83 So. 3d 1225
La. Ct. App.2012Background
- Ms. Stelly was rear-ended by a Kentwood Water delivery truck insured by Zurich, injuring her lower neck and low back.
- She underwent chiropractic treatment with Dr. Higginbotham from Sept 24, 2008 to Jan 20, 2011 (28 months) for the Kentwood accident and for a separate pre-existing or prior accident.
- The trial court awarded $6,458 in medical specials and $20,000 in general damages, treating the injuries as seven months of aggravation of pre-existing conditions.
- The court found no future medical expenses and denied any future chiropractic care; it used an April 21, 2009 release date that did not reflect continued treatment through Jan 2011.
- On appeal, the court increased general damages to $43,000, concluding that the Kentwood injuries and treatment duration warranted a higher award.
- The total judgment, after amendment, remained $49,458, with future medical care still denied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether general damages were abusively low | Stelly argues general damages were too low given prolonged treatment and impact. | Zurich contends the award was within trial court discretion. | General damages increased; abuse of discretion found; award set at $43,000. |
| Whether future medical care expenses should be awarded | Stelly asserts she will need lifelong chiropractic care due to the Kentwood accident. | Zurich argues no demonstrated need for future care and no causal link proven. | Denial of future medical expenses affirmed. |
Key Cases Cited
- Duncan v. Kansas City Southern Railway Co., 773 So.2d 670 (La. 2001) (standard for appellate review of general damages)
- Youn v. Maritime Overseas Corp., 623 So.2d 1257 (La.1993) (appellate review bound by discretion; harms weigh on reasonableness)
- Cone v. National Emergency Serv. Inc., 747 So.2d 1085 (La.1999) (abuse of discretion standard for general damages)
- Reck v. Stevens, 373 So.2d 498 (La.1979) (two-tier factual review framework)
- Morans v. Frederick, 916 So.2d 474 (La.App.3 Cir. 2005) (adequacy of past damages for soft tissue injuries)
- Jacobs v. City of Marksville, 953 So.2d 139 (La.App.3 Cir. 2007) (general damages for soft tissue injuries with conservative treatment)
- Stiles v. K Mart Corp., 597 So.2d 1012 (La.1992) (future medical expenses need not be precisely valued at trial)
- Keeth v. Dept. of Pub. Safety & Transp., 618 So.2d 1154 (La.App. 2 Cir.1993) (definition of general damages context)