NOT DESIGNATED FOR PUBLICATION
STATE OF LOUISIANA
FIRST CIRCUIT
2025 CA 0059
DEMETRIS LAWSON
VERSUS
RANDEN GAUTREAU, JOHNSON CONTROLS FIRE PROTECTION, LP, AND OLD REPUBLIC INSURANCE COMPANY
NOV0 7 2025 Judgment Rendered:
Appealed from the Twenty -First Judicial District Court In and for the Parish of St. Helena State of Louisiana Case No. 24075
Honorable Charlotte H. Foster, Judge Presiding
Don R. Williams Counsel for Plaintiff/Appellant Baton Rouge, Louisiana Demetris Lawson
Arthur Landry New Orleans, Louisiana and-
David Forkner, pro hac vice Counsel for Defendants/ Appellees Bradley Deutchman, pro hac vice Randen Gautreaux and Johnson Washington, DC Controls Fire Protection, LP
BEFORE: LANIER, WOLFE AND HESTER, JJ. LANIER, J.
In this suit by the plaintiff/appellant, Demetris Lawson, against the
defendants/ appellees, Randen Gautreau and Johnson Controls Fire Protection, LP
Johnson Controls), the Twenty -First Judicial District Court rendered judgment in
favor of Ms. Lawson pursuant to a jury verdict, awarding Ms. Lawson $ 1, 150. 00
against the defendants/ appellees. For the following reasons, we affirm.
FACTS AND PROCEDURAL HISTORY
On August 20, 2018, Ms. Lawson was involved in an automobile accident,
with the other vehicle being driven by Mr. Gautreau, in St. Helena Parish. Mr.
Gautreau, traveling in a van westbound on La. 16, drifted across the center line and
into the eastbound lane, and then collided with an 18 -wheeler, in which Ms.
Lawson was a passenger. Ms. Lawson allegedly sustained both property damage
and personal injury. At the time of the accident, Mr. Gautreau was acting within
the course and scope of his employment with Johnson Controls. Mr. Gautreau and
Johnson Controls were insured by Old Republic Insurance Company ( Old
Republic).
In her petition for damages, Ms. Lawson claimed she suffered the following:
past, present, and future medical expenses; past, present, and future physical pain
and suffering; past, present, and future mental anguish; past, present, and future
emotional distress; past, present, and future loss of enjoyment of life; past, present,
and future lost wages; loss of future earning capacity; and any and all other
damages that could be proven at trial. Ms. Lawson estimated that her damages
exceeded $ 50, 000. 00.
On April 5, 2021, the parties filed a joint stipulation, in which the defendants
admitted liability for the accident, that Mr. Gautreau was acting in the course and
scope of his employment with Johnson Controls at the time of the accident, and
that Mr. Gautreau and Johnson Controls were insured by Old Republic at the time
2 of the accident. The parties proceeded to trial on the issue of quantum for Ms.
Lawson' s injuries.
A trial by jury in the matter commenced on March 6, 2023, and concluded
on March 10, 2023. The jury verdict form read as follows:
1. Do you find by a preponderance of evidence that Demetris Lawson suffered any injuries or aggravation of any pre-existing injuries as result of the accident that occurred on August 20, 2018? [ Answer is " Yes"]
2. What amount of damages, expressed in dollars, will reasonably and adequately compensate Demetris Lawson for the injuries suffered as a result of the accident that occurred on August 20, 2018?
Physical Pain and Suffering, Past & Future .............. $ 1, 150. 00 Mental Anguish and Emotional Distress, Past & Future ................................................. $ 0. 00 Loss of enjoyment of Life, Past & Future ................ $ 0. 00 TOTAL: $ 19150, 00
The trial court polled the jury, and the polling revealed that ten of the twelve jurors
agreed with the verdict. The trial court found the verdict to be correct and in
appropriate form, and adopted the verdict as its judgment. The trial court signed
the judgment on April 4, 2023.
Ms. Lawson filed a motion for judgment notwithstanding the verdict, or in
the alternative, motion for new trial, on April 13, 2023. Ms. Lawson argued that
no reasonable jury could have reached the jury' s verdict based on the evidence
presented at trial, that her award was abusively low, that the facts pointed so
strongly and overwhelmingly in her favor for a higher award, and that the jury' s
verdict was unreasonable. The trial court denied the motion. Ms. Lawson has
appealed the April 4, 2023 judgment.'
t The motion for devolutive appeal names Demetris Lawson and her husband Trevor Lawson as plaintiffs; however, Mr. Lawson' s claims were apparently dismissed in a separate matter prior to the filing of the instant appeal. Mr. Lawson is not a party to this appeal.
