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Smith v. Havard

Citations: 221 So. 3d 95; 2016 La.App. 1 Cir. 1154; 2017 La. App. Unpub. LEXIS 157; 2017 WL 1968728Docket: NO. 2016 CA 1154

Court: Louisiana Court of Appeal; May 11, 2017; Louisiana; State Appellate Court

Narrative Opinion Summary

The case involves an appeal by the plaintiff-appellant, Danny Smith, following a jury award related to a vehicular accident involving the defendant-appellee, Kenny Havard, who was operating a vehicle owned by his employer, Woody's Access, LLC. The plaintiff sought damages for personal injuries and vehicle loss, attributing significant spinal injuries to the accident. The jury awarded $50,012.29, covering past pain, suffering, and medical expenses, but excluded future damages. Dissatisfied with the award, the plaintiff filed unsuccessful motions for judgment notwithstanding the verdict and for a new trial, followed by an appeal. The appellate court evaluated whether the jury had abused its discretion, particularly regarding the general damages awarded for the plaintiff's injuries. The court analyzed evidence of pre-existing spinal conditions and their potential aggravation by the accident, noting that medical testimonies indicated an improvement in some conditions post-accident. Ultimately, the court found no clear evidence of an abuse of discretion by the jury. The award was upheld, and the plaintiff was assigned the appeal costs, affirming the jury's broad discretion in damage assessments.

Legal Issues Addressed

Consideration of Pre-existing Conditions in Personal Injury Claims

Application: The court considered medical evidence of pre-existing conditions and their potential aggravation by the accident in assessing damages.

Reasoning: Both physicians acknowledged a pre-existing condition from a 2008 accident that could have been aggravated by the 2012 incident.

Discretion of Jury in Assessing Damages

Application: The court upheld the jury's decision regarding the damages awarded, emphasizing the broad discretion juries have in such matters.

Reasoning: The court noted that juries have broad discretion in assessing damages, and such decisions are rarely overturned unless a clear abuse of discretion is evident.

Standard for Overturning Jury Awards

Application: The appellate court affirmed the jury's award as there was no clear abuse of discretion demonstrated in the assessment of damages.

Reasoning: The court noted that a jury's award can only be overturned if there is clear evidence of an abuse of discretion.