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Wheelis v. CGU Insurance12/7/2001
ard of general damages since the discretion vested in the trier of fact is "great". The standard of review is nonspecific, and only when the award, in either direction, is beyond that which a reasonable trier of fact could assess for this particular injury to this particular plaintiff under these particular circumstances should an appellate court increase or reduce the award. Youn v. Maritime Overseas Corp., 623 So.2d 1257 (La. 1993), cert. denied, 510 U.S. 1114, 114 S.Ct. 1059, 127 L.Ed.2d 379 (1994); Richard v. Wal-Mart Stores, Inc., 29,926 (La. App. 2d Cir 10/31/97), 702 So.2d 79.
The defendants contend the damage award is excessive. They argue that the general damages awarded for a fractured wrist should have been $7000.00. We have previously concluded that the record supports the trial court's finding that the carpal tunnel syndrome resulted from the accident. Accordingly, the argument by the appellants to reduce the general damages award because the accident did not cause the carpal tunnel syndrome is without merit. Furthermore, Linda Wheelis underwent surgery because of the injury . She experienced pain and suffering from this injury from July 30, 1998 until approximately September 24, 1999. We find no abuse of the trial court's discretion in its award of damages. Therefore, the amount awarded Linda Wheelis will not be reduced.
CONCLUSION
The judgment of the trial court finding that Kent was 100% at fault is amended to assess 75% of the fault to the defendant, James Kent, and 25% of the fault to the plaintiff, William Wheelis. In all other respects, the judgment is affirmed. Costs of this appeal are assessed 75% to defendants and 25% to plaintiffs.
AMENDED AND AFFIRMED AS AMENDED.
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