82 So. 3d 548
La. Ct. App.2011Background
- Chabanais provided a 36-meter boom pump truck to P. Vicari Contractors for construction at Archbishop Shaw High School.
- Powell, a cement finisher, was on the second floor when concrete blew from the boom and concrete entered his eyes.
- Powell sought medical treatment; doctors diagnosed chemical burns and later glaucoma began to be considered as related to the injury or treatment.
- Trial court awarded Powell $415,560.65 for general damages, future medicals, and past medical expenses; Chabanais appealed.
- The court found evidence supported negligence and res ipsa loquitur; the reducer was a wear item and inspection practices were deficient.
- A post-trial correction reduced the future medicals by $6,915, and the judgment was affirmed as amended.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether reducer defect/notice liability exists | Powell: reducer defect caused accident; res ipsa applicable | Chabanais: no proven defect or notice; burden not met | Res ipsa loquitur applies; negligence proven; liability found |
| Whether Powell bears fault for the accident | Powell minus fault; not required to wear goggles since incident pre-start | Powell contributed by not wearing goggles | Powell not at fault; assignment of fault rejected |
| Causation of Powell's glaucoma | Trauma plus steroid treatment contributed to glaucoma | Glaucoma could be underlying or steroid-related but not necessarily caused by trauma | Trial court not manifestly erroneous; causal link supported by expert weight |
| Excessiveness of general damages | Award reasonable given pain, medical needs, fear of blindness | General damages too high relative to comparable cases | No abuse of discretion; affirm general damages amount |
| Credit for future medicals from charity (collateral source) | EENT payments are collateral; no deduction | EENT not collateral; credit allowed | Collateral source rule preserved; amendment reduces future medicals by $6,915 |
Key Cases Cited
- Hanks v. Entergy Corp., 944 So. 2d 564 (La. 2006) (negligence burden standard; preponderance of evidence)
- Benjamin ex rel. Benjamin v. Housing Authority of New Orleans, 893 So.2d 1 (La. 2004) (causation evidence framework)
- Ullrich v. Jefferson Parish Hospital Service District No. 2, 867 So.2d 7 (La.App. 5 Cir. 2004) (res ipsa loquitur elements and burden for absence of direct evidence)
- Zapalowski v. Campbell, 988 So.2d 772 (La.App. 5 Cir. 2008) (proof of defendant's knowledge of defect and failure to exercise care)
- Spiller v. ABH Trucking Co., Inc., 713 So.2d 505 (La.App. 2 Cir. 1998) (causation and medical testimony framework)
- Bozeman v. State, 879 So.2d 692 (La. 2004) (collateral source rule; Medicaid write-offs discussion)
- Rayborn v. Diamond Offshore Co., 832 So.2d 1052 (La.App. 4 Cir. 2002) (eye injury general damages cap guidance)
- Martin v. Gulf S. Beverages, Inc., 454 So.2d 250 (La.App. 5 Cir. 1984) (review of general damages discretion)
- Coco v. Winston Industries, Inc., 341 So.2d 332 (La. 1977) (standard for appellate review of damages)