Mary DeLeon et al. v. Young Lee (2014)

MEMORANDUM OF DECISION

This civil action concerns a two-count complaint brought by Mary DeLeon and her nephew Julius Nobles against Young Lee seeking money damages for personal injuries alleged to have resulted from an automobile accident which occurred about 4:00 p.m. on July 25, 2010 on Interstate 395 in East Lyme, Connecticut.   The first count relates to the claim of DeLeon and the second count concerns the claim of Nobles.

DeLeon was a passenger in a motor vehicle owned by her and being operated by Nobles which was stopped in heavy traffic on Route 395 when it was run into in the rear by the Lee vehicle operated by Lee causing scratches in the rear bumper of the DeLeon vehicle.   The traffic was stop and go and the Lee vehicle was traveling at about 10 miles per hour.   The air bags did not deploy.   The state police investigated the accident, found Lee at fault, and inquired if either passenger in the DeLeon vehicle needed medical attention.   Both plaintiffs declined the offer.   Thereafter Nobles drove the vehicle to DeLeon's home where they stayed overnight.   The following day both of the plaintiffs went to the Hospital of St. Raphael for treatment of injuries allegedly received in the accident the day before.   They also went together to the Whalley Chiropractic office on August 3, 2010.   These cases were tried before this court on December 4, 2013 and January 21, 2014.   The defendant admits that he is responsible for the accident but claims that neither plaintiff was injured.

DeLeon's complaint at St. Raphael's Hospital on July 26, 2010 was pain at the left and right lumbar.   All other symptoms were negative for any pain or abnormal conditions.   The diagnosis was “lumbar strain.”

On February 14, 2010 DeLeon had suffered a low back and left ankle injury at work at Yale when she slipped and fell heavily on some grease on the floor.   She was treated at Yale University Health Center and was out of work for approximately two months.   She was diagnosed with a lumbar strain and ankle strain.   She was referred to Dr. John Beiner at Connecticut Orthopedic Specialists, PC on April 14, 2010 for treatment of her low back because she did not seem to be making any progress.   Dr. Beiner diagnosed her problem as being a low back strain with some elements of radiculopathy.   She was still being bothered by the low back injury received in the fall at work when she was involved in the car accident on July 25, 2010.   There is no indication that she disclosed the history of her problems with her low back at St. Raphael Hospital when she went there on July 26, 2010 or at Whalley Chiropractic when she went there on August 3, 2010.

She has now suffered another back injury on October 14, 2013 which will require back surgery.   There is no claim that this recent injury is related to the accident of July 26, 2010.

The plaintiff DeLeon has incurred medical expenses for the Hospital of St. Raphael $1,289.97, Radiology Group $231.00, St. Raphael MR Center $950.00 totaling $2,470.97.   She also has incurred expenses from Whalley Chiropractic for $5,363.51.   She has proven a loss of earnings of $800.00 for the one week she was out of work following the accident of July 25, 2010.

She failed to disclose to the doctors at Whalley Chiropractic that she had injured her back in the fall at work in February and that the pain in the low back area persisted up to the date of the automobile accident on July 25, 2010.   The failure to disclose the prior injury affects the reliability of the opinions of the doctors at Whalley Chiropractic that the treatments rendered and the findings of a permanent disability and future medical expense were all as a result of the automobile accident.   The court finds that the plaintiff DeLeon has failed to prove that the treatment and opinions by Whalley Chiropractic were reasonably caused by the automobile accident.

Plaintiff Nobles also went to the Hospital of St. Raphael on the day after the accident.   His only complaint was that his right shoulder and chest struck the steering wheel of the vehicle he was driving and that he had some pain in his right shoulder.   He was diagnosed as having a strained right shoulder and given some medication for pain.   He made no complaint of pain in his neck or back.   He returned to the hospital on June 30, 2010 and obtained additional medications for his shoulder.   He was told to call if he had any side effects.

Four days later he went to Whalley Chiropractic where he was treated for problems with his cervical, thoracic and lumbar spine.   The medical records from Whalley Chiropractic do not reflect any mention of treatment for pains in the right shoulder, which was Nobles' only complaint.   The court finds that Nobles has failed to prove that the chiropractic treatments were medically reasonable.   Nobles has proven that he incurred charges for hospital treatment consisting of $1,289.97 for treatment on July 26, 2010 and $183.50 for treatment on July 30, 2010, totaling $1,473.47.

Nobles has proven that he has sustained economic damages of $1,473.47 and non-economic damages of $5,000.00.   A judgment may enter in favor of Julius Nobles on the second count for $6,473.47.

DeLeon has proven that she sustained economic damages consisting of medical expenses of $2,470.97 and lost wages of $800.00 for a total of $3,270.97, and non-economic damages of $7,000.00.   A judgment may enter in favor of Mary DeLeon on the first count in the sum of $10,270.97.

William L. Hadden, Jr.

Judge Trial Referee

Hadden, William L., J.T.R.