Sherry Boothe and Barry Boothe, Individually and on Behalf of Their Minor Children, Amber and Amanda Boothe v. State of Louisiana Department of Transportation and Development and Parish of East Baton Rouge, 285 So.3d 451

On Dec. 12, 2008 Sherry Boothe lost control on the Comite River Bridge after a snow/ice event; her car crossed the median and flipped. A state trooper found ice across lane lines and closed the roadway pending sanding.
DOTD employees acknowledged work orders were issued to sand the bridge that day; testimony conflicted about whether both sides were sanded and whether sanding was observed at the scene.
Plaintiffs sued DOTD under Louisiana law for roadway custody/defect liability, alleging icy conditions created an unreasonable risk and caused the crash.
A jury returned a 9–3 verdict for DOTD (no fault). The district court granted plaintiffs’ JNOV and awarded $919,191.20 in damages (including $600,000 general damages to Ms. Boothe).
The court of appeal affirmed JNOV, reduced general damages to the statutory $500,000 cap, vacated certain awards, and placed future medical funds in a revisionary trust. The Supreme Court granted certiorari.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether JNOV overturning the jury verdict was proper (liability)	Boothe: evidence establishes DOTD custody, hazardous icy condition, DOTD notice/failure to correct, and causation	DOTD: evidence permits reasonable jurors to find no unreasonable risk or culpable failure—Jury verdict should stand	Court: Affirmed JNOV — officer’s uncontroverted testimony of ice, work orders, and admissions about limited sanding meant evidence overwhelmingly favored plaintiffs; reasonable jurors could not reach contrary verdict
Whether the general damages award was excessive	Boothe: significant, chronic cervical injury, ongoing pain, reduced activities and earnings justify the award	DOTD: comparable neck injury cases show much lower awards; $600,000 is excessive	Court: Found $600,000 an abuse of discretion and reduced general damages to $300,000 (other appellate adjustments, including statutory cap matters, otherwise affirmed)

Joseph v. Broussard Rice Mill, Inc., 772 So.2d 94 (La. 2000) (standards for granting and reviewing JNOV)
Scott v. Hospital Serv. Dist. No. 1, 496 So.2d 270 (La. 1986) (JNOV warranted only when facts and inferences point overwhelmingly in favor of one party)
Anderson v. New Orleans Pub. Serv., Inc., 583 So.2d 829 (La. 1991) (evaluation of JNOV; resolve inferences for nonmoving party)
Cormier v. Comeaux, 748 So.2d 1123 (La. 1999) (elements of municipal/state custody/defect liability for things in DOTD control)
Youn v. Maritime Overseas Corp., 623 So.2d 1257 (La. 1993) (appellate deference to trier-of-fact on general damages)
Coco v. Winston Indus., Inc., 341 So.2d 332 (La. 1976) (use of prior awards to bound excessive general damages adjustments)
Collins v. Shelter Mut. Ins. Co., 833 So.2d 1166 (La. App. 2 Cir. 2002) (comparative authority on long-term neck injury and general damage awards)