Broussard v. Meaux

649 So. 2d 661, 1994 WL 597692
CourtLouisiana Court of Appeal
DecidedNovember 2, 1994
Docket94-313
StatusPublished
Cited by3 cases

This text of 649 So. 2d 661 (Broussard v. Meaux) 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
Broussard v. Meaux, 649 So. 2d 661, 1994 WL 597692 (La. Ct. App. 1994).

Opinion

649 So.2d 661 (1994)

Vincent BROUSSARD, Plaintiff-Appellee,
v.
Matthew C. MEAUX, et al., Defendant-Appellant.

No. 94-313.

Court of Appeal of Louisiana, Third Circuit.

November 2, 1994.

*663 Michael John Mestayer, Stephen Francis Mestayer, for Vincent Broussard.

Stephen Hawley Myers, for Matthew C. Meaux et al.

Stacy Skolfield Lee, for Allstate Ins.

Before DOUCET, PETERS, and BERTRAND[*], JJ.

PETERS, Judge.

Vincent and Octavia Broussard, husband and wife, sustained personal injuries in a two vehicle accident that occurred on March 1, 1991, in Iberia Parish, Louisiana. They instituted this action against Matthew Meaux, as driver of the automobile which struck their vehicle; Meaux's liability insurer, State Farm Mutual Automobile Insurance Company (State Farm); and their uninsured motorist insurance carrier, Allstate Insurance Company (Allstate), to recover for their losses. The suit was later amended to include Meaux's Auto Parts (sometimes referred to in the record as Meaux's Auto Parts and Industrial Supplies, Inc.) as a defendant.

In March of 1992 Vincent Broussard died of causes not related to the accident, and his surviving spouse and children (Mary B. Sigue, Elizabeth B. Armstead, Valerie B. Brooks, Vincent Broussard, Jr., Jerry Broussard, Eugene Broussard, and Theodore Broussard) were substituted as plaintiffs in his claim for damages. Prior to trial, the defendants stipulated that the accident was caused solely and exclusively by the negligence of Matthew Meaux and stipulated to the amount of past medical expenses. In exchange for this stipulation, the plaintiffs released Matthew Meaux and Meaux's Auto Parts from the litigation. At trial the jury awarded the plaintiffs $33,215.00 in damages for the pain and suffering, past medical expenses, loss of consortium, and economic loss of Vincent Broussard. Octavia Broussard was awarded a total of $94,050.00 in damages to compensate for her past and future pain and suffering, past and future medical expenses, and loss of consortium. State Farm has appealed this verdict.

FACTS

On March 1, 1991, Vincent and Octavia Broussard were traveling east on Louisiana Highway 674. At the same time Matthew Meaux was traveling west on Highway 674 and was approaching the Broussard vehicle. The accident occurred when the vehicle in front of Meaux slowed to make a right turn and Meaux failed to apply his brakes in time. His truck veered into the eastbound lane and collided with the Broussard's vehicle. As a result of the collision, both Mr. and Mrs. Broussard sustained injury.

The only issue before the jury was the extent and value of these injuries in terms of general and special damages. In answering *664 the interrogatories propounded to it, the jury made the following findings:

Damages sustained by Vincent Broussard
     Past medical expenses.                     $ 3,415.00
     Economic Loss.                               2,300.00
     Pain and suffering, both physical and
       mental (past and present), disability
       and loss of enjoyment of life.            20,000.00
     Loss of consortium.                          7,500.00
                                                __________
     TOTAL                                      $33,215.00
Damages sustained by Octavia Broussard
     Past medical expenses.                     $ 4,350.00
     Future medical expenses.                     4,700.00
     Pain and suffering, both physical and
       mental (past and present), disability
       and loss of enjoyment of life.            77,500.00
     Loss of consortium.                          7,500.00
                                                __________
TOTAL                                           $94,050.00

The defendants argue that the damages awarded to the Broussards were both excessive and unsupported by the record.

SCOPE OF REVIEW

In its review of damage awards, the appellate court should not determine what it considers to be the appropriate award, but should examine the record to review the exercise of discretion by the trial court. Reck v. Stevens, 373 So.2d 498 (La.1979). Only if the reviewing court determines there was an abuse of discretion by the trier of fact should it reevaluate the evidence and decide what it thinks is an appropriate award. Coco v. Winston Industries, Inc., 341 So.2d 332 (La.1976). Citing Reck with approval, the Louisiana Supreme Court in Youn v. Maritime Overseas Corp., 623 So.2d 1257, 1260-1261 (La.1993), recently provided additional guidance as to the proper review of damages:

"In Reck v. Stevens, 373 So.2d 498 (La. 1979), this Court commented on appellate review of general damage awards and on the "much discretion" in fixing damages accorded to trial courts by La.Civ.Code art. 1934(3) (1870). The decision pointed out that the role of an appellate court in reviewing general damages is not to decide what it considers to be an appropriate award, but rather to review the exercise of discretion by the trier of fact. Each case is different, and the adequacy or inadequacy of the award should be determined by the facts or circumstances particular to the case under consideration.
"In Reck, this court disapproved the appellate court's simply reviewing the medical evidence and then concluding that the award for those injuries was excessive, without taking into consideration the particular effect of the particular injuries on the particular plaintiff. This court further disapproved of the use of a scale of prior awards in cases with generically similar medical injuries to determine whether the particular trier of fact abused its discretion in the awards to the particular plaintiff under the facts and circumstances peculiar to the particular case. The initial inquiry is whether the award for the particular injuries and their effects under the particular circumstances on the particular injured person is a clear abuse of the "much discretion" of the trier of fact. (citations omitted). Only after such a determination of an abuse of discretion is a resort to prior awards appropriate and then for the purpose of determining the highest or lowest point which is reasonably within that discretion. (citations omitted).
"The standard for appellate review of general damage awards is difficult to express and is necessarily non-specific, and the requirement of an articulated basis for disturbing such awards gives little guidance as to what articulation suffices to justify modification of a generous or stingy award. Nevertheless, the theme that emerges from Gaspard v. LeMaire, 245 La. 239, 158 So.2d 149 (1963) through Coco v. Winston Industries, Inc., 341 So.2d 332 (La.1976), and through Reck to the present case is that the discretion vested in the trier of fact is "great," and even vast, so that an appellate court should rarely disturb an award of general damages. Reasonable persons frequently disagree about the measure of general damages in a particular case. It is only when the award is, in either direction, beyond that which a reasonable trier of fact could assess for the effects of the particular injury to the particular plaintiff under the particular circumstances that the appellate court should increase or reduce the award."

Thus, the threshold inquiry is whether the verdict in this case is a clear abuse of the *665 "great" discretion of the trier of fact.

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649 So. 2d 661, 1994 WL 597692, Counsel Stack Legal Research, https://law.counselstack.com/opinion/broussard-v-meaux-lactapp-1994.