Joseph v. Archdiocese of New Orleans
52 So. 3d 203
La. Ct. App.2010Background
- Cleveland Joseph, age 80, was rear-ended at a red light by a church-owned vehicle insured by Catholic Mutual Group; liability was found against the Archdiocese driver.
- Mr. Joseph was treated by a chiropractor and an orthopedist; MRI and other medical testing were performed, with differing assessments of injury scope.
- The jury awarded $20,000 general damages for pain, $10,000 general for mental pain, $9,375 past medical expenses, and $5,625 future medical expenses, totaling $45,000; defendants did not appeal.
- Evidence included Mr. Joseph’s alleged concealment of prior medical treatment and narcotic use, and questions about his prior back/neck problems.
- Mr. Joseph challenged juror bias and moved for JNOV, but the record lacked voir dire transcripts; the court preserved no timely objections to juror bias.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Preservation of juror-bias challenge | Joseph argues juror bias invalidates the verdict. | Defendants contend no preserved objection; review limited. | Issue not preserved; no de novo review of damages. |
| Future medical expenses | Future costs substantial; jury undervalued future care. | Evidence shows only short-term needs; jury credibility assessment allowed. | Jury's $5,625 future medical damages upheld as reasonable. |
| General damages award sufficiency | General damages should reflect long-term pain and impairment. | Discretionary award supported by credibility and evidence. | General damages of $30,000 affirmed under abuse-of-discretion review. |
Key Cases Cited
- Youn v. Maritime Overseas Corp., 623 So.2d 1257 (La. 1993) (great discretion in awarding general damages)
- Duncan v. Kansas City Southern Railway Co., 773 So.2d 670 (La. 2000) (policy on quantum as a factual determination)
- Anderson v. New Orleans Public Service, Inc., 583 So.2d 829 (La. 1991) (purpose and standard for JNOV)
- Burns v. CLK Investments V, L.L.C., 45 So.3d 1152 (La. App. 4th Cir. 2010) (review standard for manifest errors in jury verdicts)
- Adams v. Rhodia, Inc., 983 So.2d 798 (La. 2008) (appellate standard for reviewing trial evidence)
- J.A.G. v. Schmaltz, 682 So.2d 331 (La. App. 4th Cir. 1996) (non-binding expert testimony may be weighed by jury)
- Wainwright v. Fontenot, 774 So.2d 70 (La. 2000) (abuse-of-discretion standard for general damages)