Court: Louisiana Court of Appeal; November 11, 1985; Louisiana; State Appellate Court
The appeal concerns a jury verdict favoring plaintiff Abraham Dahab against State Farm Mutual Automobile Insurance Company following an automobile accident on February 17, 1983. Dahab's vehicle, owned by D’Marks, Inc., was struck by Whitney Mathieu, who lost control of his vehicle. Dahab experienced significant injuries, leading to a diagnosis of degenerative disc disease. He filed suit on May 19, 1983, against Mathieu, his insurer Allstate, and State Farm, his uninsured/underinsured motorist carrier.
On October 8, 1984, Dahab settled with Mathieu and Allstate for $10,000. A jury trial against State Farm commenced on December 17-18, 1984, resulting in a directed verdict on liability for Dahab, while the jury denied claims for pain and suffering. The jury awarded $7,500 for medical expenses, totaling $17,500 when combined with the previous settlement. An amended judgment on January 24, 1985, credited State Farm with $1,541.15 already paid to Dahab.
Dahab appealed, claiming the damage award was excessively low and constituted an abuse of discretion. Under Louisiana law, appellate courts review damage awards to determine if there was an abuse of discretion by the trier of fact, which requires a specific analysis of the case's facts. If such an abuse is found, courts may reference prior awards to adjust the amount. Dahab contends that the jury's $7,500 award was insufficient given the circumstances.
Appellee contends that the plaintiff did not establish a connection between his back condition and the accident, arguing that the jury's award was based solely on a swelling on the shoulder, which the defendant's physician linked to the incident. Evidence indicates that the plaintiff experienced a cervical strain that resolved within six months post-accident, but he continues to experience lower back pain, as confirmed by both lay and medical witnesses. Dr. Billings, the plaintiff's physician, diagnosed him with degenerative cervical and lumbar disc disease attributed to trauma, noting that typical aging does not usually result in pain or disability. A CAT scan revealed bulging discs, and the plaintiff received three lumbar injections that provided only temporary relief. In August 1983, further evaluation via a myelogram indicated significant disc protrusion, necessitating a three-day hospital stay. Dr. Billings outlined the plaintiff's treatment options, which included non-operative methods, surgery, weight management, and avoiding further injury. He assessed the plaintiff's lumbar spine disability at 10-15% and a body-wide disability of 5-10%. Although the plaintiff initially declined surgery, Dr. Billings indicated that it could be reconsidered if conservative treatments failed. The anticipated costs of surgery were estimated at $1,500-$2,000 for the surgeon and $10,000-$15,000 for hospital expenses, with a recovery period of six to twelve months. Dr. Williams, an orthopedic surgeon hired by the defendant, examined the plaintiff twice and found degenerative changes in the discs unrelated to the accident, though he acknowledged a possible aggravation of the pre-existing condition. He confirmed that a shoulder prominence was directly caused by the accident. The plaintiff and his witnesses testified about the persistent pain affecting his daily activities and business operations, noting his initial bedridden state post-accident and his potential future surgery plans if conservative measures do not alleviate the pain.
Appellant cannot contribute time or effort to selling duties in his stores post-accident, attending only one marketing show annually compared to six before. He sold some stores but retained an interest in one and full ownership of another. Recreationally, he can no longer participate in tennis, softball, baseball, or golf. Cross-examination revealed delays in medical examinations due to business commitments, and although he acted as general contractor for a construction project, he did not physically participate after the accident. He noted a prior back sprain in 1981 but recovered fully. Since the accident, he enrolled in college to pursue a sedentary career due to ongoing back issues. Testimony from his wife corroborated his decline in health, stating he can only stand briefly and cannot bend or lift as before. Mohammed Jaber, a store manager, confirmed appellant's limited presence at the store and ongoing pain when standing or sitting. The jury found evidence supported injuries to the lower back, neck, and shoulder; however, it was determined that the damages awarded were inadequate given the extent of the injuries affecting appellant's quality of life and business activities. The court affirmed the judgment on liability and medical expenses but amended the total recovery to $25,000, which includes an additional $7,500 for general damages, with costs of the appeal to be paid by the appellee.