3 Ms. Lawson argues that the jury abused its discretion and/or committed
manifest error in awarding only $ 1, 150. 00 in general damages for past and future
physical pain and suffering, nothing for past and future mental anguish and
emotional distress, and nothing for past and future loss of enjoyment of life. She
further argues that the jury' s general damages awards should be increased to a
reasonable amount.
S'T'ANDARD OF REVIEW
A court of appeal may not set aside a trial court' s or a jury' s finding of fact
in the absence of "manifest error" or unless it is " clearly wrong." Stobart v. State
through Dept. of Transp. and Development, 617 So.2d 880, 882 ( La. 1993). This
court has announced a two-part test for the reversal of a factfinder' s
determinations: 1) the appellate court must find from the record that. a reasonable
factual basis does not exist for the finding of the trial court, and 2) the appellate
court must further determine that the record establishes that the finding is clearly
wrong ( manifestly erroneous). This test dictates that a reviewing court must do
more than simply review the record for some evidence which supports or
controverts the trial court' s finding. The reviewing court must review the record in
its entirety to determine whether the trial court' s finding was clearly wrong or
manifestly erroneous. Id.
DISCUSSION
At trial, testimony of various witnesses was introduced into evidence, some
live and some by video deposition. The following are summations of those
testimonies as they pertain to Ms. Lawson' s injuries.2
A number of video depositions and documents, all admitted as evidence at trial, were not included with the appellate record that is before us. After the instant appeal was lodged with this court, Ms. Lawson filed a number of motions for extensions of time to file her brief and to supplement the appellate record from February to May of 2025, due to these evidentiary items not being included in the record. On March 21, 2025, this court denied Ms. Lawson' s second
S Amanda Easley, APRN
Amanda Easley, a nurse practitioner for an occupational clinic, is qualified to conduct physical examinations on behalf of the United States Department of
Transportation ( DOT). Nurse Easley performed such an examination on Ms.
Lawson on June 13, 2018, approximately two months prior to the accident. Nurse
Easley noted that at the time of the examination, Ms. Lawson reported having
hypertension, high cholesterol, and history of a broken leg in 2007.
Nurse Easley testified that in order to have a commercial driver' s license, the
DOT allows a driver to have high blood pressure and high cholesterol, so long as
those conditions remain under control. Ms. Lawson was taking medication to keep
her cholesterol level and blood pressure controlled. Nurse Easley also stated that
although Ms. Lawson took diabetes medication, there was no evidence of glucose
in her bloodstream. Ms. Lawson was able to complete the climbing, squatting, and
bending tests. Nurse Easley testified that Ms. Lawson passed the DOT physical
and gained certification for a commercial driver' s license on June 13, 2018.
On cross- examination, defense counsel showed to Nurse Easley Ms.
Lawson' s record of admission to Our Lady of the Lake Hospital ( OLOL), dated
July 9, 2009. The record indicated that Ms. Lawson' s chief complaint upon being
admitted to the hospital was " chest pain," and a diagnosis of " chest pain" and
anxiety." Nurse Easley responded that those were conditions she asked Ms.
Lawson about during the DOT physical, which Ms. Lawson did not state that she
had. In another admission record from OLOL, dated December 23 to 24, 2010,
Ms. Lawson presented with " chest pain and shortness of breath." Ms. Lawson was
motion to supplement the record on appeal, ruling that "[ a] request to supplement the appellate record is more properly directed to the district court. See [ La. C. C. P.] arts. 2132 & 2088( A)(4)." As of the rendering of this opinion, this court has not received any supplementation of the record from the district court.
5 diagnosed with acute chest pain, acute dyspnea, and acute back pain, conditions
that were not disclosed to Nurse Easley during the DOT examination.
