United States District Court, W.D. Louisiana, Lafayette Division
ELTONEZ SALTON, ET AL.
GREGORY ALAN JOINER, ET AL.
WHITEHURST MAG. JUDGE
A. DOUGHTY UNITED STATES DISTRICT JUDGE
a diversity case arising from a motor vehicle accident in St.
Landry Parish, Louisiana. Pending before the Court is
Plaintiff Jherri Thomas'
(“Thomas”) 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
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.
FACTS AND PROCEDURAL BACKGROUND
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”).
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].
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].
motion also addresses liability.
October 24, 2018, Thomas, Port, and Old Republic stipulated
to Defendants' liability. [Doc. No. 28].
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 ...