Opinion
Civil Action No. 99-228.
January 31, 2001
ORDER AND REASONS
Before the Court is a Motion in Limine filed on behalf of the plaintiff, Betty Spotville. The Court, having considered the arguments of counsel, applicable law and jurisprudence, is fully advised in the premises and ready to rule.
Plaintiff in this case alleges that she was subjected to excessive force in the course of being handcuffed by defendants. As a result, plaintiff alleges that her neck and right shoulder were injured. She submits that she has experienced pain in her neck which radiated into her right shoulder with numbness in her right hand. An MRI showed degenerative changes in her neck and a tiny partial tear in the right shoulder.
In order to recover, plaintiff is required to prove that the injuries sustained were caused by the actions of the defendants in this case. Causation, like all other elements of a civil case, need only be proved by a preponderance of the evidence. See, Landry v. Southern Farm Bureau Casualty, Ins. Co., 292 So.2d 747 (1974). Plaintiff would like to rely on her testimony alone that the treatment incurred by her several doctors, further evidenced by medical bills, were incurred as a result of the injuries in this accident. This Court however finds that said submission would be insufficient to prove causation. While this Court is mindful that in some cases, such as medical malpractice actions where a sponge has been left in the patient's body prior to being sewn up, there is no need for expert medical testimony as the negligence can be inferred by an ordinary person. The majority of personal injury cases however require the use of medical expert testimony to establish the causal link between the injury sustained and the negligence of the party responsible. See,McCann v. ABC Insurance Co., 640 So.2d 865 (La.App. 4 Cir. 1994). Therefore, it is the finding of this Court that based upon the types of injuries alleged by the plaintiff in this case, the testimony of experts in the medical field is required to aid in establishing a causal link, which cannot be shown by the self-serving, lay testimony of the plaintiff.
Accordingly,
IT IS ORDERED that the Motion in Limine, filed on behalf of plaintiff, Betty Spotville, be and the same is hereby DENIED. Plaintiff will not be allowed to submit the medical bills of Drs. Bartholomew, Mosel, and Van Wormer on the testimony of plaintiff alone.