Guillory v. Avondale Shipyards, Inc.

448 So. 2d 1281
CourtSupreme Court of Louisiana
DecidedFebruary 27, 1984
Docket83-C-1570
StatusPublished
Cited by46 cases

This text of 448 So. 2d 1281 (Guillory v. Avondale Shipyards, Inc.) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Guillory v. Avondale Shipyards, Inc., 448 So. 2d 1281 (La. 1984).

Opinion

448 So.2d 1281 (1984)

Sallie Ann GUILLORY
v.
AVONDALE SHIPYARDS, INC. and the Travelers Insurance Company.

No. 83-C-1570.

Supreme Court of Louisiana.

February 27, 1984.

*1282 Michael J. Lamanie, Samanie & Barnes, Houma, Felix A. DeJean, III, Opelousas, for applicants.

Joseph Reilly, Henderson, Hanemann & Morris, Houma, for respondents.

WATSON, Justice.

The issue is whether the Court of Appeal correctly decided that plaintiff was entitled to an award of $203,359.89 after a jury's prior determination that the quantum of damages was $398,859.89.

FACTS

Plaintiff, Sallie Ann Guillory, was a passenger on a motorcycle traveling in an eastbound direction on Louisiana Highway 20, which was struck by a truck owned by Avondale Shipyards, Inc., and driven by an Avondale employee. At trial, plaintiff was granted a directed verdict on the issue of liability and a jury awarded her damages of $398,859.89. After the Court of Appeal reversed the directed verdict in favor of plaintiff,[1] a writ was granted. The judgment was reversed and the case remanded to the Court of Appeal to decide on the record.[2] Subsequently, the remand was "clarified" by an order stating that the directed verdict on liability was a correct result.[3]

After remand, the Court of Appeal determined that Avondale's employee, Clifford *1283 Collins, was negligent and that his negligence caused plaintiff's injuries resulting in liability for Collins' employer, Avondale Shipyards, Inc., and its insurer, The Travelers Insurance Company.[4] Thus, the issue of liability is settled. The trial court, this court and the Court of Appeals have all determined the issue of liability in favor of plaintiff.

In answers to special interrogatories, the jury decided that plaintiff was entitled to damages as follows:

Past physical pain and
  suffering                          $ 50,000.00
Future pain and suffering              50,000.00
Past mental anguish                    25,000.00
Future mental anguish                  25,000.00
Disability                             50,000.00
Disfigurement                          50,000.00
Past medical expenses                  11,359.89
Future medical expenses                75,000.00
Past loss of earnings                   2,500.00
Future loss of earnings                60,000.00
                                     ___________
  TOTAL                             $ 398,859.89

The Court of Appeal fixed damages as follows:

General damages                     $ 175,000.00
Past medical expenses                  11,359.89
Future medical expenses                15,000.00
Loss of past wages                      2,000.00
                                    ____________
  TOTAL                             $ 203,359.89

Judge Watkins dissented on the ground that Sallie Guillory should have been given an award for future loss of earnings.

The question is whether the Court of Appeal erred in reducing the jury's award by $195,500. In reviewing the jury's verdict, the Court of Appeal should have determined whether the jury's factual findings on plaintiff's damages represented an abuse of its "much discretion". LSA-C.C. art. 1934(3); Coco v. Winston Industries, Inc., 341 So.2d 332 (La., 1977).

The evidence on damages can be summarized as follows:

Sallie Ann Guillory was twenty-two years of age at the time of the accident, unmarried and unemployed. Her primary injury was to her right leg, although she also had multiple abrasions. Her left ear was split open and had to be stitched and she had deep cuts on her hand and wrist. She was unconscious after the accident and woke up on the side of the road with her leg hurting very badly. She was in the hospital for seven weeks. During her hospitalization, the doctors had difficulty in controlling her pain.

Dr. Ian John Reynolds, an expert in orthopaedic surgery, testified that Ms. Guillory sustained multiple fractures in her right knee and tibia with some bone being crushed. Since a burned area on the right knee precluded immediate surgery, she was placed in traction for about three weeks while the burned area was treated. After a hole was drilled in the ankle, a metal rod was placed through the distal part of the tibia to keep the knee stabilized. Ms. Guillory was unable to move while in kick traction from September 14 until October 9. She had a scar from the ankle pin which she displayed to the jury.

The third degree burn required many debridements of dead skin. According to her testimony, the debridement of the burn was very painful. The accident occurred September 14, 1979, and surgery was performed on the right leg on October 9, 1979. When the knee surgery was performed, Ms. Guillory was advised that the burn had not completely healed and there was a possibility of infection spreading into the bone but it was necessary to have the surgery before the knee started mending. A piece of bone was removed from the hip to graft into the knee. A sixteen millimeter screw was placed in the knee area to hold together the fragments. The screw will probably remain as a permanent implant. She remained in a rigid full leg cast for six weeks. On November 28, hinges were put in the cast to allow some motion in the knee. The cast was removed on January 7, four months after the fracture.

On October 25, Ms. Guillory's burn was grafted with tissue from her left thigh. On February 4, she was allowed to walk. On March 5, 1980, she complained of pain *1284 in her swollen right ankle; x-rays showed osteoporosis or some atrophy of the bone in the right ankle. The diagnosis was a sprained right knee and a soft tissue irritation of the right ankle. On April 9, she was again complaining of pain in the right ankle, and had some instability in the knee joint. On June 9, she had minimal symptoms in the right knee, but still complained of right ankle pain.

Ms. Guillory has lost thirty to forty degrees of flexion in the right knee and has a twenty-one percent permanent impairment of her entire right leg. She will have a tendency to develop arthritis and may need further surgery in order to either alleviate the pain or change some of the surface of the tibia. In Dr. Reynolds' expert opinion, people who have sustained fractures as bad as this one usually develop degenerative arthritis and Ms. Guillory will probably develop an arthritic condition with associated problems of pain, swelling, and limitation of motion. She also may develop instability in the joint. Sallie Guillory limps and she cannot anticipate further improvement in the leg. Dr. Reynolds recommended against heavy labor or lifting over twenty-five pounds and testified that Ms. Guillory would have trouble maneuvering because she has some limitation of motion and stiffness.

Dr. Kenneth M. Dieffenbach, a board certified plastic surgeon, saw Sallie Guillory on May 8, 1980, when she complained about the appearance and function of her right knee. She had been wearing pants to cover the appearance of the knee and hoped that further surgery would enable her to wear skirts. The original skin graft only covered about half the burned area and the remainder was scar tissue. The original skin graft was of a type called a mesh graft in which the donor skin heals with a scale like appearance. In addition to the scaly skin graft area, there was another area where the graft did not take. Over the kneecap there was a thin layer of scar tissue without any insulating fat on top of the bone. In addition to the scar from the injury, there was a poorly healed orthopaedic scar which Dr.

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448 So. 2d 1281, Counsel Stack Legal Research, https://law.counselstack.com/opinion/guillory-v-avondale-shipyards-inc-la-1984.