You are viewing a free summary from Descrybe.ai. For citation checking, legal issue analysis, and other advanced tools, explore our Legal Research Toolkit — not free, but close.

Kennedy v. Davis

Citation: 229 So. 3d 558Docket: 17-218

Court: Louisiana Court of Appeal; October 4, 2017; Louisiana; State Appellate Court

Narrative Opinion Summary

In this case, the plaintiff was awarded $2,987,000 in damages following a jury trial related to injuries sustained in an automobile accident involving a driver from BellSouth. The trial court had previously determined the defendants' sole liability for the accident. The jury's task was to assess medical causation and damages, resulting in a comprehensive award for the plaintiff, including compensation for medical expenses, pain, suffering, and other damages. BellSouth appealed, challenging the jury instructions and the sufficiency of the evidence supporting the causation and damages. However, the appellate court affirmed the trial court’s judgment, finding no merit in BellSouth’s claims due to their failure to preserve objections about jury instructions on causation and the strong factual basis provided by expert testimony. The court emphasized the deference shown to the jury's determination of damages, particularly given the weight accorded to the testimony of the plaintiff's treating physician. BellSouth's motions for judgment notwithstanding the verdict and for a new trial were also denied as the court found the jury's conclusions to be reasonable and supported by the evidence. Consequently, the appellate court upheld the trial court's decision and assigned all costs of the appeal to BellSouth.

Legal Issues Addressed

Appellate Review of Jury Awards

Application: The appellate court upheld the jury's award, finding no abuse of discretion in the trial court's conclusions.

Reasoning: The court noted it would not alter the jury's award unless there was clear evidence of abuse of discretion.

Assessment of Damages

Application: The jury awarded damages for medical expenses, pain and suffering, mental suffering, and other categories, based on comprehensive evidence and expert testimony.

Reasoning: The jury awarded Mr. Kennedy a total of $2,987,000, which includes $622,000 for medical expenses... The jury determined that the extensive medical interventions were a direct result of the accident.

Causation in Personal Injury Claims

Application: The jury found sufficient evidence linking the automobile accident to the plaintiff’s need for extensive lumbar fusion surgery based on expert testimony.

Reasoning: The jury found sufficient evidence to link the May 22, 2014 automobile accident to Mr. Kennedy's need for extensive lumbar fusion surgery and potential future surgeries.

Jury Instructions and Preservation of Error

Application: The appellate court found that BellSouth waived any objections related to jury instructions by failing to object regarding causation before the jury retired.

Reasoning: BellSouth's counsel participated in a jury charge conference, making a total of three objections—two sustained and one withdrawn—yet did not object regarding causation.

Liability Determination in Automobile Accidents

Application: The court ruled in favor of the plaintiff on liability prior to trial, establishing the defendants were solely at fault.

Reasoning: Prior to trial, the court ruled in Kennedy's favor on liability, establishing that Davis and BellSouth were solely at fault.

Role of Expert Testimony in Establishing Causation

Application: Testimony from the plaintiff's treating physician was given greater weight in establishing the causal link between the accident and the need for surgery.

Reasoning: The trial court instructed the jury to give greater weight to the testimony of the treating physician compared to other physicians.

Waiver of Objections to Jury Instructions

Application: The defendant failed to preserve objections to jury instructions about causation for appeal by not objecting at the appropriate time.

Reasoning: Consequently, BellSouth waived any objections related to the jury instructions or verdict form, rendering their first assignment of error without merit.