 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Castay v. Adm Growmark River Systems3/14/2001
was in the hospital, but surgery could not be performed until his burns healed. He testified that his vision was poor after the accident and that he had a pain in his jaw due to grinding because his pain was so severe. He had to remain indoors for several months after the accident, and then attempted to return to work, but his back pain made work unbearable, even affecting his ability to walk. He endured two back surgeries and was on constant pain medication. He was advised by physicians that if he attempted to resume employment similar to his employment at the time of the accident, that he would likely have to undergo several fusions, and there was a chance that he would then be unable to bend his back. Once he discovered that he would not be able to return to work as a pipe fitter or welder, his psychological state deteriorated. He testified that his temper flares easily, that he slips into depression readily and that he is disinterested in interaction with his wife. Though he has attempted to perform other types of employment, he has, so far, been unsuccessful due to constant and considerable pain.
The jury awarded Castay $750,000.00 in general damages. Although the award may be on the high side of that which we consider reasonable, we are unable to say it is abusively so, particularly considering the manner in which Castay was injured, the significance of his injuries, and their likely impact on his future work and personal life. Therefore, considering the foregoing testimony, the objective medical evidence, and the record as a whole, and mindful of the principles by which we must conduct our review, we cannot say that the trial court abused its discretion in its general damage award.
Defendants next generally argue that the trial court erred in awarding plaintiff $137,138.00 in past lost wages and $183,334.00 in future lost wages. We find no indication that these awards were made in error. To the contrary, we find that the record supports the trial court's past and future lost wages awards. Dr. Gorbitz testified that Castay cannot return to his pre-injury employment without risking very serious back injury . And it was a defense expert who testified to the figures at which the trial judge arrived. We, therefore, affirm the trial court's past and future lost wages' awards.
We now address defendants' assertion that the trial court's loss of consortium award of $75,000.00 to Mrs. Castay was abusively high. Loss of consortium awards generally include elements such as loss of services, love, companionship, affection, society, sexual relations, comfort and solace. Kistner v. King, 98-641 (La. App. 5 Cir. 12/16/98), 726 So.2d 68. Mrs. Castay testified at trial about how her husband's accident has affected their lives. According to Mrs. Castay, while her husband was hospitalized for ten days immediately after the accident, she remained with him in his hospital room 24-hours a day. She testified that since he has been at home, and for the last six years since the accident, their house is centered around his pain. When he does not feel well, no one in their house feels well. If her husband fails to take his pain medication, the pain keeps him awake at night, which wakes up everyone in the house. Mr. Castay's testimony supports that of his wife. He testified that, since the accident, he feels like "half of a man" and that his pain forced him to just sit around his house for several months, restricts his activities with his family and has altered his sexual relationship with his wife.
While plaintiff did not testify to great lengths about her loss of consortium, we find that the record, nonetheless, supports the trial judge's $75,000.00 loss of consortium award. Clearly, with an
Page 1 2 3 4 5 6 Louisiana Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|