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Grieff v. Parish of Jefferson12/13/2000
s work life. In reaching that conclusion, she relied on the testimony of Dr. Cornelius Gorman, an experienced vocational rehabilitation consultant and counselor who evaluated and treated plaintiff. In Dr. Gorman's expert opinion, plaintiff will not be able to work for 40 hours per week, and instead, opines that plaintiff will only be able to work 25 hours per week. Presumably also based on Dr. Gorman's testimony, and the testimony of Mary Elvere, also a vocational rehabilitation specialist, the trial judge concluded that plaintiff would likely earn $10.30 per hour.
The trial judge then relied on the testimony of economist, Dr. Mel Wolfson, to calculate plaintiff's total loss of earnings. Based on plaintiff's actual earnings for his last year of full employment, a 4.5% inflation rate, a 6.75% discount rate for the post-1997 period, and the vocational rehabilitation experts' hours-per-week (25) and hourly rate calculations ($10.30), Dr. Wolfson calculated the present value of plaintiff's future lost wages at $237,120.00.
The record clearly supports the observations of the trial judge that plaintiff's future earnings will be affected by his physical and psychological condition. However, that award pre-supposes that plaintiff's inability to work is caused solely and entirely by this one accident. As set forth previously in detail, it is inconceivable that a plaintiff with the physical and psychological medical history of Mr. Grieff can attribute his entire inability to perform his pre-accident job detail to the fall at the sheriff's building. In the same manner in which we reduced plaintiff's compensation for emotional damages, we reduce plaintiff's compensation for lost earnings. Acknowledging that much of plaintiff's inability to return to his pre-accident employment as a narcotics officer stems from this accident, yet mindful of the 12- 13 events that also were factors, we reduce plaintiff's loss of earnings award by 50%, to the highest amount reasonable.
In doing so, we reduce the amount of $237,120.00 (actual lost wages) by 50%. We subtract from this $118,560.00 award, $27,995.00, the amount of the deduction decided by the trial judge for plaintiff's failure to mitigate his damages. We reduce this amount, $90,565.00, by 15% or $13,584.75, based on the trial judge's findings that "...Mr. Grieff's failure to timely seek psychiatric assistance has extended his inability to return to full employability further into the future." Finally, we add $45,892.00 for plaintiff's lost fringe benefits. In total, we award plaintiff $122,872.25 for loss of earnings.
The final item of damages is for past and future medical treatment and vocational rehabilitation. The trial judge awarded $66,543.60. From our appreciation of the record, that figure does not take into consideration the stipulation entered into that the total amount of medical bills incurred in connection with the September 22, 1993 fall, amounting to $23,343.60 has been paid. Subtracting that amount requires a reduction to $43,200.00 for plaintiff's loss in this category. We, however, find that the record does support the trial judge's $2,700.00 award for vocational rehabilitation.
Accordingly, we affirm in part, reverse in part and amend in part. We affirm that part of the judgment finding the Sheriff of Jefferson Parish liable for the plaintiff's injuries. We reverse that part of the judgment finding the Parish of Jefferson liable. On damages, we affirm the trial judge's $85,000.00 award for past and future physical pain and suffering. We amend the trial judge's $104,000.00 award for mental anxiety and emotional pain and suffering to $52,000.00, the highest reasonable amount. We further amend the trial judge
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