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Simms v. Progressive Insurance Co.9/29/2004
2d 239; Whiddon v. Hutchinson, 94-2000 (La. App. 1st Cir. 2/23/96), 668 So. 2d 1368, writ denied, 96-0731 and 96-0775 (La. 5/10/96), 672 So. 2d 923; and Castay v. ADM Growmark River Systems, Inc., 00-1489 (La. App. 5th Cir. 3/14/01), 785 So. 2d 47, writ denied, 2001-1058 (La. 6/1/01), 793 So. 2d 196 and 2001-1079 (La. 6/1/01), 793 So. 2d 199.
Based on this record, we find the highest award reasonably within the jury's discretion to be $35,000 for the loss of consortium suffered by Mr. Simms. See Beckham v. St. Paul Fire & Marine Ins., 614 So. 2d 760 (La. App. 2d Cir. 1992), awarding $35,000 to husband who cleaned burn wounds and did chores for wife recovering from burns and surgery; and Sevario v. State, DOTD, 98-2250 (La. App. 1st Cir. 11/10/99), 752 So. 2d 221, writ denied, 99-3457 (La. 4/7/00), 759 So. 2d 760, and writ not considered, 99-3638 (La. 4/7/00), 759 So. 2d 81 and 2000-0044 (La. 4/7/00), 759 So. 2d 82, awarding $35,000 to husband whose wife underwent multiple surgeries for pelvic, femur, and foot fractures.
Correction of Judgment
Finally, appellants seek to have the judgment corrected to reflect the policy limits under Progressive's policy, which provided liability coverage to Williamson in the amount of $250,000. We decline to amend the judgment as requested. The record shows that plaintiffs' counsel approved the judgment. No correction was sought in the trial court. Accordingly, we find no basis for correction by this court.
CONCLUSION
For the reasons stated, we affirm the judgment of the trial court in accordance with the jury's verdict apportioning 55% of the fault to Williamson and 45% of the fault to Simms. However, the award of damages is amended to reflect an award for loss of enjoyment of life in the amount of $50,000, and an award for permanent scarring and disfigurement in the amount of $25,000. Accordingly, Simms is awarded total general damages in the amount of $510,000, subject to reduction by her percentage of fault. The judgment is also amended to reflect Sidney Simms' award for loss of consortium in the amount of $35,000, subject to reduction by Sara Simms' percentage of fault. Costs are assessed between the parties in accordance with their percentage of fault.
AMENDED IN PART AND AFFIRMED, AS AMENDED.
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