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VENITA MATTHEWS FEB i 5 2005 NO. 04-CA-958
VERSUS FIFTH CIRCUIT
FAITH CHIASON BREAUX AND STATE COURT OF APPEAL FARM INSURANCE COMPANY STATE OF LOUISIANA
ON APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT
PARISH OF JEFFERSON, STATE OF LOUISIANA
NO. 587-522, DIVISION "J"
HONORABLE STEPHEN J. WINDHORST, JUDGE PRESIDING

FEBRUARY 15, 2005

MARION F. EDWARDS
JUDGE

Panel composed ofJudges Marion F. Edwards,
Susan M. Chehardy and Clarence E. McManus

JOHN L. DORSEY 9823 E. Rockton Circle New Orleans, Louisiana 70127 COUNSEL FOR PLAINTIFF/APPELLANT
PATRICK D. DEROUEN
LAURIE L. DeARMOND
704 Carondelet Street
New Orleans, Louisiana 70130
COUNSEL FOR DEFENDANT/APPELLEE
AFFIRMED
PlaintifflappellantVenitaMatthewsappeals ajudgmentofthetrialcourt dismissing her case against the defendants/appellees Faith Chiason Breaux and State Farm Insurance Company. We affirm.
Matthews filed suit seeking damages suffered when a Ford Explorer driven by Breaux collided with the rear end ofMatthews' Infiniti. At trial, Matthews testified that on August 23, 2002, she was driving down Lapalco Boulevard when traffic halted to allow a truck to back into a driveway. Matthews stopped and put her car in park, waiting for traffic to proceed, when the Breaux vehicle hit her from behind. Matthews was jerked forward, and immediately after the jolt, she felt pain in her neck. Breaux came up to her and asked ifshe was alright, but Matthews was unable to respond. Breaux and Matthews moved to a driveway, out ofthe traffic flow, and both examined the rear ofMatthews' car. According to Matthews, there was no debris on the street from her car. Breaux left before the police arrived.
Matthews "flagged down" a witness, Shawn Preatto, who was previously unknown

to her.
On September 5, 2002, Matthews sought medical treatment. Her physician diagnosed muscle strain to her neck, back, and shoulders. Matthews testified that she had constant pain during the five-month period oftreatment, and that she still has occasional headaches. She is limited in her activities due to back pain.
Matthews stated that prior to the accident, she had been employed at Harrah's Casino, but suffered bilateral carpal tunnel syndrome and ulnar nerve decompression in both arms, injuries for which she received worker's compensation. She did not allege that those injuries were aggravated in the present accident. Matthews also admitted, on direct examination, to having pled guilty to Food Stamp fraud.
Matthews was cross-examined about other accidents. In 2001, she suffered a slip-and-fall at a Wal-Mart store, injuring her neck, back and shoulder. However, she testified that she was not having symptoms from this fall at the time ofthe auto accident. She also had an auto accident in 1997 in which she injured her neck and back, and another fall in 1994. After the collision with Breaux, she was involved in another rear-end collision, in May, 2003. Insurance claims and/or lawsuits were filed in all these instances.
Also on cross, Matthews was confronted with statements from her deposition, in which she had stated that the impact had caused part of a broken light to fall on the ground, and that the paint was chipped. When asked why she testified at trial that there was no debris on the ground, Matthews stated that the tail lightwasbrokenandjusthangingoffthecar. Therewasnowhitepaintfrom Matthews car on the Explorer, which was black, but there was black paint on Matthews' bumper. According to Matthews, the passenger side of her vehicle was smashed in, the bumper was pushed in, and the back of her car had scratches and
marks. However, Matthews did not see any damage to the Explorer, and has not

repaired the damage to her own car.
In December, 2002, Matthews went to the Medical Center ofLouisiana at New Orleans for "female problems." The physician there noted that she was symptomatic for tenderness and pain in her back; however, there was no mention ofthe August accident in the hospital report. Also admitted into evidence were reports from Dr. Eric George, who was treating Matthews for carpal tunnel syndrome. Again, no history of any auto accident appears in the report. Matthews testified that she saw no need to mention the accident to these physicians, since they were treating her for other conditions. We note in this regard that the history given to Medical Center of Louisiana did note Matthews' history with regard to her carpal tunnel syndrome.
Dr. Charles Simmons, of Gulf Coast Medical Association, testified that Matthews consulted his office on September 5, 2002, about injuries suffered in the accident. Dr. Simmons did not treat her initially. She told the physician that in the accident, she jolted forward and backward, jolting her neck, that she had immediate pain in her neck and a few hours later, in her shoulders and mid-back. The initial diagnosis was cervical strain, thoracic strain, lumbar strain, and bilateral trapezius strain. There were no objective symptoms displayed at that time, but Matthews did complain oftenderness. Physical therapy was prescribed as well as medication for pain and muscle relaxers. On her next visits, the only objective symptoms were slight spasms in the neck and trapezius muscles. Ifthe history given was accurate, Dr. Simmons believed that the accident was causally related to her symptoms.
On cross-examination, Dr. Simmons testified that Matthews was discharged from treatment for her 2001 Wal-Mart accident in August, 2001, at which time she continued to have complaints ofpain in her cervical, thoracic, and lumbar spine, as
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