Court: Louisiana Court of Appeal; November 1, 1982; Louisiana; State Appellate Court
An appeal was made regarding a district court judgment awarding Marlene Jacobs $100,000 in damages, along with $2,500 to Edward Jacobs as tutor for their minor daughter, Rhonda Jacobs, and $10,619.50 to Edward Jacobs. The judgment, which is amended and affirmed, stems from a long history of litigation dating back to 1979 involving psychological disability claims. Initially, the Fourth Circuit reduced the damages awarded to Marlene Jacobs, citing a failure to plead psychological disability. However, the Louisiana Supreme Court reversed this decision, stating that claims for loss of future wages and suffering inherently include psychological injuries, leading to a remand for further evidence.
The trial court later found that Marlene Jacobs suffered a permanent psychological disability due to an accident in November 1974 and noted her lack of treatment since the initial trial in 1976 contributed to the permanence of her condition. The court maintained the original damage amount despite the defendant's arguments that the evidence did not support the $100,000 judgment and that medical expenses awarded were incorrect. The defendant emphasized that Jacobs had worked for two years post-accident, had a troubled childhood potentially affecting her emotional state, and owned a home with an indoor pool, implying financial capability for treatment. However, expert testimonies from Dr. Sanders and Dr. Escalada linked her psychological condition directly to the accident, supporting the trial court's judgment.
Dr. Sanders testified that Mrs. Jacobs, a high achiever, experienced significant distress following her psychiatric treatment, ultimately leading to a collapse despite her efforts to maintain her life post-accident. He indicated her mental health had been in decline since the accident, and her determination to continue working contributed to her respect in court. The court noted that many individuals overcome difficult childhoods, and that Mrs. Jacobs’ anxiety neurosis stemmed from the accident. Mr. Jacobs, age 64, relies solely on a limited Social Security income, which will decrease when their daughter Rhonda turns 18. The family faced near bankruptcy, preventing Mrs. Jacobs from continuing psychiatric treatment. The court questioned whether a plaintiff should endure severe economic stress to mitigate damages, concluding it should not be required. Citing Roy v. Robin, the court emphasized that the burden is on the tortfeasor to prove unreasonable failure to seek medical attention. It found Mrs. Jacobs' actions reasonable given her circumstances, reversing the trial judge's erroneous finding of failure to mitigate damages. Additionally, the trial judge neglected to award $158,471.00 for Mrs. Jacobs' future lost wages, which constituted an abuse of discretion. The court amended and affirmed the judgment, ordering a total award of $258,471.00 to Mrs. Jacobs, plus legal interest and costs.
Judgment has been rendered in favor of plaintiff Edward Jacobs, acting as natural tutor for minor Rhonda Jacobs, against defendants New Orleans Public Service, Inc. and Julio Kaiser. The court awarded $2,500.00 with legal interest from the date of judicial demand until paid, along with all legal costs. Additionally, Edward Jacobs, in his individual capacity, received a judgment of $10,619.50, also with legal interest and costs.
At the trial on May 4, 1977, economic expert Melville Wolfson testified for the plaintiff. He assessed a work life expectancy of 21 years for Rhonda Jacobs, factoring in 13 years of employment at a lower salary before retirement. Wolfson calculated the present value of her retirement benefits to be $96,000.00, after accounting for a retirement loss of $42,341.00. He also evaluated her salary loss, determining its present value to be $116,130.00 based on a base salary of $10,500.00 with a 3.1% annual increase and a 5% discount rate. The total present value for both salary and retirement losses amounted to $158,471.00.
