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Murchison v. Lyndon Property Ins. Co.12/30/2004
evidence supported this decision, it was improper for the trial court to grant the JNOV and, in doing so, substitute its own assessment of the evidence for that of the jury. We, therefore, reinstate the jury's award of damages subject to the new allocation of fault.
Stipulated Damages
Defendants request that the JNOV reflect a credit for the $4,037.29 paid to Ellen Murchison, the cash value of her car. The record indicates that the parties stipulated the amount paid toward the value of the vehicle; however, the judgment does not recognize the credit in the award for damages. We, therefore, amend the judgment to reflect the stipulation and credit the defendants in the amount of $4,037.29.
New Trial
Louisiana Code of Civil Procedure Article 1811(c)(2) states that "if the motion for a new trial has been conditionally granted and the judgment is reversed on appeal, the new trial shall proceed unless the appellate court orders otherwise." The applicable standard of review in such a matter is whether the trial court abused its discretion. Anthony v. Davis Lumber, 629 So.2d 329 (La.1993). We find that the jury's verdict on damages was supported by a fair interpretation of the evidence, including Dr. Bernauer's inability to provide a confident medical opinion that the accident caused the injury , in contrast with Dr. Perry's testimony that it was implausible that Mr. Murchison's injury resulted from the September 8, 1998, accident in light of the time frame in which the ruptures occurred in relation to the accident. Where the evidence supports the jury's verdict, the grant of a new trial must be reversed. Davis v. Witt, 02-3102, p. 23 (La. 07/02/03), 851 So.2d 1119, 1134.
IV. CONCLUSION
For the foregoing reasons, the JNOV granted for the reallocation of fault is affirmed. The JNOV granted for the reallocation of damages and the conditional new trial is reversed. We amend the judgment to reflect the stipulated credit in the amount of $4,037.29 to be applied to Ellen Murchison's property damage award. Costs of this appeal are assessed equally to defendants, Officer Timothy Richards and the City of Lake Charles, and plaintiffs, Daniel Murchison and Ellen Murchison.
AFFIRMED IN PART; REVERSED IN PART; AMENDED IN PART; AND RENDERED.
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