54 So. 3d 1164
La. Ct. App.2010Background
- Ms. Mixter was rear-ended by Mr. Wilson on April 23, 2008; Allstate insured Wilson.
- Ms. Mixter received ER treatment the night of the accident and was diagnosed with neck strain, knee and chest contusions.
- Chiropractor and orthopedic treatment followed, including MRI showing cervical disc issues (C3-4, C4-5, C5-6, C6-7).
- Definitive impairment findings: 11% whole-body spine impairment and 8% right-arm impairment attributable to the accident.
- Trial occurred January 4, 2010; damages limited to policy limits ($50,000); medical bills and policy contents admitted.
- The trial court awarded $9,000 for pain and suffering and $10,876.96 for past medicals; the appellate court later amended to $30,000 general damages.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether general damages were abusively low | Mixter contends trial court abused discretion given 11% spine impairment and prolonged treatment. | Allstate argues court’s award within wide discretion and should not be disturbed. | Trial court abused its discretion; award increased to $30,000. |
| Whether loss of enjoyment of life should be separately awarded | Mixter sought separate compensation for loss of enjoyment of life. | No explicit loss-of-enjoyment evidence; trial court did not err in not awarding it separately. | No separate award; affirm denial of separate loss-of-enjoyment damages. |
Key Cases Cited
- Duncan v. Kansas City S. Ry. Co., 773 So.2d 670 (La. 2000) (defines general damages concept and non-precise quantification)
- Reck v. Stevens, 373 So.2d 498 (La.1980) (recognizes broad discretion in assessing general damages)
- Youn v. Maritime Overseas Corp., 623 So.2d 1257 (La.1993) (abuses of discretion framework for general damages)
- Cone v. Nat'l Emergency Serv. Inc., 747 So.2d 1085 (La.1999) (abuse-of-discretion standard for reviewing awards)
- Coco v. Winston Indus., Inc., 341 So.2d 332 (La.1976) (limits on appellate reweighing of damages within discretion)
- Herzog v. Fabacher, 800 So.2d 997 (La.App.5th Cir. 2001) (uses prior awards to bound extent of discretion)
- Andrus v. Board, 626 So.2d 1224 (La.App.3d Cir. 1993) (illustrates review of cervical spine injuries and damages)
- Friedmann v. Landa, 573 So.2d 1255 (La.App.4th Cir. 1991) (general damages for chronic pain with injections)
- Augillard v. Gaspard, 820 So.2d 1177 (La.App.5th Cir. 2002) (distinguishes bulging discs laceration case from others)
- Moody v. Cummings, 37 So.3d 1054 (La.App.4th Cir. 2010) (examines cervical spine injury with injections and higher damages)
- McGee v. AC and S, Inc., 933 So.2d 770 (La. 2006) (loss of enjoyment and general damages considerations)