Hammons v. St. Paul ex rel. St. Paul
101 So. 3d 1006
La. Ct. App.
2012

Background

  • Hammons sues St. Paul (on behalf of minor Jennifer St. Paul) and USAA; liability stipulated; damages trial only.
  • August 13, 2009 rear-end collision caused neck/back pain; MRI revealed C6-7 herniation and discogenic neck tear.
  • Plaintiff treated starting Aug 2009; neck pain persisted; chronic symptoms despite treatments.
  • February 2010 neurosurgical consult confirmed facet syndrome and degenerative changes; multiple injections with limited relief.
  • Plaintiff continued to work as a construction foreman under restrictions; credible medical testimony linked to accident.
  • October 24–26, 2011 jury awarded damages for past/future general damages, medical expenses, and lost wages; judgment entered; motions for JNOV denied; appeal ensued.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Future lost earnings/earning capacity proof Hammons showed residual disability with medical and vocational evidence. Record lacks certainty for long-term impairment. Affirmed; sufficient prima facie evidence supported future lost earnings.
Past lost wages proof Self-testimony plus supervisor corroboration established missed time. No documentary payroll proof; insufficient to prove past wages. Affirmed; jury reasonable on past wage loss given testimony and corroboration.

Key Cases Cited

  • Simon v. American Crescent Elevator Co., 767 So.2d 64 (La. App. 4th Cir. 2000) (standard for directed verdict/JNOV review: overwhelming persuasiveness required)
  • Updegraff v. State ex rel. Dept. of Transp. & Dev., 828 So.2d 693 (La. App. 4 Cir. 2002) (medical/corroborated proof for future earning capacity accommodates lay testimony)
  • Rathey v. Priority EMS, Inc., 894 So.2d 438 (La. App. 4th Cir. 2005) (future lost wages inherently speculative; factors for calculation outlined)
  • Myers v. Burger King Corp., 638 So.2d 369 (La. App. 4th Cir. 1994) (future wage loss calculations in personal injury cases)
  • Reichert v. Bertucci, 684 So.2d 1041 (La. App. 4th Cir. 1996) (past lost wages, mathematical calculation standard)
  • Everhardt v. Louisiana Dept. of Transp. and Development, 978 So.2d 1036 (La. App. 4th Cir. 2008) (review standard for denial of directed verdict)
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