White v. Entergy Gulf States Louisiana, L.L.C.
167 So. 3d 764
| La. Ct. App. | 2014Background
- Tommy Lloyd White, Sr. worked as an operator at Entergy’s Louisiana Station from 1955–1974 and was later diagnosed with mesothelioma on July 1, 2011; he died August 8, 2011.
- Plaintiffs (wife and adult children) filed survival and wrongful death claims against many defendants; all settled or were dismissed except Entergy, G.E., CBS/Westinghouse, and Foster Wheeler. Case proceeded on the survival claim only against Entergy by stipulation.
- Trial was a two-day bench trial; district court awarded $3.8 million in general (survival) damages and entered judgment June 27, 2013; no written reasons but oral reasons referenced the family’s testimony.
- Entergy appealed, asserting (1) the court based the award on non-compensable wrongful-death/survivor anguish and (2) the $3.8 million award was an abuse of discretion given the short post-diagnosis survival period.
- Evidence at trial showed long-standing asbestos-related changes since 2005, escalating symptoms in 2011, hospitalization, chemotherapy, morphine for pain, hospice care, and severe end-of-life suffering according to treating physicians and family testimony.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the district court awarded survival damages based on non-compensable wrongful-death/beneficiaries’ anguish | Award reflects victim’s pain and suffering; evidence focused on decedent’s pre-death suffering | Court relied on family testimony and compassion, improperly compensating plaintiffs’ own anguish | No error — record shows evidence addressed decedent’s pain and suffering; bench comments did not show compensation for beneficiaries’ losses |
| Whether $3.8M in survival damages is an abuse of discretion | Decedent endured substantial, escalating pain and multi-system effects from mesothelioma; award within trier-of-fact discretion | Award excessive given short (<6 weeks) survival after diagnosis, apparent palliation, family presence, and some statements that decedent was not afraid | Not an abuse — given evidence of long-term symptoms, severe end-of-life suffering, and deference to trial court’s broad discretion, award affirmed |
Key Cases Cited
- Mart v. Hill, 505 So.2d 1120 (La. 1987) (two-part standard for appellate review of factual findings)
- Stobart v. State through Dept. of Transp. and Development, 617 So.2d 880 (La. 1993) (appellate review standard for manifest error after full-record review)
- McGee v. A C And S, Inc., 933 So.2d 770 (La. 2006) (distinction between survival and wrongful-death remedies)
- Rando v. Anco Insulations, Inc., 16 So.3d 1065 (La. 2009) (use and limits of prior awards in assessing excessiveness)
- Terrance v. Dow Chem. Co., 971 So.2d 1058 (La. App. 1 Cir. 2007) (example of affirmed substantial survival award in mesothelioma case)
- Youn v. Maritime Overseas Corp., 623 So.2d 1257 (La. 1993) (standard for appellate adjustment of general damages)