Trunk v. Med. Center of La. at New Orleans

885 So. 2d 534, 2004 WL 2340245
CourtSupreme Court of Louisiana
DecidedOctober 19, 2004
Docket2004-C-0181
StatusPublished
Cited by48 cases

This text of 885 So. 2d 534 (Trunk v. Med. Center of La. at New Orleans) 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
Trunk v. Med. Center of La. at New Orleans, 885 So. 2d 534, 2004 WL 2340245 (La. 2004).

Opinion

885 So.2d 534 (2004)

Laura E. TRUNK
v.
MEDICAL CENTER OF LOUISIANA AT NEW ORLEANS, State of Louisiana, Louisiana Health Care Authority, John Doe and ABC Insurance Company.

No. 2004-C-0181.

Supreme Court of Louisiana.

October 19, 2004.

*535 Charles C. Foti, Jr., Attorney General, David P. Bains, Assistant Attorney General, Counsel for Applicant.

Patrick G. Kehoe, Ignatz G. Keifer, Jr., Counsel for Respondent.

KIMBALL, Justice.

We granted certiorari in this slip and fall case to address the judgment of the district court that granted plaintiff's motion for JNOV on the issue of damages, set aside the jury's verdict awarding damages in the amount of $52,901.79, and awarded damages in the amount of $790,000.00. A review of the record in this case indicates that conflicting evidence was presented on the issue of damages and that the jury's verdict was not unreasonable. Therefore, we conclude that the district court erred in granting plaintiff's motion for JNOV on the issue of damages.

Facts and Procedural History

On January 31, 1996, Laura Trunk ("plaintiff") was a third year medical student who was completing a required rotation in the psychiatric ward at the Medical Center of Louisiana at New Orleans ("Medical Center"). On that date, the 26-year-old plaintiff slipped and fell on a foreign substance as she exited a conference room in the psychiatric unit on the third floor of the Medical Center. Subsequently, plaintiff filed suit under *536 La. C.C. art. 2315 against several defendants, including the Medical Center and the State, for damages she allegedly suffered as a result of the fall. Plaintiff claimed that she suffered severe injury to her left wrist when she fell. Specifically, plaintiff contended that she suffered ligament injuries to her left wrist that required arthroscopic surgery, that she requires additional surgery, that she suffers from carpal tunnel syndrome, that she continues to experience pain in her wrist, and that she could not specialize in Gastroenterology as she had planned prior to the accident.

A jury trial was held on April 3, 4 and 8-12, 2002, during which time both plaintiff and defendants moved for a directed verdict on liability. The district court denied defendants' motion, but granted plaintiff's motion for directed verdict on the issue of liability. In its judgment on directed verdict signed June 4, 2002, the district court rendered judgment in favor of plaintiff and found that defendants were 100 percent at fault or negligent. The district court also decreed that the only issue to be decided by the jury was the amount of damages to be awarded to plaintiff. Subsequently, the jury awarded plaintiff damages in the total amount of $52,901.79. The award included $35,000.00 for physical pain and suffering, and $17,901.79 for past medical expenses. The jury made no award for mental pain and anguish, permanent disability, future medical expenses, or future loss of earning capacity. The district court signed a judgment in accordance with the jury's verdict on June 4, 2002.

On June 12, 2002, plaintiff filed a motion for judgment notwithstanding the verdict ("JNOV"), additur and/or a new trial. After a hearing, the district court granted plaintiff's motion for JNOV, stating:

It is obvious that the jury full[y] an[d] unequivocally accepted the fact that plaintiff's injury, treatment and the need for surgery was causally related to the accident. However, the jury in this case clearly disregarded the overwhelming w[e]ight of the evidence, in that it failed to appreciate the severity of plaintiff's wrist injury, it failed to see the undeniable need for future medical expenses, and the jury totally disregarded the catastrophic impact Ms. Trunk's injury had on her future earnings potential.

The district court set aside the jury's verdict and awarded damages in the following amounts: $250,000.00 in general damages, $40,000.00 in past and future medical expenses, and $500,000.00 in future loss of earning capacity. Thus, the total amount awarded by the district court upon its granting of the JNOV in favor of plaintiff was $790,000.00.

The court of appeal affirmed the judgment of the trial court. Trunk v. Medical Ctr. of Louisiana at New Orleans, 03-0275 (La.App. 4 Cir. 12/17/03), 863 So.2d 675. The court of appeal found that the district court did not abuse its discretion in granting the motion for directed verdict on the issue of liability. Additionally, the court of appeal rejected defendants' argument that plaintiff's exclusive remedy was in workers' compensation, reasoning that the record contains no evidence that there existed an employer-employee relationship between plaintiff, a student, and the Medical Center. Regarding the JNOV, the court of appeal agreed with plaintiff's argument that the jury failed to appreciate the severity of her injury and failed to properly apply the facts and law to her case. The court of appeal concluded that the district court properly granted plaintiff's motion for JNOV and, after reviewing the evidence presented at trial regarding damages, found that the district court did not abuse its vast discretion in its de novo award of damages.

*537 Upon the application of the Medical Center, we granted certiorari specifically to consider the issue of damages, i.e., whether the district court erred in granting plaintiff's motion for JNOV. Trunk v. Medical Ctr. of Louisiana at New Orleans, 04-0181 (La.3/26/04), 871 So.2d 332.

Discussion

The use of JNOV is provided for by La. C.C.P. art. 1811. A JNOV may be granted on the issue of liability or on the issue of damages or on both issues. La. C.C.P. art. 1811(F). Article 1811 does not specify the grounds upon which the district court may grant a JNOV; however this court has set forth the criteria to be used in determining when a JNOV is proper as follows:

[A] JNOV is warranted when the facts and inferences point so strongly and overwhelmingly in favor of one party that the trial court believes that reasonable persons could not arrive at a contrary verdict. The motion should be granted only when the evidence points so strongly in favor of the moving party that reasonable persons could not reach different conclusions, not merely when there is a preponderance of evidence for the mover. The motion should be denied if there is evidence opposed to the motion which is of such quality and weight that reasonable and fair-minded persons in the exercise of impartial judgment might reach different conclusions. In making this determination, the trial court should not evaluate the credibility of the witnesses, and all reasonable inferences or factual questions should be resolved in favor of the non-moving party.

Joseph v. Broussard Rice Mill, Inc., 00-0628, pp. 4-5 (La.10/30/00), 772 So.2d 94, 99 (internal citations omitted). See also VaSalle v. Wal-Mart Stores, Inc., 01-0462, p. 11 (La.11/28/01), 801 So.2d 331, 338-39. The rigorous standard of JNOV is based upon the principle that "when there is a jury, the jury is the trier of fact." Joseph, 00-0628 at p. 5, 772 So.2d at 99 (quoting Scott v. Hospital Serv. Dist. No. 1, 496 So.2d 270, 273 (La.1986)).

In reviewing a JNOV, an appellate court must first determine whether the district judge erred in granting the JNOV by using the above-mentioned criteria in the same way as the district judge in deciding whether to grant the motion. VaSalle, 01-0462 at pp. 11-12, 801 So.2d at 339.

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Bluebook (online)
885 So. 2d 534, 2004 WL 2340245, Counsel Stack Legal Research, https://law.counselstack.com/opinion/trunk-v-med-center-of-la-at-new-orleans-la-2004.