Archie v. BD. OF SUP'RS OF LA. STATE UNIV.

543 So. 2d 1348, 1989 WL 48935
CourtLouisiana Court of Appeal
DecidedFebruary 1, 1989
Docket87 CA 1189
StatusPublished
Cited by7 cases

This text of 543 So. 2d 1348 (Archie v. BD. OF SUP'RS OF LA. STATE UNIV.) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Archie v. BD. OF SUP'RS OF LA. STATE UNIV., 543 So. 2d 1348, 1989 WL 48935 (La. Ct. App. 1989).

Opinion

543 So.2d 1348 (1989)

Louis Vester ARCHIE, Bennie Louis Archie, Leatha Archie Fields, and Versie Archie Henry
v.
BOARD OF SUPERVISORS OF LOUISIANA STATE UNIVERSITY and Agricultural and Mechanical College.

No. 87 CA 1189.

Court of Appeal of Louisiana, First Circuit.

January 19, 1989.
Concurring in Part and Dissenting in Part February 1, 1989.

*1349 Paul H. Dué, Baton Rouge, for plaintiff-appellant, Louis Vester Archie, et al.

A. Mills McCawley, Shreveport, for defendant-appellee, Bd. of Supervisors of *1350 Louisiana State University and Agr. and Mechanical College.

Before WATKINS, CARTER, LANIER, CRAIN and LeBLANC, JJ.

Concurring in Part and Dissenting in Part by Justice Lanier February 1, 1989.

CARTER, Judge.

This is a suit for damages for wrongful death.

FACTS

During the early morning hours of January 24, 1984, the decedent, Luada Goldsby Archie, experienced chest pains and shortness of breath. Thereafter, she was examined by Dr. A. C. Wadlington in his office in Farmerville, Louisiana. Dr. Wadlington obtained an electrocardiogram (EKG) on the decedent, which he determined to be abnormal. Dr. Wadlington suspected that the decedent's symptoms were cardiac in origin and recommended immediate hospitalization.

Despite the availability of three nearby hospital facilities, the decedent insisted that she be hospitalized at the LSU Medical Center in Shreveport. Decedent was taken to the LSU Medical Center by private automobile and arrived in the emergency room at approximately 8:15 p.m. on January 24, 1984. At that time, decedent was evaluated by an emergency room physician. Decedent had a history of high blood pressure and had suffered chest pains for a five-hour period. The chest pains were characterized as being exertional, beginning in the left lower jaw and radiating across the left chest and associated with shortness of breath and nausea. Decedent's pain was relieved after administration of three sublingual nitroglycerins, and her physical examination indicated that she had a low grade murmur. Laboratory tests, EKG, and chest x-ray were ordered. Pain medication was prescribed which produced some relief for her discomfort.

The laboratory tests and EKG were interpreted and indicated the need for medical consult, which was provided by an internal medicine resident. The resident examined decedent after approximately twelve (12) hours of observation in the emergency room and described her chest pain as being "atypical." He also interpreted her EKG as normal and determined that the laboratory tests were also within normal limits. Decedent was diagnosed with esophagitis (inflammation of the esophagus) and was sent home on treatment with antacids.

Decedent followed the physician's instructions and returned home with her family, continuing to complain of chest discomfort and shortness of breath. She died at approximately 3:30 p.m. on January 25, 1984, on the porch of her home only a few hours after her discharge from LSU Medical Center.

On January 4, 1985, plaintiffs, decedent's husband (Louis Vester Archie) and her three major children (Bennie Louis Archie, Leatha Archie Fields, and Versie Archie Henry), filed a wrongful death and survival action against the Board of Supervisors of Louisiana State University and Agricultural and Mechanical College (Board). The Board filed a third party demand against Dr. A. C. Wadlington, which was dismissed by judgment dated March 30, 1987.

At trial, the Board stipulated liability, and the matter proceeded only on the issue of quantum. After trial, the trial judge awarded plaintiffs $15,000.00 in survival action damages and wrongful death damages as follows:

(1) Louis Vester Archie    $70,000.00
(2) Bennie Louis Archie    $30,000.00
(3) Leatha Archie Fields   $28,000.00
(4) Versie Archie Henry    $28,000.00

From the judgments awarding damages,[1] plaintiffs appeal, assigning the following errors:

*1351 I. The trial judge erred in casting certain aspersions upon the marital relationship between plaintiff, Louis Vester Archie, and his late wife, thus warranting a res nova determination of the appropriate award of general damages.
II. Alternatively, the trial judge erred in awarding inadequate general damages to the surviving husband.
III. The trial judge erred in awarding inadequate general damages for each of the three surviving children.
IV. The trial judge erred in failing to include in the judgments any award for the stipulated funeral expenses.
V. The trial court erred in inadvertently failing to award plaintiffs the medical expenses incident to the wrongful death at Union General Hospital.
VI. The trial judge erred in not awarding certain proven expenses as court costs.

STANDARD OF REVIEW

We have a constitutional duty to review the law and facts and render a judgment on quantum based on the merits, determining whether the trier of fact abused its "much discretion" that the law accords it in awarding damages. LSA-Const. art. 5, § 10(B); LSA-C.C. art. 1934(3), now LSA-C.C. art. 1999; Ard v. Samedan Oil Corporation, 483 So.2d 925 (La.1986); Carollo v. Wilson, 353 So.2d 249 (La.1977); Temple v. Liberty Mutual Ins. Co., 330 So.2d 891 (La.1976); Sexton v. Louisiana Vacuum Services, Inc., 506 So. 2d 780 (La.App. 1st Cir.1987).

Before an appellate court can disturb an award by a trial court, the record must clearly reflect that the trier of fact abused its discretion in making its award. In the event the appellate court finds from the record an abuse of discretion, the award may be disturbed by lowering (or raising) it to the highest (or lowest) point which is reasonably within the discretion afforded the trier of fact. Ard v. Samedan Oil Corporation, supra; Reck v. Stevens, 373 So.2d 498 (La.1979); Carollo v. Wilson, supra; Coco v. Winston Industries, Inc., 341 So.2d 332 (La.1976); Sexton v. Louisiana Vacuum Services, Inc., supra.

Plaintiffs contend that, in assessing quantum, the trial judge casted aspersions upon the marital relationship between plaintiff Louis Vester Archie and the decedent, thus warranting a res nova determination of the general damage award. In support of this contention, plaintiffs rely on Mart v. Hill, 505 So.2d 1120 (La.1987).

In Mart v. Hill, supra, the Louisiana Supreme Court determined that the trial judge erroneously determined that plaintiff's injuries were not caused by the accident. The court further stated:

[T]his finding was clearly wrong and resulted in a monetary award which incorrectly did not take into account the nature of plaintiff's injuries and the extent of his disability. The principles espoused in Coco do not apply in this case, since there was no award made for consequences of the accident past January, 1982, for the appellate court to review. Simply stated, Coco applies when an appellate court is asked to correct a fact finder's abuse of discretion in assessing the appropriate monetary award for a given injury. The principles are not applicable when a res nova review of quantum must be made to compensate a plaintiff for damages which the trial court did not believe were causally related to the accident. See, Jackson v. United States Fidelity and Guaranty Company,

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Bluebook (online)
543 So. 2d 1348, 1989 WL 48935, Counsel Stack Legal Research, https://law.counselstack.com/opinion/archie-v-bd-of-suprs-of-la-state-univ-lactapp-1989.