Further, in another admission to OLOL from August 28, 2011, Ms. Lawson
presented with " non- productive cough" and " shortness of breath." The record also
indicated that Ms. Lawson had a nebulizer to treat asthma. Ms. Lawson was
diagnosed with cough, asthma, and acute asthma exacerbation. These conditions
were not disclosed by Ms. Lawson to Nurse Easley at the DOT examination. In
another admission record of August 30, 2011, Ms. Lawson complained of
palpitations... heart fluttering onset one hour ago, feels faint, short of breath and
nauseated." She was diagnosed with acute heart palpitation, anxiety, acute
dyspnea, and dizziness, but did not disclose these conditions to Nurse Easley at the
DOT examination.
During another admission to OLOL on April 2, 2012, Ms. Lawson again
complained of palpitations, chest pain, and headache due to stress. Ms. Lawson
was diagnosed with anxiety disorder, but Nurse Easley was not informed by Ms.
Lawson of these conditions at the DOT examination. In an admission record to
LSU Health on June 28, 2013, Ms. Lawson complained of shortness of breath and
presented a history of type 2 diabetes, which is an ongoing condition. In another
OLOL admission dated April 27, 2014, Ms. Lawson' s chief complaint was chest
pain and shortness of breath, and in another OLOL admission from August 13,
2014, Ms. Lawson was diagnosed with acute cervical radioculopathy ( neck pain),
arm pain, and shoulder sprain. Nurse Easley was not told of any of these
conditions at the DOT examination.
Finally, in a OLOL admission record of August 28, 2015, Ms. Lawson
reported a history of a motor vehicle accident. Her diagnosis on that date was back
sprain, cervical sprain, and head injury. These conditions were not disclosed to
Nurse Easley at the DOT examination.
on t. Kenneth Giacone
Sergeant Kenneth Giacone of the Louisiana State Police investigated the
scene of the accident on August 20, 2018. He stated that he arrived on the scene
about ten minutes after the accident occurred, and, based on his experience as a
crash scene investigator, determined the van driven by Mr. Gautreau had come to a
controlled stop, which was approximately a tenth of a mile in distance. Sgt.
Giacone did not note any risk of rupture of the gas tanks on the 18 -wheeler, of
which Ms. Lawson was a passenger. (
Kendra Williams
Kendra Williams, a licensed professional counselor, first met with Ms.
Lawson on July 17, 2019. Ms. Lawson reported to Ms. Williams severe anxiety,
sleep disturbances, depressed mood, and intrusive thoughts. Ms. Lawson also told
Ms. Williams that she was in a lot of physical pain, which was causing her
emotional distress and interfered with her sleep. Ms. Lawson told Ms. Williams
that she began experiencing these symptoms " since the time of her injury." Ms.
Lawson described the event of this " injury" as " hit on the back of a truck." Ms.
Williams stated that she met with Ms. Lawson for an hour a total of six times
between the initial visit and January 30, 2020.
Nadia Ebanks
Nadia Ebanks, a licensed clinical social worker and board approved clinical
supervisor, who was accepted by the trial court as an expert on social work, met
with Ms. Lawson on June 8, 2019, after Ms. Lawson reported experiencing anxiety due to a car accident. Ms. Ebanks referred Ms. Lawson to Dr. Chandra Katta, a
psychiatrist, while witnessing Ms. Lawson become hysterical after discussing the
accident. Ms. Lawson stated to Ms. Ebanks that she felt she was " near death"
during the accident, and began to panic and hyperventilate as she related the details
of the accident. Ms. Lawson exhibited the same behavior to Ms. Ebanks on
7 follow-up visits. Ms. Ebanks stated that Ms. Lawson did not share any prior
psychiatric history with her, but reported having hypertension, asthma, and high
cholesterol.
Ms. Ebanks was present in the courtroom when Nurse Easley testified, and
she testified that Ms. Lawson did not make her aware of her prior hospitalizations,
although it is rare for a client to provide medical records to her. Ms. Lawson
detailed her physical injuries from the accident to Ms. Ebanks. Ms. Lawson
claimed she had bruises, cuts to the neck, back injuries, buttocks injuries, an injury
to her left arm, and a knee and muscle injury to her right leg. Ms. Lawson also told
Ms. Ebanks that she was disabled and at the time unable to work.
Chandra Katta MD.
