damages at this time,
and such issue is reserved for trial.
An order consistent with the instant Memorandum Ruling shall be issued herewith.
THUS DONE AND SIGNED in Shreveport, Louisiana, this 27th day of January, 2025.
4
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?