Redd v. Prevost

288 So. 2d 74
CourtLouisiana Court of Appeal
DecidedJanuary 8, 1974
Docket5874
StatusPublished
Cited by4 cases

This text of 288 So. 2d 74 (Redd v. Prevost) 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
Redd v. Prevost, 288 So. 2d 74 (La. Ct. App. 1974).

Opinion

288 So.2d 74 (1974)

Laurie REDD, Sr., et al.
v.
Calvin PREVOST, Jr., et al.

No. 5874.

Court of Appeal of Louisiana, Fourth Circuit.

January 8, 1974.

*75 Cockfield & Gravolet, by James C. Cockfield, New Orleans, for Laurie Redd, Sr. and Larry G. Ross, plaintiffs-appellees.

Robert E. Leake, Jr., of Hammett, Leake & Hammett, New Orleans, for defendants-appellants.

Before SAMUEL, BOUTALL and FLEMING, JJ.

BOUTALL, Judge.

Plaintiffs-appellees Laurie Redd, Sr. and Larry G. Ross were passengers in an automobile being driven towards New Orleans across the Interstate 10 Twin Bridges. This automobile crashed into the rear of a truck owned by B. F. Goodrich Company and operated by its employee Walter Wilson, Jr., who abandoned the truck in the right lane of the bridge without posting any warning devices. The trial court found negligence on the part of both drivers and rendered judgment for Redd and Ross for their personal injuries against all defendants in solido. From this judgment, B. F. Goodrich Company, Walter Wilson, Jr. and The American Motorists Insurance Company (their insurer) take this appeal.

The appellants do not challenge the judgment as to liability, and only complain of the amount of the damages awarded. They contend that the trial court erred in setting the amount of damages without regard to quantum amounts rendered by the Court of Appeal in other cases, and in setting the damages at an excessive amount which constituted an abuse of discretion. We shall examine each proposition in turn.

The first issue comes about as a result of the Judge's Reasons for Judgment in denying a new trial. Appellants had requested a new trial based in part upon the contention that the awards were excessive. A number of prior appellate cases showing awards of lesser amounts had been cited to the court. The court denied the motion for a new trial on this basis stating that it was not the court's function to try and stay within a quantum guideline as set out by the Court of Appeal because each case is different; that it was the trial court's function to render a judgment based upon what it feels is a proper quantum in a particular case without regard to quantum amounts rendered by the Court of Appeal in other cases. Appellant argues to us that if quantum jurisprudence is properly considered by appellate courts in reviewing a trial court's exercise of discretion, then it *76 should be considered by the trial court in exercising that discretion. They argue that had this rule been followed by the trial court, the quantum awards in the instant case would have been lower because the jurisprudence has provided for lower quantum awards in similar cases.

We do not agree with this view. Louisiana Civil Code Article 2315 obliges a party at fault who causes damages to repair the damage incurred by the other party; while there are some damages that can be fixed with preciseness, our courts have repeatedly recognized that damages for personal injuries are not able to be fixed at a precise dollar amount. The rule in such cases is set out in Louisiana Civil Code Article 1934, paragraph 3, which we quote in part as follows:

"3. Although the general rule is, that damages are the amount of the loss the creditor has sustained, or of the gain of which he has been deprived, yet there are cases in which damages may be assessed without calculating altogether on the pecuniary loss, or the privation of pecuniary gain to the party. * * *
"In the assessment of damages under this rule, as well as in cases of offenses, quasi offenses, and quasi contracts, much discretion must be left to the judge or jury, while in other cases they have none, but are bound to give such damages under the above rules as will fully indemnify the creditor, whenever the contract has been broken by the fault, negligence, fraud or bad faith of the debtor."

This rule permits the trial judge enough latitude in a given case to award quantum on the realistic basis of how much a claimant has been actually injured in order to fully idemnify him in a particular set of circumstances or facts. It is apparent that in each individual case, that a trial judge in assessing damages must take into consideration many variable factors relating to the injured party such that, while the precise personal injury sustained may be similar, the result of the injury may be markedly different. If we tell a trial judge that he must look to an appellate pigeonhole to award damages in a particular set of circumstances, we would be substituting a "limited discretion" rule in place of the "much discretion" rule in Article 1934(3).

We do not feel impelled to discuss the issue much further, because the basis of appellants' contention is the theory of uniformity of awards in personal injury cases, which was laid to rest some time ago by our Supreme Court. We believe the prevailing rule as to trial court and appellate functions in assessing damages has been clearly stated in Gaspard v. LeMaire, 245 La. 239, 158 So.2d 149 (1963), quoting 158 So.2d 158:

"* * * When the doctrine is urged as applicable, cases relied upon may be similar in that each of them involves a similar injury such as a broken arm, the loss of an eye or eyes, or the loss of some member of the body. Thereafter, however, the similarity ceases for each case is different, and the adequacy or inadequacy of the award should be determined by the facts and circumstances peculiar to the case under consideration. The primary purpose of the judge or the jury in fixing the award in a personal injury case is to adequately compensate the injured person for his injury under the facts shown to exist in his case."

* * * * * *

"The primary question before the appellate court, then, is whether the judge or the jury in fixing the amount of the award has abused this great discretion vested in them by law. If for the purpose of uniformity the amount of the award is to be determined and fixed within certain limits—a maximum and a minimum based on prior adjudicated cases—the discretion vested by the Code in the judge or the jury may be destroyed or at least stringently curtailed. In view of our codal provision, the appellate *77 courts should consider the amounts of awards in other cases only so far as they are relevant to the question of whether the judge or the jury has abused its discretion in fixing the award in the case under consideration."

In this connection, also see Ballard v. National Indemnity Company, 246 La. 963, 169 So.2d 64 (1964); Lomenick v. Schoeffler, 250 La. 959, 200 So.2d 127 (1967); and Miller v. Thomas, 258 La. 285, 246 So.2d 16 (1971).

The trial judge indicated in his reasons for judgment that he weighed the case very carefully and that he gave consideration to all of the matters called to his attention by the attorneys, and that he felt that the amounts awarded "were in line and in order considering the injury, the suffering and disability and severity of these injuries." We find no error of law in these statements of the trial judge or his approach to the issue of quantum, and so we pass to a consideration of what we consider to be the major issue, that is whether the amounts awarded were excessive and constituted an abuse of his discretion.

The trial court awarded Laurie Redd, Sr. the following:

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288 So. 2d 74, Counsel Stack Legal Research, https://law.counselstack.com/opinion/redd-v-prevost-lactapp-1974.