Dr. Katta, accepted by the trial court as an expert in psychiatry, examined
Ms. Lawson on June 8, 2019, almost one year after the accident, for her physical
and mental injuries. She diagnosed Ms. Lawson with post-traumatic stress
disorder ( PTSD). Dr. Katta was aware of Ms. Lawson' s August 20, 2018 accident
at the time of her examination. Ms. Lawson reported to Dr. Katta reoccurring
flashbacks and nightmares of the accident, which resulted in panic attacks,
depression, problems with sleep, and pain. Ms. Lawson also exhibited startled
reflexes, irritability, crying spells, and meltdowns, all progressing from the time of
the accident. Dr. Katta testified that it was more probable than not that these
symptoms stemmed from the August 20, 2018 accident. Based on the diagnosis,
Dr. Katta prescribed to Ms. Lawson Xanax for anxiety and Trazadone for sleep.
On cross- examination, Dr. Katta testified that she met with Ms. Lawson four
or five times. In all of her visits, Ms. Lawson did not provide to Dr. Katta any
records of her prior mental health history, but Dr. Katta was made aware that Ms.
Lawson had never before received psychiatric treatment. Dr. Katta was in the
courtroom when Nurse Easley testified, and she heard the multiple diagnoses that Ms. Lawson received from the hospitals she visited, including anxiety, and Dr.
Katta testified that those diagnoses were not revealed to her by Ms. Lawson.
Meredith Warner M.I.
Dr. Warner, accepted by the trial court as an expert in orthopedic surgery,
was retained by the defendants to personally evaluate Ms. Lawson. She received
medical records of Ms. Lawson in connection with the evaluation. Dr. Warner
attempted in her evaluation to locate sources of pain on Ms. Lawson, but Ms.
Lawson appeared to have total body pain, and locating sources of pain proved to be
difficult. Dr. Warner testified that many of the conditions that Ms. Lawson had
prior to the August 20, 2018 accident, including obesity and her age, were
contributing factors to her pain.
Dr. Warner stated that in her evaluation of Ms. Warner, she could find no
objective evidence of an actual injury stemming from the accident; in other words,
she found no evidence of broken bones, dislocated joints, torn ligaments or muscle,
etc. However, she did find evidence of preexisting joint derangement, which was
consistent with the degenerative conditions found in Ms. Lawson' s medical
records.
In reviewing Ms. Lawson' s medical records from her treatment on the day of
the accident, Dr. Warner did not find any evidence of fractures or dislocations, but
did see evidence of an abrasion or laceration on the right knee, which was treated
on that day in the emergency room. X-rays of Ms. Lawson on the day of the
accident did not indicate any abnormalities. Dr. Warner concluded that Ms.
Lawson' s knee pain was consistent with preexisting degenerative conditions in her knees. Dr. Warner also concluded that Ms. Lawson' s back pain was consistent
with preexisting degenerative conditions in her spine.
Dr. Warner testified that she did not believe that any orthopedic surgery or
invasive pain treatments would satisfactorily address Ms. Lawson' s complaints of pain. This was largely due to testing done on Ms. Lawson on the day of her
accident, when no specific sources of pain could be found on her. Dr. Warner
concluded that the procedures that Ms. Lawson underwent to treat her symptoms of
pain could not be attributed to the August 20, 2018 accident.
From reviewing Ms. Lawson' s medical records, Dr. Warner found evidence
of conditions that could contribute to ongoing pain issues for Ms. Lawson: ulcer
pains in Ms. Lawson from April 6, 2007; knee, foot, leg and back pain after a slip
on May 31, 2008; ankle pain after a fall on October 25, 2008; acute low back pain,
ankle sprain on March 7, 2011; arm and neck pain, numbness in fingers, and
complaints of severe myalgia on July 6, 2014; and neck pain in February of 2015.
From an MRI of July 9, 2011, a vertebral tear was discovered in the L4- 5 area of
Ms. Lawson' s spine. Dr. Warner stated that the tear was the result of the disc' s
degeneration.
Dr. Warner also discovered from the medical records that Ms. Lawson had
been in a motor vehicle accident on August 28, 2015, the same record that was
shown to Nurse Easley, where Ms. Lawson complained of shoulder, hip, neck and
low back pain. There was also a complaint on September 1, 2015 of hip pain
persisting from the August 28, 2015 accident and another complaint on September
23, 2015 of pain persisting from that accident. On March 6, 2017, Ms. Lawson
was diagnosed with a foot fracture after dropping a water bottle on her foot. Ms.
