MAXIMILLION HARVEY AND LEROY TREADWELL Vs. WILLIAM COLE, JR., COMMERCIAL CARRIERS, INC., ILLINOIS INSURANCE COMPANY, RANDOLPH POLK, JR., AND CLARENDON NATIONAL INSURANCE COMPANY

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* NO. 2000-CA-1849 * COURT OF APPEAL * MAXIMILLION HARVEY AND LEROY TREADWELL FOURTH CIRCUIT * STATE OF LOUISIANA VERSUS WILLIAM COLE, JR., COMMERCIAL CARRIERS, INC., ILLINOIS INSURANCE COMPANY, RANDOLPH POLK, JR., AND CLARENDON NATIONAL INSURANCE COMPANY * * ******* LOVE, J., CONCURS The majority states that it reduced the jury award because Dr. Pearce’s report did not relate the herniated discs in the cervical spine to the December 15, 1995 accident. Dr. Pearce performed the MRI; however, as Dr. Pearce testified, Dr. Brickman, as the clinician in this case, was the appropriate person to relate the injury to the accident in question. Nonetheless, the record is devoid of any evidence linking the injury to the accident. Consequently, Plaintiff’s jury award was appropriately reduced.

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