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Hicks v. State12/7/2001
7,814.91
Hicks children:
Wrongful death $250,000 per child
Total $1,250,000.00
Our review of the record in its entirety shows a loving, attentive and very close family. All five adult children of the decedent maintained regular contact with their parents, with two of the children having daily contact.
General damages are not susceptible to exact measurement, and much discretion is left to the trial court to assess reasonable damages. LSA-C.C. art. 1999. Before the court of appeal can disturb an award of general damages, the record must clearly reveal an abuse of that discretion. American Motorist Ins. Co. v. American Rent-All, 579 So.2d 429 (La. 1991); Reck v. Stevens, 373 So.2d 498 (La. 1979); Coco v. Winston Indus. Inc., 341 So.2d 332 (La. 1976). The award may be amended only after such a determination is made, and then only to the extent of lowering or raising the award to the lowest or highest amount reasonably within the trial court's discretion. Coco v. Winston Indus., supra. Our finding of an abuse of discretion allows us to then consider whether prior awards for truly similar injuries are out of proportion to the instant award. Boswell v. Roy O. Martin Lumber Co., 363 So.2d 506 (La. 1978).
Danny Lee Hicks was the third child of Mr. and Mrs. Hicks, born December 3, 1945 and a resident of LaPlace, Louisiana. He described his father as a loving husband, a caring father and teacher to his children, and as a careful driver. Danny Hicks indicated that his parents visited him in LaPlace on occasions and he visited them also. He indicated that his father's death caused him tremendous stress. He testified that his parents were very close and did many things together. According to Danny Hicks, before the accident, his father was a healthy, active, industrious and resourceful man, who would hunt, fish, garden, and raise beef for consumption. He testified when he visited his father during his father's stay at Ochsner, his father was in constant pain, complaining of pain in his neck and shoulders.
David Allen Hicks, the fourth child of the family, was a resident of West Monroe, Louisiana. He testified that he lived about seven miles from his parent's home. David Hicks is employed by the United States Postal Service and his route took him close to his parent's house. He testified that he usually ate lunch at his parent's home every day. He described his parents as close and loving, and his father as an industrious, hard-working man. He described his father's health before the accident as excellent. He indicated that his father suffered from a "halo" device used to stabilize his neck after the accident, and suffered further after the halo was removed. He indicated that his father had to have a tracheotomy and was unable to talk, and that he was later required to have a feeding tube inserted. David further testified that his father had difficulty breathing. He testified that family members were trained in using a suction device to clear his father's airway. He also testified that his father suffered a great deal from the effects of this aspiration process.
Mary Elizabeth Hicks Dortch is the oldest child of the Hicks family, born December 9, 1942. Mrs. Dortch's testimony showed she lived close by (within 5 to 10 minutes travel) and either visited or talked with her parents on a daily basis. She described her father as a careful and slow driver. She described her parents as inseparable. She described her father as industrious and as a good provider. She indicated that she visited him at St. Francis Hospital and at Oschner's in New Orleans, prior to his death. She was en route to New Orleans when her father passed away. Mrs
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