Lawson reported lumbar tenderness, headaches, and low back pain in January of
2018. Her next medical history was the August 20, 2018 accident. Dr. Warner
concluded that Ms. Lawson had a number of preexisting complaints of pain in
different parts of her body prior to the August 20, 2018 accident, and that it was
not medically probable that her complaints were caused by that accident.
On cross- examination, Dr. Warner agreed that for about eight months prior
to the accident, Ms. Lawson did not present with neck pain or low back pain, or
10 right knee pain. Dr. Warner also agreed that a broken bone, dislocation, or a torn
ligament is not necessary to conduct any kind of pain treatment.
Antonio Williams
Antonio Williams, a neighbor of the Lawsons for almost twenty years and
very familiar with them, stated that prior to the August 20, 2018 accident, Ms.
Lawson would often take walks in the neighborhood and actively play with her
grandchildren. Mr. Williams testified that after the accident, he did not see Ms.
Lawson go outside as often as he used to. Ms. Lawson would no longer take walks
around the neighborhood or play with her grandchildren. Mr. Williams testified
that Ms. Lawson walked differently since the accident, " like she' s cripple[ d]." He
had seen Ms. Lawson walk with difficulty for about five years prior to trial, and
she would need help out of her car. When Mr. Williams would help Ms. Lawson
out of her car, he would see her crying. Mr. Lawson would then help Ms. Lawson
walk into their house.
On cross- examination, Mr. Williams stated that although he is familiar with
the Lawsons, he does not socialize with them. He was not sure when the car
accident at issue in this case occurred and had no details of it. Mr. Williams also
stated that he is not aware of Ms. Lawson' s medical conditions and does not know
the reason for Ms. Lawson' s decline in health.
Joyce Beckwith
Joyce Beckwith, a licensed and certified vocational rehabilitation counselor,
was retained by Ms. Lawson to do a vocational assessment. Ms. Beckwith
conducted an interview by telephone with Ms. Lawson on October 30, 2019, and
reviewed Ms. Lawson' s medical history. She testified that Ms. Lawson told her
that although she had a bachelor' s degree in social work, she was not employed as
a social worker and at the time of the accident, she was nearing graduation from
Diesel Driving Academy. Ms. Beckwith stated that after interviewing Ms. Lawson
11 and reviewing her medical history, she was not physically qualified for a position
in the truck driving industry.
Ms. Beckwith stated that tractor -trailer drivers in the Baton Rouge area earn
from $ 11. 21 to $ 30.23 per hour. However, due to her health conditions, Ms.
Lawson would only qualify for minimum wage -level employment, which was
approximately $ 10. 00 to $ 13. 00 per hour, despite her bachelor' s degree.
Moreover, Ms. Beckwith testified that while Ms. Lawson was undergoing medical
treatment, she was not capable of working.
On cross- examination, Ms. Beckwith stated that she only reviewed Ms.
Lawson' s medical history post -accident, and was not aware if she had reviewed
any history from before the accident. She further stated that the only way she
could know of Ms. Lawson' s medical history from before the accident would be if
Ms. Lawson had told her about it, which Ms. Lawson did not do. Ms. Beckwith
had no knowledge of Ms. Lawson having a history of recurring back pain or knee
pain, or neck pain.
Ms. Lawson stated that she received a bachelor' s degree in social work from
Southern University in 2016, and that she had attended Diesel Driving Academy to
obtain a commercial driver' s license just prior to the August 20, 2018 accident, but
did not graduate due to the accident. She stated that prior to the accident, she
would exercise and walk around her neighborhood. Ms. Lawson would also play
with her grandson. She also cooked, cleaned, shopped, and traveled. Ms. Lawson
also stated that at the time she took the DOT physical examination with Nurse
Easley, she had high blood pressure and cholesterol, asthma, and insulin resistance,
and gave her a list of all medications she was taking at the time. She did not
experience any physical pain while doing the bending, squatting, and toe touching
portions of the examination, but she stated that as of the day of trial, she could not
12 perform those movements without experiencing pain and stability issues. Ms.
Lawson stated that prior to the August 20, 2018 accident, she did not have pain
issues with her neck, lower back, or knee.
