Rebecca and Jeremy Tripp Versus Dg Louisiana, LLC D/B/A Dollar General Stores, Abc Insurance, and Shauntel Straughter
23-CA-487
La. Ct. App.Apr 24, 2024Background
- Rebecca Tripp was injured in July 2017 after falling from a toilet seat that was not attached at a Dollar General store in Louisiana.
- Tripp sustained injuries to her lower back, sacrum, and left leg; over time, she underwent SI joint fusion and lumbar fusion surgeries due to worsening symptoms.
- The defendant (DG Louisiana, LLC, d/b/a Dollar General) stipulated to liability for the accident; the case proceeded to trial on the nature and extent of damages.
- The jury awarded the Tripps $614,655.23 in total damages, comprised of general damages ($236,000), past medical expenses, and past loss of enjoyment of life; no future damages or loss of consortium were awarded.
- DG appealed, arguing the accident did not cause Tripp’s surgeries and that damages were excessive; the plaintiffs appealed the sufficiency of the damages awarded.
- The appellate court affirmed the trial court’s judgment, finding no manifest error or abuse of discretion in the jury’s factual determinations and damages awarded.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Causation for Surgeries | Fall caused both SI and lumbar surgeries; supported by treating docs | Surgeries unrelated; Tripp had pre-existing conditions and gaps in care | Jury’s finding of causation not manifestly erroneous |
| Award of General & Special Damages | Awards for pain, suffering, enjoyment, and expenses too low | Awards excessive, only soft-tissue injury merited minimal damages | No abuse of discretion; awards affirmed |
| Future Medical Expenses | Evidence of probable future surgery; should be awarded | No certain necessity for future surgery | Proper to award $0; jury’s choice upheld |
| Loss of Consortium | Suffered spousal relationship harms post-accident | No sufficient loss proven | $0 award reasonable; not clearly wrong |
Key Cases Cited
- Rosell v. ESCO, 549 So.2d 840 (La. 1989) (factfinder’s decisions on credibility rarely manifest error)
- Wainwright v. Fontenot, 774 So.2d 70 (La. 2000) (definition and review standard for special damages)
- Jones v. Market Basket Stores, Inc., 359 So.3d 452 (La. 2023) (general damages discretion)
- Kaiser v. Hardin, 953 So.2d 802 (La. 2007) (review of special damages for manifest error)
- LaSalle v. Benson Car Co., Inc., 783 So.2d 404 (La. App. 5 Cir. 2001) (plaintiff must prove causation by preponderance)
- Pete v. Boland Marine & Mfg. Co., LLC, 2023 WL 6937381 (La. 2023) (review of general damages awards for abuse of discretion)