147 So. 3d 1125
La. Ct. App.2014Background
- Unoccupied tanker fire truck rolled from the fire department’s property next to the Sierra home and crashed through a wall into the master bedroom.
- Damage exposed the master bedroom to cold weather and destroyed furniture and furnishings.
- Sierra family was not home; their severely disabled son Corey was in the hospital; they were alerted by the sheriff’s office.
- Fire department personnel patched the hole and turned off electricity; a contractor’s repair timeline was proposed but not pursued by the family.
- The Sierras lived at a hotel December 7, 2010 to January 6, 2011 while Sierra repaired the home; the family faced ongoing stress and anxiety related to Corey’s care and the damaged home.
- Trial court awarded damages for inconvenience, loss of use, mental anguish, and emotional distress for two weeks of repair work; judgment entered May 17, 2013; both defendants appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether property-damage–related emotional distress requires more than ordinary worry. | Sierras suffered psychic trauma beyond usual worry. | Recovery should be limited to ordinary worry; no psych injury shown. | Sufficient evidence of psychic trauma to support damages. |
| Whether the Sierra children may recover for mental anguish. | Children suffered distress from displacement and hotel stay. | Only owners’ damages allowed; children not entitled. | Children may recover mental anguish damages. |
| Whether the two-week damages award was an abuse of discretion. | Award reflects significant distress during holidays and special needs care. | Award too high given two weeks; should be limited. | No abuse of discretion; awards affirmed. |
Key Cases Cited
- Williams v. City of Baton Rouge, 731 So.2d 240 (La. 1999) (limits on emotional distress for property damage; presence near damage permits recovery)
- Meyers v. Basso, 381 So.2d 843 (La. App. 1st Cir.) (no requirement for medical treatment to recover for mental anguish)
- Barrios v. Safeway Ins. Co., 97 So.3d 1019 (La. App. 4th Cir.) (recovery for mental distress in property damage cases)
- Elston v. Valley Elec. Membership Corp., 381 So.2d 554 (La. App. 2d Cir.) (recognizes psychic trauma criterion for recovery)
- Cutrer v. Illinois Cent. Gulf R. Co., 581 So.2d 1013 (La. App. 1st Cir.) (allowing mental anguish awards to children of damaged property)