Thomas v. State Farm Ins. Co.

499 So. 2d 562
CourtLouisiana Court of Appeal
DecidedDecember 3, 1986
Docket18282 to 18285
StatusPublished
Cited by46 cases

This text of 499 So. 2d 562 (Thomas v. State Farm Ins. Co.) 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
Thomas v. State Farm Ins. Co., 499 So. 2d 562 (La. Ct. App. 1986).

Opinion

499 So.2d 562 (1986)

Luby R. THOMAS, et al., Plaintiff-Appellee,
v.
STATE FARM INSURANCE CO., et al., Defendant-Appellant.
Scott E. THOMAS, Plaintiff-Appellee,
v.
STATE FARM INSURANCE CO., et al., Defendant-Appellant.
Mary Frances TUGGLE, Plaintiff-Appellee,
v.
STATE, Through DEPT. OF TRANSPORTATION AND DEVELOPMENT, et al., Defendant-Appellant.
Billy Phillip TUGGLE, Plaintiff-Appellee,
v.
STATE, Through DEPT. OF TRANSPORTATION AND DEVELOPMENT, et al., Defendant-Appellant.

Nos. 18282 to 18285.

Court of Appeal of Louisiana, Second Circuit.

December 3, 1986.
Writs Denied January 30, 1987.

*563 Tyler & Johnson by D.G. Tyler, Shreveport, for plaintiff-appellee Luby R. Thomas.

Gordon, Bailey & Assoc. by Jack M. Bailey, Jr., Shreveport, for plaintiff-appellee Scott Thomas.

Steven G. McKenzie, Bossier City, for plaintiff-appellee Mary Frances Tuggle.

A. Richard Snell, Bossier City, for plaintiff-appellee Billy Phillip Tuggle.

Ronald R. Thompson, Baton Rouge, for defendant-appellant State, Through the Dept. of Transp. and Development.

Kitchens, Benton, Kitchens & Warren by S. Michael Adcock, Minden, for defendant-appellant State Farm Ins. Co.

Before MARVIN and JASPER E. JONES, JJ., and CULPEPPER, J. Pro Tem.

CULPEPPER, Judge Pro Tem.

The only issue raised by the state in its appeal is whether certain damages awarded by the trial court are excessive. Finding that the trial judge abused his discretion in making some of the damage awards, we amend those awards and affirm as amended.

FACTS

At approximately 2:00 p.m. on November 4, 1983, Mary Frances Tuggle was driving on U.S. Highway 79 from Homer to Minden. She was in her proper lane of travel and accompanied by her husband, Billy Phillip Tuggle, in the front passenger seat. At about the same time, Scott E. Thomas, the son of Barbara W. Thomas and Luby R. Thomas, was driving on the same highway from Minden toward Homer. Barbara W. Thomas was riding in the front passenger seat and Scott's brother, Kenneth Ray Thomas, was lying down on the back seat.

Both vehicles were travelling within the speed limit and at reasonable speeds under the circumstances. The Tuggle vehicle struck a collection of water in its lane of travel, went out of control, crossed into the oncoming lane, and was struck by the Thomas vehicle. Both Scott and Kenneth Thomas were injured and Mrs. Thomas was killed in the accident. Mr. and Mrs. Tuggle were also injured with Mrs. Tuggle suffering extensive injuries requiring several operations and lengthy hospital stays.

Luby R. Thomas, individually, and as the administrator of the succession of Barbara W. Thomas, and as the tutor of the minor Kenneth Ray Thomas filed suit against Mary F. Tuggle, Billy P. Tuggle, Capital Enterprise Insurance Company, the Tuggle's insurer, State Farm Insurance Company, the Thomas's uninsured motorist carrier, the State of Louisiana through the Department of Transportation and Development, and Scott E. Thomas. On June 24, 1985, Thomas compromised and dismissed all of his claims against the Tuggles and their insurer. Scott E. Thomas also filed suit against the Tuggles, Capital, State Farm, and the state. Scott Thomas's claims against the Tuggles and their insurer were also compromised and dismissed on June 24, 1985.

