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Duncan v. Kansas City Southern Railway Co.10/30/2000
) or incomplete (only some of the signals are obstructed). Paraplegia denotes a loss of feeling and movement in the lower parts of the body, while tetraplegia, formerly called quadriplegia, denotes a loss of feeling and movement in both the upper and lower parts of the body. Overall, 85% of persons with spinal cord injuries who survive the first 24-hours are still alive ten years later. In the past several decades, long-term survival rates for persons with spinal cord injury have improved dramatically, but they are still below normal, that is, the life expectancy of a person from the general U.S. population of the same age, gender, and race who does not have a spinal cord injury. The National Spinal Cord Injury Statistical Center ("NSCISC") at the University of Alabama at Birmingham supervises and directs the collection, management and analysis of the world's largest spinal cord injury database. The NSCISC has compiled statistics on the life expectancy for persons with spinal cord injuries, and these statistics have been utilized in the creation of life expectancy tables for persons with spinal cord injuries. The following table estimates life expectancy for persons with spinal cord injuries who survive at least one year post-injury by current age and neurologic category.
LIFE EXPECTANCY (YEARS)
Current Age
5
10
15
20
25
30
Normal Life Expectancy*
70.8
65.9
61.0
56.3
51.6
46.9
C1-C4 (Frankel Grade A,B,C)
45.0
40.5
36.1
32.8
29.9
26.8
C5-C8 (Frankel Grade A,B,C)
52.0
47.3
42.6
38.6
34.7
30.7
T1-S5 (Frankel Grade A,B,C)
59.5
53.7
49.0
44.8
40.8
36.7
Frankel Grade D
63.0
58.2
53.4
49.0
44.7
40.5
Rachel Duncan has been diagnosed as a C5 tetraplegic and her age at the time of trial was 14.6 years. Looking at the table, a 15-year old in the C5 neurologic category has a life expectancy of 42.6 years. The record does include accurate evidence with reference to Rachel's life expectancy. Dr. Zidek's predicted 57-year life expectancy for Rachel is more realistic than the 81-year life expectancy predicted by Dr. Voogt. Furthermore, the 57-year life expectancy is also the more scientifically accurate prediction. Considering that the preponderance of the evidence indicates that Rachel's life expectancy is more accurately predicted at 57 years, we are of the opinion that the award of $17 million for future medical expenses was manifestly erroneous. While there is expert testimony supporting this award, the lower courts were clearly wrong in accepting testimony based on the inaccurate life expectancy of 81-years.
Having determined the 57-year life expectancy to be more realistic, we turn to the expert testimony on future medical expenses. The jury heard testimony from two experts who prepared life care plans for Rachel. As previously mentioned, the plans recommend the same care for Rachel, with the only exception being the type of attendant care recommended. Where the testimony of expert witnesses differ, it is the responsibility of the trier of fact to determine which evidence is the most credible. Sistler v. Liberty Mut. Ins. Co., 558 So. 2d 1106, 1114 (La. 1990). Thus, it seems t
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