 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Duncan v. Kansas City Southern Railway Co.10/30/2000
complicated by Rachel's injuries because the family lives with the accident daily. While it is impossible to place a monetary value on the life of a child, when the particular facts of this case are considered, we cannot say the jury abused its discretion in awarding Bobby and Nelda Duncan each $350,000 for mental anguish and $125,000 for loss of consortium as a result of Amanda's death. Having reached this conclusion, we make no resort to prior awards.
Myranda Duncan
KCS further contends that the $250,000 for mental anguish and $100,000 for negligent infliction of emotional distress awarded to Myranda Duncan are excessive. According to KCS, the highest reasonable award for mental anguish resulting from a car accident is $25,000 and $15,000 for negligent infliction of emotional distress. Myranda's physical injuries resulting from the accident were minor in comparison to her sisters; nonetheless, she suffered serious psychological injuries. Dr. Monlezun testified that she suffered from post-traumatic stress disorder and that she suffered from survivor's guilt. He analogized Myranda's survivors guilt to that suffered by combat veterans stating that:
We see this in combat veterans. I saw it when I treated combat veterans when I was in the service: a tremendous amount of guilt associated with being the one who survives. "One deceased, one severely injured, and I walk away. What makes me so special?" And so what happens there is that guilt gets converted into: "I can't do enough." So we have a child who's prematurely gray. She's locked into this role, and I think that it would be helpful for Myranda, at key times in her life--She's going to be 11 next--in a couple of weeks, later this month. She's going to be 11 years old. She's becoming a young woman. As she enters menses and starts to be a woman, as she starts to date, especially when she gets old enough to think about marriage or college or leaving home, the leaving-home thing, whenever that is, that's going to be very hard for her to handle psychologically, because she's locked in. Her guilt locks her in.
Dr. Monlezun recommended that Myranda receive period counseling at these critical stages in her development. Further, both Dr. Monlezun and Mrs. Duncan remarked on Myranda's fear in riding in the family van after the accident. Given the circumstances described above, we find no abuse of discretion in the jury's award.
Future Medical Expenses
Lastly, KCS contends that the $17 million award for Rachel's future medical care is clearly excessive. According to KCS, if this award is invested conservatively so as to obtain only a five percent return, it would still produce an annual interest income of $850,000. Future medical expenses must be established with some degree of certainty. Awards will not be made in the absence of medical testimony that they are indicated and setting out their probable cost. Bly v. Prudential Prop. & Cas. Ins., 589 So. 2d 495 (La. App. 5 Cir. 1991) quoting Guillory v. Avondale Shipyard, Inc., 448 So. 2d 1281 (La. 1984).
In the matter at hand, the jury was presented with medical testimony by plaintiffs', as well as, defendant's experts. Robert Voogt, Ph.D., plaintiffs' expert in the care of individuals with catastrophic injuries, testified regarding the life care plan prepared by Robert Voogt & Associates ("Voogt Plan"). The Voogt Plan provides for medical evaluations and treatment by specialist in the following fields: psychiatry, neurology, neurosurgery, pulmonology, pediatrics (until age 18), internal medicine, orthopedic surgery, and urology. The plan also recommends therapeutic evaluations by an occupational therapist, a physical therapist, an
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Louisiana Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|