Mary Frances Tuggle filed suit against the state, the Claiborne Parish Police Jury, and Capital; however, her claim against Capital was eventually dismissed. Billy Phillip Tuggle filed a separate suit against the state, the Claiborne Parish Police Jury, *564 Capital, and Mary Frances Tuggle. Mr. Tuggle's claim against Capital was eventually dismissed.

All four cases were consolidated for trial. In the liability portion of the bifurcated trial, the court found the State of Louisiana, through the Department of Transportation and Development solely liable to plaintiffs. After hearing testimony and evidence in the damage portion of the trial, the trial judge made the following awards:

I. To Luby R. Thomas, individually: (1) wrongful death of wife, Barbara W. Thomas, $400,000.00; (2) economic loss of past earnings, $43,385.00; (3) economic loss of household services, $199,067.00; (4) economic loss of future earnings, $817,449.00; (5) medical specials, $100.00. Total: $1,460,001.00.
II. To Luby R. Thomas as administrator of the succession of Barbara W. Thomas: (1) survivor's action re "pre-impact" fear, $15,000.00; (2) funeral expenses, $2,506.58. Total: $17,506.58.
III. To Luby R. Thomas, as tutor of the minor, Kenneth Ray Thomas: (1) wrongful death of mother, $300,000.00; (2) bodily injury, $100,000.00; (3) medical specials, $6,889.50. Total: $406,889.50.
IV. To Scott E. Thomas: (1) wrongful death of mother, $300,000.00; (2) personal injuries, $10,000.00; (3) medical specials, $168.75. Total: $310,168.75.
V. To Mary Frances Tuggle: (1) personal injuries directly associated with the trauma of the accident, $350,000.00; (2) personal injuries related to her change in lifestyle, $200,000.00; (3) future pain and suffering, $200,000.00; (4) traumatic stress disorder, $300,000.00; (5) medical specials, $66,308.78. Total: $1,116,308.78.
VI. To Billy Phillip Tuggle: (1) loss of consortium, $300,000.00; (2) personal injuries, $50,000.00; (3) post-traumatic stress disorder, $10,000; (4) medical specials, $3,906.42. Total: $363,906.42.

ANALYSIS

The trier of fact has much discretion in awarding general damages, and his determination will not be disturbed on appeal absent an abuse of that much discretion. LSA-C.C. Art. 1934(3) (current version LSA-C.C. Art. 1999); Wilson v. Magee, 367 So.2d 314 (La.1979).

In Reck v. Stevens, 373 So.2d 498, 501 (La.1979), the Louisiana Supreme Court set forth the following two-part analysis to be used in determining the inadequacy or excessiveness of a damage award:

Thus, the initial inquiry must always be directed at whether the trier court's award for the particular injuries and their effects upon this particular injured person is, a clear abuse of the trier of fact's "much discretion," La.Civ.C. art. 1934(3) in the award of damages. It is only after articulated analysis of the facts discloses an abuse of discretion, that the award may on appellate review, for articulated reason, be considered either excessive, Carollo v. Wilson, 353 So.2d 249 (La.1977); Schexnayder v. Carpenter, 346 So.2d 196 (La.1977), or insufficient, Olds v. Ashley, 250 La. 935, 200 So.2d 1 (1967). Only after such determination of abuse has been reached, is a resort to prior awards appropriate under Coco for purposes of then determining what would be an appropriate award for the present case.
In the initial determination of excessiveness or insufficiency, an examination of prior awards has a limited function—if indeed the facts and circumstances of the prior awards are closely similar to the present. The prior awards may serve as an aid in this determination only where, on an articulated basis, the present award is shown to be greatly disproportionate to past awards (not selected past awards, but the mass of them) for (truly) "similar" injuries, see Coco at 341 So.2d 334. [Emphasis added.]

*565 Using the analysis set forth in Reck v. Stevens we will examine only the awards which the state complains are excessive.[1]

THOMAS AWARDS

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499 So. 2d 562, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thomas-v-state-farm-ins-co-lactapp-1986.