Ms. Lawson stated that on August 20, 2018, she was the passenger in an 18 -
wheeler that was driven by a fellow Diesel Driving Academy student. Ms. Lawson
was seated behind the driver. She could see Mr. Gautreau' s vehicle approaching
and braced for impact. Upon impact, Ms. Lawson testified she was ejected from
her seat and hit her head, rendering her unconscious. There was no seatbelt for Ms.
Lawson to wear in her seat. She testified the truck she was in was driving at about
40 to 45 miles per hour at impact. Upon regaining consciousness, Ms. Lawson
claimed that she experienced " terrible pain" in her knee, neck, and back. Ms.
Lawson claimed to have seen smoke coming from the location of the truck' s gas
tank. Ms. Lawson needed assistance to exit the truck and move away from it. At
trial, Ms. Lawson wept upon being shown a photograph of the crash scene.
Ms. Lawson stated she received " minimal treatment" at the emergency room
of Hood Memorial Hospital, where she stayed from mid-afternoon to the evening
of August 20, 2018. She then went from Hood to OLOL because she thought she
could get better care. She returned to her home the next morning. While at home,
Ms. Lawson was confined to her bed and sedated due to her pain. Ms. Lawson
testified she received injections for her pain, and they gave her some relief,
enabling her to get out of bed and walk around her house. Due to her pain, Ms.
Lawson had trouble sleeping up until the day of the trial.
Ms. Lawson also underwent conservative physical therapy for her back, and
she received medication for headaches. She also received physical therapy for her
knee, but needed the aid of a walker. She also received a debridement for her
knee. After receiving more injections for pain, Ms. Lawson was eventually able to
walk outside, and eventually around her block. However, since the accident, her
13 walks are much shorter and less frequent, and she no longer exercises. She is no
longer able to play with her grandson, although she still takes care of him.
Standing for too long is also painful to Ms. Lawson, and if she bends, she has
difficulty getting back up.
Ms. Lawson testified that since the accident, her sex life with her husband
has diminished due to her physical pain. Mr. Lawson often has to help her do
simple physical tasks and chores that she used to do on her own. She testified that
since the accident, she has a fear of 18 -wheelers, and is fearful whenever one
drives near or past her. She had psychological treatment and mental health
counseling after being diagnosed with anxiety and PTSD. Ms. Lawson did not
drive for a couple of years after the accident due to her fear, but she has resumed
driving. She stated that she has also been diagnosed with depression since the
accident due to a lack of energy, will to get out of bed, and desire to be social.
On cross- examination, Ms. Lawson acknowledged that the discharge notes
she received from Hood Memorial Hospital from the day of the accident indicated
that she was discharged in good condition, although she left in a wheelchair. She
also acknowledged that the CT scan result of her head from OLOL indicated " no
acute intracranial abnormality seen," and that her MRI results indicated " normal
MRI examination of the brain." She also admitted that she presented with head
and back pain after her 2015 car accident. A CT scan from that time also indicated
normal." Ms. Lawson further admitted that although she claimed she had no head
issues during her DOT examination, she presented on four separate occasions prior
to the August 20, 2018 accident with head pain.
Ms. Lawson acknowledged that in 2014, she had a CT scan of her neck, and
the results indicated " normal," although she had presented with severe neck pain.
She presented with severe neck pain after the 2015 accident as well. The CT scan
indicated spondylosis, or degeneration of the spine, in her neck. She again
14 complained of neck pain in January of 2018. Despite her previous complaints of
neck pain, Ms. Lawson acknowledged that she denied having neck pain at her
DOT examination. Ms. Lawson acknowledged she injured her back in 1990,
resulting in chronic back pain. She admitted being diagnosed with spinal
degeneration in her back in 2011. Ms. Lawson admitted to not disclosing any of
her back issues during her DOT examination.
Ms. Lawson acknowledged that when she went to OLOL after the August
20, 2018 accident, the x-rays of her back indicated " no acute fracture" and " no
malignment" of her back. The CT scan of her back indicated " no acute bony
abnormality." However, the MRI indicated that she had spondylosis in her back.
Ms. Lawson acknowledged that since the August 20, 2018 accident, she had not
had, nor had any doctor recommended her for surgery on her back, neck, or knee.
She admitted at trial that the accident aggravated her preexisting conditions,
although she denied any aggravation of her preexisting conditions in her
interrogatories.
