Farmer v. PATRICIAN SLP, LLC

997 So. 2d 578, 2008 WL 4415123
CourtLouisiana Court of Appeal
DecidedOctober 1, 2008
Docket43,601-CA
StatusPublished
Cited by6 cases

This text of 997 So. 2d 578 (Farmer v. PATRICIAN SLP, LLC) 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
Farmer v. PATRICIAN SLP, LLC, 997 So. 2d 578, 2008 WL 4415123 (La. Ct. App. 2008).

Opinion

997 So.2d 578 (2008)

Gary L. FARMER, Plaintiff-Appellant,
v.
PATRICIAN SLP, L.L.C., d/b/a Spring Lake Point Apartments and Steadfast Insurance Company, Defendants-Appellees.

No. 43,601-CA.

Court of Appeal of Louisiana, Second Circuit.

October 1, 2008.

*580 L. Havard Scott, III, for Appellant.

Stephens & Robicheaux by Temple A. Stephens, Metairie, Carl W. Robicheaux, Kristen B. Menard, for Appellees.

Before GASKINS, PEATROSS & DREW, JJ.

PEATROSS, J.

Plaintiff, Gary L. Farmer, was injured while on the property of Defendants, Patrician SLP, L.L.C., d/b/a Spring Lake Point Apartments, and Steadfast Insurance Company. Defendants stipulated liability. After a trial on damages, the jury awarded Plaintiff a total of $329,500. Plaintiff appeals, seeking an increase in damages. For the reasons set forth herein, we amend the judgment and, as amended, we affirm.

FACTS

In September 2005, Plaintiff was visiting his son at his apartment owned by Defendant Patrician SLP. L.L.C., d/b/a Spring *581 Lake Point Apartments, which is insured by Defendant Steadfast Insurance Company. Plaintiff was injured when a defective railing on the second floor balcony gave way causing Plaintiff to fall over fifteen feet. Plaintiff's injuries included crushed wrist fractures, a shortening of the radius bone in both arms, a nerve compression at the left elbow, a widened mediastinum, which is a sign of a chest injury, and an aggravation of two of his spine joints in the neck. Plaintiff's injuries, particularly his broken wrists, required multiple surgeries to treat. At the time of the injury, Plaintiff was 52 years old, worked as a car salesmen and had two adult sons.

Defendants stipulated pretrial that they were 100% liable for Plaintiff's injuries. A jury trial was held on the sole issue of damages. The jury awarded Plaintiff $39,000 for past medical expenses; $50,000 for future medical expenses; $75,000 for pain, suffering and mental anguish, past and future; $12,500 for loss of quality and enjoyment of life, past and future; and $153,000 for loss of income and/or earning capacity. The total award was $329,500.

Plaintiff filed a Motion for New Trial/Judgment Notwithstanding the Verdict (JNOV) seeking an increase in damages. The trial court denied the motion. This appeal ensued.

DISCUSSION

General Damages

Plaintiff argues that the jury award of $75,000 for general damages, listed as pain, suffering and mental anguish, past and future on the jury form, is abusively low.

General damages are those which may not be fixed with pecuniary exactitude; instead, they involve "mental or physical pain or suffering, inconvenience, the loss of intellectual gratification or physical enjoyment, or other losses of life or lifestyle which cannot be definitely measured in monetary terms." Bellard v. American Cent. Ins. Co., 07-1335 (La.4/18/08), 980 So.2d 654; Kaiser v. Hardin, 06-2092 (La.4/11/07), 953 So.2d 802; Duncan v. Kansas City Railway Co., 00-0066 (La. 10/30/00), 773 So.2d 670. In the assessment of damages in cases of offenses, quasi offenses and quasi contracts, much discretion is left to the judge or jury. La. C.C. art. 2324.1; Duncan, supra. The role of the appellate court in reviewing awards of general damages is not to decide what it considers an appropriate award, but rather to review the exercise of discretion of the trier of fact. Id.; Youn v. Maritime Overseas Corp., 92-3017 (La.9/3/93), 623 So.2d 1257, cert. denied, 510 U.S. 1114, 114 S.Ct. 1059, 127 L.Ed.2d 379 (1994). The initial inquiry is whether the trier of fact abused its vast discretion in assessing the amount of damages. Duncan, supra. Only after finding that the trier of fact abused its great discretion may the appellate court resort to prior awards, and then only to determine the highest or lowest point reasonably within that discretion. Duncan, supra; Coco v. Winston Industries, Inc., 341 So.2d 332 (La. 1976). An abusively low award is raised to the lowest amount the trier of fact could have reasonably awarded, while an abusively high award is reduced to the highest amount the trier of fact could have reasonably awarded. Locke v. Young, 42,703 (La.App.2d Cir. 12/12/07), 973 So.2d 831.

