Wally O. and Kate A. Oyelola - Page 16

                                       - 15 -                                         
               subsequently went to Enfield Special Clinic for                        
               stitches on my lip.                                                    
               Petitioners testified to similar effect at trial, although             
          the “heart failure” could not be corroborated, and introduced the           
          referenced hospital records as an exhibit.  The records show that           
          petitioner was treated on March 14, 1991, at Rockville General              
          Hospital for “LACERATION/WOUND CARE” and “SEVERE                            
          HEADACHE/DIZZINESS”, and that he could return to work on March              
          17, 1991.  Total charges of $749.24 were incurred and billed to             
          Mr. Oyelola’s insurance.  The only other evidence offered by                
          petitioners consists of records from the Institute of Living                
          Medical Group, P.C., indicating that petitioner was evaluated and           
          treated on various occasions in 1997 and 1998 for anxiety and               
          delusions.                                                                  
               The foregoing record in this case does not support a                   
          conclusion that the $30,000 was paid on account of physical                 
          injury.  The sole specific incident of physical injury argued by            
          petitioners, the damage to Mr. Oyelola’s lips, is not                       
          commensurate with a $30,000 payment.  In contrast, Mr. Oyelola              
          apparently waged a lengthy battle with stress, anxiety, and other           
          emotional problems.  The notes contained in the records from the            
          Institute of Living Medical Group, P.C., indicate that the                  
          ongoing racial discrimination, not the single physical injury,              
          was the primary source of Mr. Oyelola’s emotional distress.                 
          While we do not dismiss the physical pain Mr. Oyelola experienced           





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  Next

Last modified: May 25, 2011