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Greer v. Lammico12/22/2000
hough it was only $100,000.00. This argument is without merit.
This precise issue was addressed by this court in Hunter v. Bossier Medical Center, 31,026 (La. App. 2d Cir. 9/25/98), 718 So. 2d 636. In that case, we concluded that the court should look to the defendant health care provider's classification as a state or non-state agency and not the status of the PCF when determining how court costs should be allocated to the litigant. Because Dr. Barrett is not a state agency, La. R.S. 13:5105(B) does not apply.
Regarding the assessment of costs, it is well established that the court may render judgment for costs, or any part thereof, against any party as it may consider equitable. La. C.C.P. art. 1920. The trial court has great discretion in determining and allocating court costs. In the present case, at the trial court level, the plaintiffs were unsuccessful in proving that Dr. Barrett's malpractice caused damages in excess of $100,000.00. Therefore, we see no abuse of the trial court's great discretion in assessing costs to the plaintiffs.
INTEREST
The plaintiffs seek clarification of whether the PCF is liable for judicial interest on the entire amount awarded or only on the amount in excess of $100,000.00. Because we affirm the trial court judgment and award no damages in excess of $100,000.00, consideration of this issue is not necessary.
JUDGMENT NOTWITHSTANDING THE VERDICT
The Greers argue that the trial court erred in failing to grant JNOV in their favor. In the lower court, they sought modification of the jury verdict, complaining that the damage awards for loss of chance of survival, pain and suffering and loss of consortium were too low. Because we find that the jury awards were not abusively low, the trial court did not err in failing to grant JNOV in favor of the Greers.
CONCLUSION
For the reasons stated above, we reject the claims of the plaintiffs and the Louisiana Patient Compensation Fund. We affirm the jury verdict and trial court judgment in all respects. Costs in this court are assessed one-half to the plaintiffs and one-half to the defendant, the Louisiana Patient Compensation Fund.
AFFIRMED.
NORRIS, C.J., concurs in part and dissents in part.
I respectfully concur in part and dissent in part. I agree that the plaintiffs proved, under the standards of Graham v. Willis-Knighton Medical Center, 97-0188 (La. 9/9/97), 699 So.2d 365, that Mrs. Greer sustained a loss of chance of survival as a result of Dr. Barrett's conduct. However, this record (chiefly Dr. Barrett's own testimony) supports a finding that her lost chance was at least 33%. See, Greer v. Lammico, 29,066 (La. App. 2 Cir. 1/31/97), p. 8, 688 So.2d 692 at 696, vacated and remanded. As such, the lowest affirmable award would be $175,000. See, Corley v. State, 32,613 (La. App. 2 Cir. 12.30/99), 749 So.2d 926; Stroud v. Golson, 32,044 (La. App. 2 Cir. 6/16/99), 741 So.2d 182, writ denied 99-2108 (La. 10/29/99), 744 So.2d 1286; McCrery v. Willis-Knighton Medical Center, 28,999 (La. App. 2 Cir. 12/10/97), 705 So.2d 753.
I would therefore affirm the finding of liability but amend the quantum to $175,000.
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