Plaintiff suffered a severe injury to his wrists. Both of Plaintiff's treating physicians testified that they would consider his injury a 7-8 on a scale of 1-10 with 10 being the most severe injury. His radius bone, the larger bone in the forearm, was broken into six to eight fragments of bone on his left side and more than ten fragments *582 on his right. The x-ray images and artist rendering of the injuries illustrate that both of Plaintiff's radius bones had multiple fractures at the end where the bones meet the hand. Plaintiff's doctors testified that the illustrations were accurate and the treating hand specialist also testified that the injuries were actually more severe because it resulted in the shortening of the radius bones in both hands.

Treatment included a metal plate being pinned to Plaintiff's left radius bone and an external fixator attached to his right hand. The metal plate was eventually removed because it started to cause Plaintiff problems. The external fixator required pins to be drilled into Plaintiff's hand bones and arm bones, which protruded from Plaintiff's skin. A metal frame was attached to the pins to stabilize the fracture.

Even after the external fixator and the metal plate were removed, Plaintiff testified that he continued to have pain in both hands and continued to wear braces, particularly on his right hand, to reduce the pain. At trial, he testified that the pain was ongoing. Plaintiff also developed a pinched nerve in his left elbow from resting on his elbows as a result of wearing the braces. Both of Plaintiff's physicians testified that in the future he will probably develop post-traumatic osteoarthritis in his wrists. They further testified that he is a candidate for wrist fusion surgery in future. This surgery would likely reduce his pain but would eliminate all wrist flexion.

After the accident, he moved in with his parents and continued to live with them at the time of the trial. During his initial recovery, Plaintiff was unable to perform even the basic tasks necessary to take care of himself and had to rely on his elderly parents to care for him. The testimony established that, for a period of several months, Plaintiff was unable to drive himself and had to rely on his parents, sons or friends to drive him to doctor appointments or anywhere he needed to go. Plaintiff testified that he eventually was able to drive himself around through the use of his left hand and knees. Plaintiff testified that he continues to have pain in his wrist and has limited function. In addition, Plaintiff's witnesses described him as becoming depressed and "negative" as a result of his injuries and his inability to care for himself.

From our review of the record, we find that the general damages award of $75,000 is abusively low. As such, we then turn to a review of prior cases to determine what is the lowest reasonable amount that could have been awarded.

We recently reviewed a damage award for a bilateral hand injury in Rice v. Liles, 38,840 (La.App.2d Cir.9/24/04), 882 So.2d 751. The defendant performed the wrong surgery on both hands of the plaintiff. As a result, the plaintiff was unable to use either hand and unable to do basic tasks.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Baw v. Paulson
198 So. 3d 186 (Louisiana Court of Appeal, 2016)
Zimmerman v. Progressive Security Insurance Co.
174 So. 3d 1230 (Louisiana Court of Appeal, 2015)
Stegall v. Orr Motors of Little Rock, Inc.
121 So. 3d 684 (Louisiana Court of Appeal, 2013)
Williams v. Ruben Residential Properties, LLC
58 So. 3d 534 (Louisiana Court of Appeal, 2011)
Pryor v. Iberia Parish School Board
42 So. 3d 1015 (Louisiana Court of Appeal, 2010)
Jeanine P. Pryor v. Iberia Parish School Board
Louisiana Court of Appeal, 2010

Cite This Page — Counsel Stack

Bluebook (online)
997 So. 2d 578, 2008 WL 4415123, Counsel Stack Legal Research, https://law.counselstack.com/opinion/farmer-v-patrician-slp-llc-lactapp-2008.