Court: Louisiana Court of Appeal; September 26, 1980; Louisiana; State Appellate Court
Maxine Hukill, a 42-year-old female plaintiff, sought damages for injuries from an automobile accident on February 3, 1978, while a guest passenger in a vehicle driven by Gary M. Ray. The accident occurred when a gravel truck, driven by John C. Ulmer, made a left turn in front of Ray's vehicle. The trial court found the defendants liable and awarded Hukill $3,521.90 in damages. Hukill appealed for an increase in the damages awarded.
The appellate court found that the trial court had abused its discretion regarding the damages awarded. Hukill sustained significant injuries, including multiple lacerations to her head, face, and legs, which required extensive medical treatment, including approximately 125 stitches for facial injuries. The injuries were complicated by embedded glass particles, one of which remained in her head for three days. Hukill reported severe pain, headaches, and blurred vision post-accident, necessitating pain medication. Following the incident, she underwent successful surgery to remove facial scars but retained inoperable scars on her legs, including cuts near the bone.
The appeal focused on the inadequacy of the general damages awarded, considering the severity of her injuries, suffering, and mental anguish. The appellate court agreed with Hukill, indicating that the damages would be amended and increased.
Plaintiff self-treated her scars post-accident with cocoa butter and other ointments before undergoing dermabrasion performed by Dr. Henderson, aimed at blending scar tissue with surrounding skin. The procedure involved sedation, local anesthetics, and the use of a diamond wheel for grinding scar tissue, similar to a sanding machine. A Z-plasty was performed on a specific scar area. Plaintiff experienced significant pain during suture removals—first involving 125 sutures shortly after the accident, and again after surgery, causing her to perspire and rely on nurses for support. Dr. Henderson assessed the plaintiff's scarring as permanent, stating no further surgery would improve the leg scars, which he recommended leaving untreated. The plaintiff reported feeling embarrassed and self-conscious about her scars, avoiding public places until healing was complete, which took about ten months post-accident. Additionally, she developed painful "beads" under her left eyelid, requiring further medical attention. She was prescribed codeine for severe pain and advised to avoid sunlight for five to eight months post-surgery to prevent worsening of the scar pigmentation.
The plaintiff is expected to have permanent scars, which may become less noticeable over time. Dr. Henderson stated that some of the scars, particularly on the plaintiff's legs, cannot be surgically improved; only time can enhance their appearance. The surgery performed was delicate, involving extensive sutures, particularly around the facial area. Regarding damages, the Civil Code Article 1934 emphasizes that judges and juries have considerable discretion in determining general damages. The Supreme Court's precedent establishes that an appellate court can only alter a trial court's award if there is a clear abuse of discretion evident in the record. In this case, it was determined that such an abuse of discretion occurred concerning the plaintiff’s injuries. An in-depth analysis revealed that the trial court's award did not adequately reflect the severity of the plaintiff's injuries and their impact. Previous case awards were considered for guidance, including a case where a $60,000 award for significant facial injuries was reduced but later reinstated by the Supreme Court. Ultimately, the review concluded that the minimum appropriate award for substantial justice to the plaintiff should be $10,000.
The trial court's judgment is amended to award a total of $11,021.90, consisting of $10,000.00 in general damages and $1,021.90 in special damages. All other aspects of the judgment are affirmed. The costs of the appeal are assigned to the defendant-appellee, United States Fidelity and Guaranty Company. Gary M. Ray and Glen D. Ketcherside, who were also plaintiffs, settled their claims prior to trial and are not part of this appeal. The breakdown of the initial damages awarded by the trial court includes $1,000.00 for pain, suffering, and mental anguish before surgery; $1,000.00 for pain, suffering, and inconvenience after surgery; $500.00 for disfigurement; and $1,021.90 for special damages, totaling $3,521.90. LSA-C.C. Article 1934(3) grants considerable discretion to judges or juries in assessing damages related to offenses, quasi offenses, and quasi contracts, contrasting with cases where damages must fully indemnify the creditor for contractual breaches due to the debtor's fault, negligence, fraud, or bad faith. Reference is made to the case Perniciaro v. Brinch, 384 So.2d 392 (La.1980).
