Jenkins v. State

Louisiana Court of Appeal

Jenkins v. State

634 So. 2d 7, 91 La.App. 1 Cir. 2285, 1994 La. App. LEXIS 796, 1994 WL 86019

Louisiana Court of Appeal·Decided March 11, 1994·No. No. CA 91 2285R·Published·Cited by 2 cases

Opinion

CRAIN, Judge.

We rendered an opinion in this suit for damages resulting from personal injuries on May 28, 1993. Jenkins v. State, Department of Transportation and Development, 619 So.2d 1188 (La.App. 1st Cir.1993). In that opinion we determined fault and assessed general and special damages. We also applied the $500,000 limitation on damages provided for by law on judgments against the State.

Subsequent to our decision in this case the Louisiana Supreme Court declared the $500,-000 limitation of damages unconstitutional. Chamberlain v. State Through Department of Transportation and Development, 624 So.2d 874 (La.1993).

On October 15, 1993, the Louisiana Supreme Court, 625 So.2d 1050, disposed of a writ application in this case as follows: “Granted. Reversed insofar as the limitation of damages. Remanded for reconsideration in light of Chamberlain v. State, 93-C-0472.” Consequently, the only issue left for this court to resolve¹ is the excessiveness² of the general damage award without the $500,000 limitation.

The trial court awarded $3,000,000 in general damages. In our original opinion we considered an assignment of error related to future medical and life care costs. Therein we outlined extensively the nature and extent of plaintiffs injuries. Jenkins v. State, 619 So.2d at 1200-1201. Based upon the injuries sustained we cannot say the trial judge abused his “vast” discretion in awarding $3,000,000 in general damages. Hae Woo Youn v. Maritime Overseas Corp., 623 So.2d 1257 (La.1993).

The general damages awarded by the trial court are affirmed. Costs in the sum of $907.00 are to be paid by appellant.

ON REMAND GENERAL DAMAGE AWARD AFFIRMED.

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CRAIN, Judge.

We rendered an opinion in this suit for damages resulting from personal injuries on May 28, 1993. Jenkins v. State, Department of Transportation and Development, 619 So.2d 1188 (La.App. 1st Cir.1993). In that opinion we determined fault and assessed general and special damages. We also applied the $500,000 limitation on damages provided for by law on judgments against the State.

Subsequent to our decision in this case the Louisiana Supreme Court declared the $500,-000 limitation of damages unconstitutional. Chamberlain v. State Through Department of Transportation and Development, 624 So.2d 874 (La.1993).

On October 15, 1993, the Louisiana Supreme Court, 625 So.2d 1050, disposed of a writ application in this case as follows: “Granted. Reversed insofar as the limitation of damages. Remanded for reconsideration in light of Chamberlain v. State, 93-C-0472.” Consequently, the only issue left for this court to resolve¹ is the excessiveness² of the general damage award without the $500,000 limitation.

The trial court awarded $3,000,000 in general damages. In our original opinion we considered an assignment of error related to future medical and life care costs. Therein we outlined extensively the nature and extent of plaintiffs injuries. Jenkins v. State, 619 So.2d at 1200-1201. Based upon the injuries sustained we cannot say the trial judge abused his “vast” discretion in awarding $3,000,000 in general damages. Hae Woo Youn v. Maritime Overseas Corp., 623 So.2d 1257 (La.1993).

The general damages awarded by the trial court are affirmed. Costs in the sum of $907.00 are to be paid by appellant.

ON REMAND GENERAL DAMAGE AWARD AFFIRMED.

Jenkins v. State, 634 So. 2d 7, 91 La.App. 1 Cir. 2285, 1994 La. App. LEXIS 796, 1994 WL 86019 (La. Ct. App. 1994).

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