63 So. 3d 181
La. Ct. App.2011Background
- Deborrah Munch sued Nicholas Backer and USAA after a rear-end collision, alleging head, neck, spine, and wrist injuries with multiple surgeries.
- Liability was stipulated; trial in May 2010 addressed damages only.
- Jury awarded general damages $12,000, loss of enjoyment of life $3,000, medical expenses $6,343, past wages $8,960, total $30,303.
- Plaintiff challenged evidentiary rulings on credibility attacks, jury instructions on causation, and the damages award.
- Appellate court affirmed trial court’s rulings, instructions, and the damages award, holding no abuse of discretion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admission of credibility evidence | Munch contends limine rulings allowed credibility attacks. | Backer/USAA contends evidence relevant to credibility was admissible. | No abuse; admissible to attack credibility under law. |
| Causation jury instructions | Instructions improperly burden plaintiff for intervening causes; should require but-for causation. | Instructions correctly stated substantial factor causation; not error to omit but-for wording. | No error; substantial factor standard properly conveyed. |
| Housley presumption of causation | Jury failed to apply Housley presumption. | Presumption not proven given lack of pre-accident good health evidence. | No manifest error; award upheld without relying on Housley presumption. |
| Damages award adequacy | Damages were abusively low given injuries and surgeries. | Jury credibility and evidence support the award; no abuse of discretion. | No abuse; total damages, including past wages and medical expenses, were reasonable. |
Key Cases Cited
- Jemison v. Timpton, 38 So.3d 1021 (La. App. 4 Cir. 2010) (trial court’s evidentiary discretion review)
- Miller v. Southern Baptist Hospital, 806 So.2d 10 (La. App. 4 Cir. 2001) (credibility evidence admissibility)
- Laurent v. Jolly-Wright, 950 So.2d 47 (La. App. 4 Cir. 2007) (intervening causes and causation law)
- Scott v. Dauterive Hosp. Corp., 851 So.2d 1152 (La. App. 3 Cir. 2003) (jury instructions on causation sufficiency)
- Perkins v. Entergy Corp., 782 So.2d 606 (La. 2001) (substantial factor standard for concurrent causes)
- Ryan v. Zurich American Ins. Co., 988 So.2d 214 (La. 2008) (review of damages and lost earning capacity)
- Dufrene v. Gautreau Family, L.L.C., 980 So.2d 68 (La. App. 5 Cir. 2008) (standard of review for damages)
- Guillot v. DaimlerChrysler Corp., 50 So.3d 173 (La. App. 4 Cir. 2010) (abuse of discretion in damages assessment)
- Youn v. Maritime Overseas Corp., 623 So.2d 1257 (La. 1993) (general damages framework; discretion of trial court)
- Bouquet v. Wal-Mart Stores, Inc., 979 So.2d 456 (La. 2008) (limits on appellate review of general damages)