As for her injured knee, Ms. Lawson admitted that the x-rays from Hood
indicated that she did not have a fracture, dislocation, or torn ligament in her right
knee. However, the x-rays indicated degeneration in her right knee. She also
acknowledged that the OLOL x-rays of her knee taken after the Hood x-rays found
no acute pathology in her right knee. OLOL' s MRI of her knee indicated full
range of motion, but also degeneration.
Ms. Lawson acknowledged that she as diagnosed with anxiety in 2011 and
2012. However, at her DOT examination, she denied having anxiety, depression,
nervousness, or other mental health problems. She also denied at the DOT
examination having a sleep test done on her, although she admitted on cross-
examination having a sleep test done in 2012. Ms. Lawson also acknowledged that
in her interrogatories, she stated she had not been involved in a car accident five
15 years before or after August 20, 2018, although evidence had shown she had been
involved in one car accident in 2015, and then another after August 20, 2018.
Trevor Lawson
Trevor Lawson, Ms. Lawson' s husband since 2000, testified that prior to
August 20, 2018, he and Ms. Lawson would frequently exercise and take walks in
their neighborhood. He stated Ms. Lawson also taught dancing to children in
2011, when they were in their thirties. They also traveled frequently, usually on
car trips. He testified that Ms. Lawson would normally take care of housework
while he took care of yardwork. He and Ms. Lawson owned a company together
until 2016, and prior to that, Ms. Lawson attended Southern University. She also
took care of their grandson once he was born. Mr. Lawson testified that up until
2017, he was unaware of any injuries or physical difficulties Ms. Lawson might
have had, nor was he aware of any medical procedures she might have had.
Mr. Lawson testified that since the accident of August 20, 2018, he has had
to take on all of Ms. Lawson' s physical household duties. She could no longer
teach dancing or physically play with their grandson. She could no longer exercise
and very seldom had sexual relations with him. Mr. Lawson also stated he has to
assist Ms. Lawson with getting in and out of the bathtub and the car. Mr. Lawson
then testified that he did remember Ms. Lawson being injured in the past, but that
he never had to assist her with moving due to those injuries.
CONCLUSION
The Louisiana Supreme Court recently expounded on the important role of
juries, noting that juries are held in high regard, and therefore great deference
should be accorded in their decisions. See Eastman v. State Farm Mutual
Automobile Insurance Company, 2023- 01107 ( La. 5/ 1/ 24), 384 So. 3d 865, 872.
Thus, overturning a jury' s verdict that is reasonably supported by the record is, in
essence, the denial of the parties' right to be heard and judged by the jury. Id.
16 After a thorough review of all the evidence contained in the record, we find
that the jury' s verdict was not manifestly erroneous or an abuse of its discretion. Ms. Lawson presented a large amount of evidence to substantiate her injuries.
However, on cross- examination, the defendants sufficiently called Ms. Lawson' s
injuries into question. Most strikingly, Nurse Easley stated that she was not aware
of a number of Ms. Lawson' s preexisting health issues for the DOT examination
because Ms. Lawson did not disclose them to her. Moreover, Ms. Lawson did not
disclose to Dr. Katta her previous mental health diagnoses before Dr. Katta
evaluated her. Dr. Warner, who independently examined Ms. Lawson, testified
that at the time of the accident in question, Ms. Lawson already had a number of
degenerative conditions in her neck, back, and knee that were not caused by the
accident.
Ms. Lawson and the defendants presented competing evidence on the issue
of her damages. The jury ultimately made a reasonable decision supported by the
evidence, and concluded that the totality of evidence did not substantiate Ms.
Lawson' s claims beyond the $ 1, 150. 00 that was awarded, obviously finding that
the evidence put forth by Ms. Lawson was not credible enough to award more. We
therefore give the jury' s verdict the deference to which it is entitled, and affirm the
judgment incorporating the jury' s findings. See Hargis v. Delta Development
Partnership, 2007- 2418 ( La. App. 1 Cir. 8121108), 994 So. 2d 69, 77.
The judgment of the Twenty -First Judicial District Court, pursuant to the
jury verdict awarding the plaintiff, Demetris Lawson, $ 1, 150. 00 in damages, is
affirmed. Costs of this appeal are assessed to Demetris Lawson.
AFFIRMED.