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Short v. Plantation Management Corp.12/27/2000
on that Mrs. Short was not one to complain and was well on her way to becoming ambulatory again when her leg problem began.
Notwithstanding Mrs. Short's pre-existing health, Golden Age's violation of several sections of the Residents' Bill of Rights and its precipitation of Mrs. Short's ultimate demise, including a heart attack, bypass and leg amputation surgeries, all of which involved considerable pain, augur for a substantial award in general damages. After reviewing the evidence, we do not find the award of $650,000.00 in general damages to be an abuse of the court's discretion.
INTEREST
Finally, we address the assignment of error contesting the court's award of interest on the award of attorney fees. Louisiana Code of Civil Procedure article 1921 provides: "The court shall award interest in the judgment as prayed for or as provided by law." Legal interest on attorney fees cannot be awarded unless the party seeking its recovery has specifically requested it. Southern Siding Company, Inc. v. Raymond, 96-2168, p.9 (La. App. 1 Cir. 9/19/97), 703 So.2d 44, 49, writ denied, 97-3206 (La. 2/20/98), 709 So.2d 782. Ms. Bullock's petition sought legal interest on the judgment and reasonable attorney fees. However, due to the fact that legal interest on attorney fees was not expressly included in the prayer, the trial court's award of interest was erroneous. It is reversed.
DECREE
For the foregoing reasons, the judgment is affirmed, except as to the interest on attorney fees which is reversed. Costs of the appeal are assessed to Plantation Management Corporation d/b/a Golden Age Nursing Home.
AFFIRMED IN PART; REVERSED IN PART.
WEIMER, J., concurs and assigns additional reasons.
I agree that the cause of action pursuant to the Residents' Bill of Rights Law (LSA-R.S. 40:2010.8) is heritable. See Gibson v. Monroe Manor Nursing Home, 32,806 (La.App. 2 Cir. 3/3/00), 756 So.2d 583.
To determine that the right to pursue a cause of action based on the Residents' Bill of Rights Law is not heritable would lead to the unacceptable result that if a nursing home resident is negligently injured but survives, a cause of action exists, but if the negligence results in death, the cause of action is lost.
The obvious purpose of the Residents' Bill of Rights Law is to ensure a better quality of life for those in a nursing home. This purpose could be frustrated if the cause of action is terminated upon death of the nursing home resident. Many of these individuals are aged and frail. The nursing home could grievously violate the provisions of the act and when met with a suit, delay the litigation until the resident's death, thus terminating the cause of action and thwarting the purpose of the statute.
To hold the matter is not heritable assails the provisions of LSA-R.S. 40:2010.6 titled "Legislative intent" which states, in part, that "persons residing within nursing homes are isolated from the community and often lack the means to assert their rights as individual citizens." This provision anticipates others will assert the rights of those in the nursing homes. Additionally, LSA-R.S. 40:2010.9 titled "Civil enforcement" provides, in part, that the remedies provided in this action are in addition to and cumulative of other legal and administrative remedies available to a resident.
To hold that the provisions are not heritable would weaken the provisions and thus prevent the accomplishment of the obvious goal of the statute which is to prevent care givers from ignoring the needs of the residents.
I also note that LSA-R.S. 40:2010.9 states the action under the Reside
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