Quinn v. Wal-Mart Stores12/6/2000
er, and had discussed separation. After the accident, however, Mr. Quinn testified that their marriage improved due to the increased time they spent together and his resignation from the Corps of Engineers. As such, although "every personal injury tends to decrease the parties' overall happiness," it is the plaintiff who carries the burden of proving a definite loss on each element of damage. Finley, supra. As such, upon the evidence presented, we find that the jury's $10,000 award for loss of consortium is excessive and $5,000 is the highest possible award in light of the testimony that Mrs. Quinn cannot fully perform household chores and the frequency of sexual relations has changed but not extinguished. See, Marie v. John Deere Ins. Co., 96-1288 (La. App. 1st Cir. 3/27/98), 691 So.2d 1327 (loss of frequency of sexual relations).
Likewise, the $30,000 awarded Mrs. Quinn's oldest daughter, 17 year-old Illicia, is excessive. Mrs. Quinn presented testimony that due to her injuries, Illicia assumed an increased role in performing basic household chores, helping comb her mother's hair, and assisting in the care of her younger siblings. She was not shown to be totally dependent upon mother economically, emotionally or for domestic services, however. In addition, at trial, Illicia testified that her mother was not completely handicapped, and that in February, 1999, after she had been involved in a serious automobile accident, her mother actually took care of her. Further, the record indicates that Illicia graduated from high school in 1998 (her mother was able to attend the ceremony), and presently is an independent college student. Until an injured party's condition deteriorates to such an extent that her family is actually deprived of her consortium, service, or society, the family member has suffered no injury . Faraldo v. Hanover Ins. Co., 600 So.2d 81 (La.App.4th Cir. 1992). As such, since any deprivation of services to Illicia was minimal and temporary, an award of $7,500.00 is the highest possible award under these circumstances.
As for the younger children, no other testimony was offered to substantiate the claims for loss of consortium other than a generalized claim that Mrs. Quinn's condition resulted in an inability to provide for their emotional and physical needs. No other evidence was presented suggesting that the children suffered as a result of their mother's injury . Although Mrs. Quinn presented testimony that she was unable to assist the children financially, the jury has already provided for lost past and future wages; as such, based on this scant evidence, an award of $750.00 to each child is the highest possible award.
Conclusion
For the reasons discussed above, the loss of consortium award to Mr. Judge Quinn is amended to $5,000.00; the loss of consortium award to Illicia Quinn amended to $7,500.00, the loss of consortium award to Anthony Quinn amended to $750.00; and the loss of consortium award to India Quinn amended to $750.00. The future medical expenses award is reduced to $18,000.00. In all other respects, the judgment of the district court is AFFIRMED. Costs of this appeal are assessed to Wal-Mart.
AMENDED, AND AS AMENDED, AFFIRMED.
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