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Safeco Insurance Co. of America v. Chrysler Corp.7/31/2002
s particular problems to either the fire or adolescence. He felt that the fire did adversely affect Jessica, but he could not state to what extent.
In describing the fire, Linda testified that she and her three daughters were home that evening while her husband was at work. She stated that Lady did not survive the fire and that Jessica had tried to re-enter the house to rescue her, but that she had to physically restrain her from doing so. Michael, a registered nurse, testified as to the events that occurred the night of the fire and the rebuilding and claims process he and his family underwent. He agreed with the testimony provided by his wife.
Apparently the jury felt that Jessica's problems were not attributable to the fire and that the alleged injuries suffered by the rest of the Mioton family were not of such a substantial nature that therapy was required. Again, we cannot say that this finding was wholly unreasonable. It was undisputed that there were no physical injuries and sufficient evidence was presented for the jury to conclude that the claimed medical expenses were either unnecessary or unattributable to the fire. Therefore, we find the trial court's award to be manifestly erroneous and reinstate the jury's award.
General Damages
DaimlerChrysler argues that the trial court did not have jurisdiction when it later amended its March 30, 2001 JNOV to award general damages totaling $30,000 as appeals had already been perfected to this court. The Miotons argue that the trial court was within its authority to correct its earlier ruling and that it was simply correcting its oversight. We disagree and find that the trial court's subsequent judgment awarding general damages totaling $30,000 was without effect as the trial court had lost jurisdiction at that time because appeals had been perfected.
La.Code Civ.P. art. 2088 states:
The jurisdiction of the trial court over all matters in the case reviewable under the appeal is divested, and that of the appellate court attaches, on the granting of the order of appeal and the timely filing of the appeal bond, in the case of a suspensive appeal or on the granting of the order of appeal, in the case of a devolutive appeal. Thereafter, the trial court has jurisdiction in the case only over those matters not reviewable under the appeal[.]
The issue of whether or not general damages should be awarded is a matter reviewable on appeal. Following the March 30, 2001 JNOV, the trial court filed into the record of these proceedings on April 6, 2001, an "Amended Reasons for Judgment" wherein it awarded $30,000 in general damages to the Miotons. Appeals were perfected by DaimlerChrysler on May 15, 2001, and by Southern Chrysler on June 15, 2001, before the trial court's June 18, 2001 judgment awarding the general damages. While we note the trial court court ordered the June 18, 2001 hearing on May 17, 2001, by granting the appeals prior to that hearing, it divested itself of jurisdiction to render the judgment. La.Code Civ.P. art. 2088. Thus, the trial court had no authority to modify the March 30, 2001 JNOV in order to award additional damages because the judgment was appealed before the June 18, 2001 judgment was rendered. Therefore, the June 18, 2001 judgment is void for lack of jurisdiction. Accordingly, the March 30, 2001 judgment is the final judgment from which appeals could be taken. Because that judgment did not address general damages, the jury's award of $0 for general damages was in effect. Further, this issue is not before us because the Miotons did not appeal this judgment.
Finally, the trial court's ex proprio motu motion of May 17, 2001, was without effect. Whil
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