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Barzare v. Transit Casualty Co.

Citations: 539 So. 2d 708; 1989 La. App. LEXIS 181; 1989 WL 10654Docket: No. 87-1187

Court: Louisiana Court of Appeal; February 7, 1989; Louisiana; State Appellate Court

Narrative Opinion Summary

In this appellate case, the defendants challenged the damages awarded by a jury to the plaintiff following a vehicular accident where the defendant's employee rear-ended the plaintiff's vehicle. Liability was admitted, leaving only damages for adjudication. Initially, the jury awarded the plaintiff $80,000, which was reduced to $28,720 on the trial court's motion. The plaintiff's refusal of remittitur led to a second trial, resulting in a revised award of $61,500. The defendants appealed, arguing the awards for past medical expenses, future medical costs, and general damages were excessive. The appellate court found the award for past medical costs justified despite a minor discrepancy and reduced future medical expenses from $18,000 to $10,000 due to inconsistencies in treatment projections. The general damages were also reduced from $40,000 to $25,000 as the plaintiff's injuries were not deemed severe. The court upheld the trial court's decision to place the costs of the second trial on the defendants. The final judgment favored the plaintiff with an adjusted total of $38,500 plus interest, maintaining the cost allocations as determined by the trial court.

Legal Issues Addressed

Appellate Review of Quantum Awards

Application: The court assessed whether the trial court abused its discretion in awarding damages by examining the circumstances of the case and comparing the award with established principles.

Reasoning: Appellants contested the monetary awards for past and future medical expenses and general damages, with established principles indicating that appellate courts can only alter quantum awards if the trier of fact is found to have abused its discretion.

Assessment of General Damages

Application: The court found the jury's $40,000 award for general damages excessive considering the plaintiff's injuries and reduced it to $25,000.

Reasoning: The jury's $40,000 general damages award was deemed an abuse of discretion, prompting the court to reduce it to $25,000 based on comparisons with prior awards.

Assignment of Trial Costs

Application: The trial court's decision to assign all costs of the second trial to the defendants was upheld as appropriate, despite the trial being necessitated by the plaintiff's rejection of the remittitur.

Reasoning: The court further reduced the future medical expenses award from $18,000 to $10,000. Ultimately, judgment was entered in favor of plaintiff Elridge Barzare against defendants Alexandria Petroleum Company, Inc., Keith Mattocks, and The Louisiana Insurance Guaranty Association for a total of $38,500 plus interest, with costs of the appeal assessed to the defendants.

Award of Damages for Personal Injury

Application: The appellate court reviewed the jury's award of damages for personal injury, including past medical expenses, future medical costs, and general damages, and considered whether the jury's award was supported by the evidence.

Reasoning: The appellate court's primary consideration is whether the jury's award is reasonably supported by the evidence, rather than whether a different award would have been more appropriate.

Determination of Medical Expenses

Application: The jury's award for past medical expenses was upheld despite a minor discrepancy with proven expenses, while future medical expenses were reduced due to inconsistencies in treatment frequency.

Reasoning: For future medical expenses, the jury's award of $18,000 was contested by the appellants. Dr. LeJeune projected annual costs of $1,920 based on ongoing treatment needs. However, discrepancies in the plaintiff’s treatment frequency and a lack of consistent medical visits led the court to deem the future expense award excessive, reducing it to $10,000.