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Fontana v. Coca-Cola Enterprises, Inc.

Citations: 632 So. 2d 811; 1994 La. App. LEXIS 280; 1994 WL 42193Docket: No. 93-CA-1003

Court: Louisiana Court of Appeal; February 10, 1994; Louisiana; State Appellate Court

Narrative Opinion Summary

This case involves a personal injury lawsuit arising from an accident at a bottling plant where the plaintiff's hand was crushed in a freight elevator door. The plaintiffs, including the injured technician and his wife, filed suit against the elevator company and the bottling plant for damages. After a jury trial, the technician was awarded $200,000 in damages, reduced by 20% for his own contributory fault, while the claims against the elevator company and the wife's loss of consortium were dismissed. The jury found the elevator defective, attributing substantial liability to the bottling plant, which appealed the decision, contesting the damages and the allocation of fault. The court upheld the jury's findings, noting that the evidence supported the plaintiff's testimony and expert opinion on defectiveness and causation. The appeal also challenged the credibility of the plaintiff and the excessiveness of the damages, but the court affirmed the judgment, concluding that the damages were appropriate given the plaintiff's injuries and ongoing pain. The bottling plant's arguments regarding improper closing arguments and fault allocation were dismissed due to lack of sufficient record and evidence to overturn the jury's verdict.

Legal Issues Addressed

Appeal Based on Excessive Damages

Application: Coca-Cola's appeal argued that the damages awarded were excessive, but the court upheld the jury's assessment due to the plaintiff's enduring pain and surgeries.

Reasoning: Coke also argued that the $200,000 award was excessive, as the plaintiff had no permanent disability, referencing cases with lower verdicts.

Causation in Personal Injury Claims

Application: The court evaluated conflicting testimonies regarding causation of the plaintiff's ulnar nerve condition and found supporting evidence from doctors linking it to the accident.

Reasoning: Coke contested that the plaintiff failed to prove the accident caused his ulnar nerve condition, citing testimony from a neurologist, but ignored supporting testimonies from Drs. Levy and Stokes linking the condition to the accident.

Comparative Negligence under Louisiana Law

Application: The court applied the principle of comparative negligence, reducing the plaintiff's damages by his percentage of fault.

Reasoning: Under Louisiana law (LSA-C.C. art. 2323), this comparative negligence reduced the plaintiff's damages by that percentage, resulting in a $200,000 award adjusted down to $160,000.

Defective Product Liability

Application: The jury found the elevator defective based on expert testimony, but the court noted the standards were not applicable unless the elevator underwent significant renovation.

Reasoning: The jury found the door defective, largely based on the plaintiff's expert testimony regarding the straps' incorrect positioning and length.

Jury Credibility Determinations

Application: The jury's determination of credibility regarding the plaintiff's testimony was upheld despite inconsistencies claimed by the defendant.

Reasoning: Despite this, the jury found the plaintiff's testimony credible.