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Beilenson v. Jefferson Parish Hospital Service Dist No. 212/14/2004
testimony indicates that Ms. Ostrolenk may have aspirated gastric material prior to her death, i.e. she coughed up brown mucus. Additionally, there are several cases in which high awards have been affirmed in a survivor action when the decedent suffered a short amount of time. See Ruttley v. Lee, 99-1130 (La.App. 5 Cir. 5/17/00),761 So.2d 777; In re Medical Review Panel Billelo, 621 So.2d 6 (La. App. 4 Cir. 1993). Thus, we find no abuse of discretion in the award made by the trial court for the survival action.
Finally, we address the wrongful death awards adjudicated to Ms. Ostrolenk's sons. As stated above the trial court awarded $175,000.00 to each of Ms. Ostrolenk's adult son's for the wrongful death of their mother. The Fund contends this award is an abuse of discretion and suggests it be lowered while the plaintiffs answered the appeal and request the amount be increased.
Stuart and Ronald Beilinson both testified that their father deserted the family when they were young children and explained that their mother functioned as both a mother and father. They testified extensively as to their mother's musical accomplishments and her teaching of music to her children and as to their involvement in her musical and theater productions. While both sons lived out of state they both testified that they had frequent contact with their mother, which was evidenced by the many pictures admitted into evidence. Some of these pictures were taken only five days prior to Ms. Ostolenk's death. A videotape of the family was also shown to the jury. In the letter written by Stuart, he expressed his longing for his mother to assist him in raising his children alone, particularly his teenage daughter. Ronald's letter spoke of his newest child whom his mother had never seen.
While we find an award of $175,000.00 to a major child for the loss of a parent to be high, similar high awards have been affirmed based on the particular facts of the particular cases. See Simmons v. CTL Distribution, 03-1301 (La. App. 5 Cir. 2/23/04), 868 So.2d 918; Ly v. State 633 So.2d 197 (La. App. 1 Cir. 1993). In the case before us, both sons testified that their mother acted as both mother and father and although they lived out of State they had frequent contact with their mother. The testimony showed a close and loving relationship between Ms. Ostrolenk and her sons. Thus, we find no abuse of discretion in the awards given to plaintiffs for the wrongful death of their mother.
For the foregoing reasons, the judgment of the trial court is affirmed.
AFFIRMED
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