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Menard v. Stroy

Citations: 210 So. 3d 302; 16 La.App. 3 Cir. 609; 2016 La. App. LEXIS 2351Docket: 16-609

Court: Louisiana Court of Appeal; December 20, 2016; Louisiana; State Appellate Court

Narrative Opinion Summary

In this personal injury case, the Plaintiff sought damages resulting from an incident in which the Defendant, a doctor, injured the Plaintiff's wrist by grabbing a paper from his hand. The trial court awarded the Plaintiff $3,000 in general damages and $3,048 in special damages but denied reimbursement of a $220 medical bill incurred later. The Plaintiff appealed, arguing that the general damages were insufficient and that the denial of the medical bill reimbursement was an abuse of discretion. The appellate court reviewed the trial court's decision under the manifest error-clearly wrong standard and assessed whether the lower court had abused its discretion in awarding damages and denying medical expenses. The appellate court found no manifest error, noting the trial court's discretion in assessing witness credibility and determining damages under La.Civ. Code art. 2324.1. It upheld the trial court's judgment, including the determination that the Plaintiff's injuries and subsequent medical expenses were not significantly linked to the incident. Consequently, the appeal was dismissed, and costs were assigned to the Plaintiff.

Legal Issues Addressed

Assessment of General Damages under La.Civ. Code art. 2324.1

Application: The trial court awarded $3,000 in general damages to the Plaintiff, which was upheld on appeal as the award was deemed reasonable given the circumstances.

Reasoning: Vast discretion is granted to the trier of fact when determining general damage awards, as established by La.Civ. Code art. 2324.1 and relevant case law.

Credibility of Witnesses in Determining Damage Awards

Application: The trial court's assessment of the Plaintiff's credibility influenced its decision to award $3,000 in general damages, a decision not disturbed on appeal.

Reasoning: The trial court determined that the case hinged on credibility issues and believed that the Plaintiff did not sustain significant injuries warranting a higher general damages award.

Manifest Error-Clearly Wrong Standard in Appellate Review

Application: The appellate court upheld the trial court's findings, concluding that there was no manifest error in the determination of damages and denial of specific medical expenses.

Reasoning: The standard for reviewing factual findings is the manifest error-clearly wrong standard, which requires that an appellate court can only disturb a finding if no reasonable factual basis exists to support it.

Reimbursement of Medical Expenses

Application: The trial court denied reimbursement of $220 for medical expenses incurred in March 2004, concluding that the expense was unrelated to the incident.

Reasoning: In his second assignment of error, the Plaintiff argued that the court's finding that his medical treatment on March 9, 2004, was unrelated to the incident and the denial of $220.00 in associated medical expenses constituted an abuse of discretion and was manifestly erroneous.