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Hicks v. State12/7/2001
. Dortch also testified that her father was in pain in the hospital and he had difficulty breathing, necessitating the use of the suction device. She indicated that her mother was devastated by the death of Mr. Hicks.
While we are not unsympathetic to the loss sustained by the Hicks children, we find the trial court award of $250,000 to each of them to be clearly excessive and an abuse of discretion. The facts of the instant case are comparable to those in Gordon v. Willis Knighton Medical Center, 27,044 (La. App. 2d Cir. 6/21/95), 661 So.2d 991, in which this court, after reversing an adverse finding on the issue of liability, awarded damages of $125,000 to one adult child and $100,000 to two others. We reduce the damage awards to the Hicks children for the loss of their father to $125,000 each as the highest sum reasonably within the trial court's discretion, and which we can affirm. General damages for Mr. Hicks
In Morehead v. Ford Motor Co., 29,399 (La. App. 2d Cir. 5/21/97), 694 So.2d 650, writ denied, 97-1865 (La. 11/7/97), 703 So.2d 1265, this court affirmed general damages of $2.732 million dollars to a slightly younger plaintiff with very similar disabling injuries. Mr. Hicks suffered spinal cord damage, rendering him quadriplegic, and requiring his hospitalization and complete care from the moment of the accident until his death. The injuries necessitated medical treatment to stabilize his neck, and subsequent treatment to improve his breathing, which eventually was inadequate to prevent his death from pulmonary problems. Mr. Hicks went from a healthy, industrious, resourceful older man, supporting his wife and enjoying his family, to a person unable to move on his own, breathe without medical intervention, eat without a feeding tube, control his bladder or bowels, or provide for even his own basic needs.
In its brief, the DOTD contends that the total general damage award is excessive and should be reduced to no more than $250,000, including any amount for pre-impact fear. However, DOTD does not specify its reasons for asserting that the court's particular award for pre-impact fear was not supported by the record. We note that the circumstances of the accident support a finding that the Hicks should have experienced significant fear of an impact during the time period between the point when the vehicle left the roadway and when it collided with the tree. There was testimony that Mr. Hicks remained conscious while at the accident scene and the trial court evidently believed that both Mr. and Mrs. Hicks understood the danger of the situation they were facing.
After reviewing the record, we cannot say the trial court abused its discretion in awarding each spouse $35,000 for pre-impact fear. Considering the facts of the case and the injuries to this plaintiff, we conclude that the general damage award of $1,035,000 is well within the trial court's discretion and is not excessive or an abuse of discretion. Reid v. State Through Department of Transportation and Development, 25,778 (La. App. 2d Cir. 5/4/94), 637 So.2d 618. The award of medical and other expenses was, of course, subject to the stipulation of the parties and is not at issue here. The general damage award to Mr. Hicks is hereby affirmed.
Wrongful Death Award to Mrs. Hicks
We also conclude that the $500,000 award to Mrs. Hicks for the death of her husband is not excessive. The evidence presented, of a long, close and loving relationship between Mr. and Mrs. Hicks, supports the trial court's exercise of its great discretion in awarding this sum and it is affirmed. See Reid v. State Through Department of Transportation and Development, supra; Baughman v. State, Dept. of Transp.
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