210 So. 3d 302
La. Ct. App.2016Background
- On August 29, 2003, defendant Dr. John Stroy grabbed a repair estimate from plaintiff Jude K. Menard at plaintiff’s workplace; during the encounter plaintiff’s right wrist was twisted and he later developed De Quervain’s tendinitis.
- Plaintiff sought immediate and later orthopedic treatment; he had several visits through late 2003, sporadic medication use afterward, and testified he still had wrist pain years later.
- Plaintiff sued in February 2004 for damages (general and medical); defendant filed a reconventional demand that was later struck. Shelter Mutual (defendant’s homeowner insurer) was later added and denied coverage.
- After motions (including a denied summary judgment by Shelter Mutual) a bench trial in November 2014 resulted in judgment for plaintiff: $3,000 in general damages and $3,048 in special damages for medical expenses through November 2003; a March 9, 2004 medical bill of $220 was denied.
- Plaintiff appealed contesting the adequacy of general damages and the exclusion of the March 2004 medical bill.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether $3,000 general damages is inadequate | Menard said the award was too low given his ongoing pain and diagnosis | Trial court’s factual findings and credibility determinations supported the award | Affirmed — appellate court found no abuse of discretion; award within trier-of-fact’s wide discretion |
| Whether the March 9, 2004 medical bill ($220) related back to the incident | Menard argued the March visit was causally related and therefore compensable | Trial court found the lapse between visits was too tenuous to connect to the incident | Affirmed — trial court’s relation-back finding not manifestly erroneous |
Key Cases Cited
- Youn v. Maritime Overseas Corp., 623 So.2d 1257 (La. 1993) (appellate review of general damage awards defers to trial court’s broad discretion)
- Cone v. National Emergency Serv., Inc., 747 So.2d 1085 (La. 1999) (initial inquiry is whether trier of fact abused its discretion in general damages award)
- Reck v. Stevens, 373 So.2d 498 (La. 1979) (standards for reviewing general damages)
- Thibodeaux v. Comeaux, 69 So.3d 674 (La. App. 3 Cir. 2011) (appellate review uses manifest error/clearly wrong standard for factual findings)