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Hammock v. Louisiana State University Medical Center11/1/2000
ll have problems without the future surgery and that the surgery could increase her mobility, the trial court did not abuse its discretion in awarding future medicals. Since Dr. McKay stated that the surgery would cost between $8,000 and $9,000, it is not an abuse of discretion for the trial court to award $8,500. This assignment lacks merit.
Expert Fees
LSUMC challenged the trial court's award of expert fees as excessive and unsupported by any documentation.
Witnesses called to testify as expert witnesses shall be compensated for their services, with the amount to be determined by the court and taxed as costs to be paid by the party cast in judgment. La. R.S. 13:3666; Orea v. Scallan, supra. An expert witness is entitled to reasonable compensation for his court appearance and for his preparatory work. Id. The trial judge is not required to set an expert fee at the amount charged by the expert witness. Id.; Stonecipher v. Mitchell, 26,575 (La. App. 2d Cir. 5/10/95), 655 So. 2d 1381. The trial judge has great discretion in awarding and fixing costs and expert fees. A trial court's assessment of costs can be reversed by an appellate court only upon a showing of abuse of discretion. Id.; Smith v. Scott, 26,849 (La. App. 2 Cir. 5/10/95), 655 So. 2d 582, writ denied, 95-1450 (La. 9/22/95), 660 So. 2d 475.
Factors to be considered by the trial judge in setting an expert witness fee include time spent testifying, time spent in preparatory work for trial, time spent away from regular duties while waiting to testify, the extent and nature of the work performed, and the knowledge, attainments and skill of the expert. Id. Additional considerations include helpfulness of the expert's report and testimony to the trial court, the amount in controversy, the complexity of the problem addressed by the expert and awards to experts in similar cases. Id.
The trial court awarded Dr. Burt, expert medical doctor with a specialty in orthopedic surgery, $700. Dr. Burt testified as to the procedures he conducted on Alexis and as to her degree of impairment. Additionally, Dr. Luvonia Casperson and Lenora Maatouk were also awarded $700. These experts reviewed all the relevant records and evaluated Alexis' functional levels. The trial court awarded Dr. McKay, expert medical doctor with a specialty in pediatric orthopedic surgery, $1,500. Dr. McKay evaluated Alexis on two separate occasions and testified not only to her level of functioning but to her future medical options. Additionally, the trial court noted that Dr. McKay was coming from out of town and should be compensated adequately for his travel and for the time he spent away from his practice. Based on the preparation time, the testimony elicited, and the degree the trial court relied on the testimony of these individuals, the amount awarded was not an abuse of the trial court's discretion. This assignment lacks merit.
Conclusion
The trial court's award of $160,000 in general damages, $150,000 in loss of earning capacity, $8,500 in future medicals, and expert fees are affirmed for the above reasons.
AFFIRMED.
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