Salton et al v. Joiner et al

Filing 30

MEMORANDUM RULING re 26 MOTION for Partial Summary Judgment filed by Jherri Thomas. Signed by Judge Terry A Doughty on 11/15/2018. (crt,Crawford, A)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
LAFAYETTE DIVISION
ELTONEZ SALTON, ET AL.

CIVIL ACTION NO. 17-1616

VERSUS

JUDGE TERRY DOUGHTY

GREGORY ALAN JOINER, ET AL.

MAG. JUDGE CAROL WHITEHURST
RULING

This is a diversity case arising from a motor vehicle accident in St. Landry Parish,
Louisiana. Pending before the Court is Plaintiff Jherri Thomas’ (“Thomas”)1 Motion for Partial
Summary Judgment [Doc. No. 26]. Thomas moves the Court for summary judgment on medical
causation and liability. Specifically, she contends that a “surgery recommendation and medical
treatment [were] causally related and made necessary by the subject accident of February 26, 2016,
that the costs and charges for same were medically necessary and reasonable and that Defendants
[are] liable for same.” [Doc. No. 26, ¶ 8]. After the filing of the instant motion, Thomas, Ports
and Old Republic stipulated to liability.

[Doc. No. 28].

Defendants also timely filed a

memorandum in opposition to the Motion for Partial Summary Judgment [Doc. No. 29]. Thomas
did not file a reply, and the deadline for doing so has passed.
To the extent that Thomas moves for partial summary judgment on liability, the motion is
DENIED AS MOOT. For the following reasons, the motion is otherwise DENIED.

1
The motion was electronically filed by counsel who indicated that it was the motion of Eltonez Salton
(“Salton”), individually and on behalf of her minor child, Thomas. However, by the date of the filing, Salton had
been dismissed, and Thomas had been substituted as Plaintiff after having achieved the age of majority.
Accordingly, the Court treats the motion has having been filed by Thomas.

I.

FACTS AND PROCEDURAL BACKGROUND
This case arises out of a February 22, 2016, motor vehicle accident between a tractor-trailer

operated by Gregory Joiner (“Joiner”) and a school bus occupied by Thomas as a passenger.
Joiner was acting in the course and scope of his employment with Ports Petroleum Company
(“Ports”), and the tractor-trailer was insured by Old Republic Insurance Company (“Old
Republic”).
This lawsuit was filed against Joiner, Ports, and Republic, but the claims against Joiner
were subsequently dismissed because of Thomas’ failure to serve him. [Doc. No. 20].
On October 3, 2018, plaintiff filed a Motion for Partial Summary Judgment on Causation
and Liability. [Doc. No. 26]. As to medical causation, Thomas contends:
4.
As a result of this accident, Jherri Thomas required medical attention which
included chiropractic care by Recovery ChiroMed, Barczyk Chiropractic, had
several MRI's, underwent several Epidural Steroid Injections (ESI) performed by
Dr. George Williams, Orthopaedic Surgeon.
5.
Dr. Williams’ medical opinion relates to Jherri Thomas need for continued
treatment and the treatment that has been provided to her, by medical providers
along with the associated costs, to the accident of February 26, 2016 (Exhibit "A",
Affidavit of Dr. George Williams).
[Doc. No. 26]. In her supporting memorandum, Thomas further contends that she is entitled to
summary judgment on causation because Dr. George Williams opined that the “conservative
treatment was reasonable, and directly made necessary by the injuries . . . Thomas sustained in the
accident of February 26, 2016.” [Doc. No. 26-4].
Thomas’ motion also addresses liability.
2

On October 24, 2018, Thomas, Port, and Old Republic stipulated to Defendants’ liability.
[Doc. No. 28].
On October 24, 2018, Defendants filed an opposition memorandum to the instant motion.
Defendants point out that the liability aspect of the motion is moot, but oppose the motion on
medical causation. Defendants contend that the motion should be denied because Thomas has
failed
to specify what injuries and treatment she seeks to relate to the accident. Moreover,
there is conflicting evidence as to the nature and cause of her injuries. Finally,
plaintiff’s motion is premature as discovery is ongoing and defendants anticipate
the retention and disclosure of testifying experts, including a physician and a
biomechanical engineer/injury causation expert.
[Doc. No. 29, p. 4].
Thomas did not file a reply memorandum, and the Court is now prepared to rule.
II.

LAW AND ANALYSIS
A.

