 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Branch v. Wal-Mart Stores12/26/2001
ximum medical benefit with conservative therapy and recommended that she see an orthopedist. Dr. Altman also ordered an MRI, which was performed on July 17, 1995.
Dr. Altman referred Branch to a neurosurgeon, Dr. Toussaint LeClercq, who reviewed the MRI. On September 25, 1995, Dr. LeClercq found that the MRI revealed a herniated cervical disc at C5-C6 and recommended a cervical fusion. Branch eventually agreed to the surgery, which was performed on June 18, 1996.
Branch stated that even though she was "terrified," she agreed to the surgery because she was in a tremendous amount of pain. For two months after the surgery, Branch's movements were severely restricted. She could not drive or bend over or bathe herself. She still has physical restrictions as a result of the surgery, including lifting restrictions. Although she does not experience pain in her neck or shoulders, she does not feel that she has been restored to her pre- accident condition. She explained that she felt that she had to be very careful in her activities because she was afraid of damaging her neck again.
Dr. LeClercq testified at trial that the pain and numbness in Branch's neck and arms was caused by the ice chest striking her on the head. Further, there was no question that this was a new injury and not an injury that had occurred over time. Dr. LeClercq also explained that the fusion restricted the movement in her neck, and she now has an increased risk of a ruptured disk above or below the area of fusion.
In the assessment of damages in cases of offenses and quasi offenses, much discretion must be left to the judge or jury. La. C.C. art. 2324.1. Absent a determination that the trial court's very great discretion in the award of general damages has been abused in the matter under review, the reviewing court should not disturb the trier's award. Mannina v. Wal-Mart Stores, Inc., 99-1102 (La. App. 5 Cir. 2/29/00, 757 So.2d 98, 106. The discretion vested in the trier of fact is "great," and even vast, so that an appellate court should rarely disturb an award of general damages. Youn v. Maritime Overseas Corp., 623 So.2d 1257, 1261 (La.1993); Mannina, supra. We cannot say that the jury abused its great discretion in the instant matter in awarding Branch $90,000 in general damages and $25,353.58 for medical expenses as well as $2,000 to her husband for loss of consortium.
For the above reasons, we affirm the trial court's judgment in all respects. Wal-Mart is to bear all costs of appeal, including those incurred by Branch.
AFFIRMED.
Page 1 2 3 4 5 Louisiana Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|