342 So.3d 28
La. Ct. App.2022Background
- Kathryn M. Fontenot, an inmate at the Louisiana Correctional Institute for Women, was knocked to the ground on March 11, 2014, when Lt. Charles L. Thomas ran through an inmate medication line responding to a call for assistance and collided with her.
- Fontenot sustained a comminuted fracture of the surgical neck of the left humerus, persistent pain, reduced range of motion, physical therapy, and ongoing analgesic use years after the injury.
- Bench trial held after parties stipulated damages did not exceed $50,000; trial court found Lt. Thomas negligent, rejected that Fontenot intentionally stepped into his path, and awarded $48,550 in general damages and $1,450 in past medical expenses.
- Defendants (State DPSC and Lt. Thomas) appealed, raising: failure to allocate fault to Fontenot, failure to mitigate, excessiveness of general damages, and improper joinder/casting of Warden Jim Rogers.
- The appellate court affirmed the judgment as to liability and damages, declined to entertain the mitigation argument (raised first on appeal and unsupported at trial), but amended the judgment to dismiss claims against Warden Rogers; appeal costs assessed to defendants.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Allocation of fault (comparative fault) | Fontenot had no fault; she was startled and had no time or clear direction to avoid the officer. | Fontenot stepped into Thomas' path and should bear some percentage of fault. | Trial court's finding that Fontenot was not at fault was not manifestly erroneous; no fault allocated to Fontenot. |
| Failure to mitigate damages | Fontenot pursued treatment (infirmary care, PT, later private care) and reasonably mitigated. | Fontenot failed to follow Dr. Lyons' recommendations for repeat injections and follow-up, so damages should be reduced. | Appellate court refused to consider the mitigation argument because it was raised first on appeal and defendants introduced no evidence at trial proving lack of mitigation. |
| Excessiveness of general damages (quantum) | Award reflects long-term pain, loss of function, and ongoing care needs. | Award was excessive. | Award was within trial court's broad discretion; appellate court found no abuse of discretion. |
| Liability of Warden Jim Rogers | Petition alleged negligent supervision/training. | Evidence showed Rogers was not Lt. Thomas's employer or supervisor and not responsible for training. | Judgment amended to dismiss all claims against Warden Rogers; plaintiff did not oppose that amendment. |
Key Cases Cited
- Watson v. State Farm Fire & Casualty Ins. Co., 469 So.2d 967 (La. 1985) (factors for allocating fault and assessing comparative negligence)
- Youn v. Maritime Overseas Corp., 623 So.2d 1257 (La. 1993) (appellate review standard for general damages; trial court given great discretion)
- Wainwright v. Fontenot, 774 So.2d 70 (La. 2000) (deference to trier of fact on quantum)
- Guillory v. Lee, 16 So.3d 1104 (La. 2009) (trial court discretion in assessing quantum)
- Aaron v. Exxon Mobil Corp., 271 So.3d 205 (La. App. 1 Cir. 2018) (allocation of fault; appellate review as manifest error)
- Lemoine v. Mike Munna, L.L.C., 148 So.3d 205 (La. App. 1 Cir. 2014) (burden on party asserting failure to mitigate)
- Aisole v. Dean, 574 So.2d 1248 (La. 1991) (tort victim's duty to take reasonable steps to mitigate damages)
- Sepulvado v. Turner, 862 So.2d 457 (La. App. 2 Cir. 2003) (mitigation need only be reasonable; not extraordinary)