Summary Judgment

Summary judgment Ashall [be] grant[ed] . . . if the movant shows that there is no genuine
dispute as to any material fact and the movant is entitled to judgment as a matter of law.@ FED. R.
CIV. P. 56(a). A fact is Amaterial@ if proof of its existence or nonexistence would affect the
outcome of the lawsuit under applicable law in the case. Anderson v. Liberty Lobby, Inc., 477
U.S. 242, 248 (1986). A dispute about a material fact is Agenuine@ if the evidence is such that a
reasonable fact finder could render a verdict for the nonmoving party. Id. In this case. Thomas,
as Plaintiff, bears the burden of proof on medical causation and thus must present evidence
showing that she is entitled to judgment as matter of law.
If the moving party can meet the initial burden, the burden then shifts to the nonmoving
3

party to establish the existence of a genuine issue of material fact for trial. Norman v. Apache
Corp., 19 F.3d 1017, 1023 (5th Cir. 1994). The nonmoving party must show more than Asome
metaphysical doubt as to the material facts.@ Matsushita Elec. Indus. Co., Ltd. v. Zenith Radio
Corp., 475 U.S. 574, 586 (1986). In evaluating the evidence tendered by the parties, the Court
must accept the evidence of the nonmovant as credible and draw all justifiable inferences in its
favor. Anderson, 477 U.S. at 255.
B.

Liability

Thomas moves the Court for summary judgment on liability. However, after the filing of
the instant motion, on October 24, 2018, Thomas, Ports and Old Republic stipulated to liability.
[Doc. No. 28]. The stipulation provides:
1.
A motor vehicle accident occurred on February 22, 2016, in St. Landry Parish, State
of Louisiana. The motor vehicle accident involved vehicles operated by defendant,
Gregory A. Joiner, and Delita Ann Rubin.
2.
The defendant, Gregory A. Joiner’s negligence was the sole legal cause of the motor
vehicle accident of February 22, 2016.
3.
At the time of the February 22, 2016, accident, Gregory A. Joiner was working in
the course and scope of his employment with Ports Petroleum Company.
4.
At the time of the February 22, 2016, accident, Old Republic Insurance Company
issued a policy of insurance bearing policy number MWTP 303975 with liability
limits of $1,000,000 to Ports Petroleum, subject to the liability limits, terms,
conditions, provisions, warranties, definitions, limitations, exclusions and coverage
set forth in the policy and its endorsements.
4

5.
At the time of the February 22, 2016, accident, Lexington Insurance Company
issued an umbrella policy bearing policy number 015374922 with liability limits of
$10,000,000 to Ports Petroleum, subject to the liability limits, aggregate limits,
terms, conditions, provisions, warranties, definitions, limitations, exclusions and
coverage set forth in the policy and its endorsements.
6.
Defendants reserve all rights to contest injury/medical causation and damages,
subject to the Court’s ruling on Plaintiff’s presently pending Motion for Partial
Summary Judgment. Accordingly, nothing in this stipulation shall prohibit any
party from presenting admissible evidence at trial as to the mechanics of the
accident, the events surrounding the accident, the force of the impact at issue, and
any admissible analysis of occupant kinematics, biomechanics, or injury causation.
[Doc. No. 28]. Accordingly, the parties have now stipulated to liability as set forth, and Thomas’
Motion for Partial Summary Judgment is DENIED AS MOOT.
C.

Medical Causation

The parties did not stipulate as to medical causation or other issues which remain for trial.
Thus, the Court must consider whether Thomas is entitled to judgment on causation.
Although Thomas has presented some evidence in support of causation, Defendants have
responded with conflicting evidence via the affidavit of Dr. Curtis Partington that Thomas’
cervical and thoracic MRIs failed to show any evidence of traumatic injury. [Doc. No. 29-2,
Exhibit B, Affidavit of Dr. Partington].
They further point to the deposition testimony of Thomas’ treating physician, Dr. Williams,
where he admitted that he could not date her cervical MRI findings. [Doc. No. 29-3, Exhibit C,
Deposition of Dr. Williams, pp. 17, 20-22]. During Dr. Williams’ deposition, he also admitted
that Thomas’ thoracic MRI was normal, except for the finding of scoliosis, which pre-dated the
5

subject accident. Id. at 25. Additionally, Thomas’ lumbar MRI showed evidence of arthritic
changes at L2-3, which pre-dated the accident. Id. at 30-32. Dr. Williams could not date the
mild disc bulge at L3-4 or tiny left posterior protrusion at L4-5. Id. at 30-32.
Finally, Defendants point out that discovery is on-going in this case, and, thus, any
judgment on causation is premature.2
Having fully reviewed the evidence, the Court finds that there are genuine issues of
material fact for trial on causation and damages, and Thomas is not entitled to judgment as a matter
of law.
III. CONCLUSION
For the foregoing reasons, Thomas’ Motion for Partial Summary Judgment [Doc. No. 26]
is DENIED IN PART AS MOOT and otherwise DENIED. To the extent that Thomas moved for
summary judgment on liability, the motion is DENIED AS MOOT because the parties have
stipulated as to liability. The motion is otherwise DENIED because the Court finds that there are
genuine issues of material fact for trial as to medical causation, as well as damages.
MONROE, LOUISIANA, this 15th day of November, 2018.

TERRY A. DOUGHTY
UNITED STATES DISTRICT JUDGE

2

Defendants also point to evidence supporting their defense of failure to mitigate
damages based on the deposition of Dr. C. Michelle Didier. However, the Court has not relied
on this evidence, as the attached pages are blank. [Doc. No. 29-5, Exhibit E, Deposition of Dr.
Didier].
6