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Ruttley v. Lee5/17/2000
for disturbing such awards give little guidance as to what articulation suffices to justify modification of a generous or stingy award."
Nevertheless, the theme that emerges from the jurisprudence is that the discretion vested in the trier of fact is great, and even vast, so that an appellate court should rarely disturb an award of general damages. Reasonable persons frequently disagree about the measure of general damages in a particular case. It is only when the award is, in either direction, beyond that which a reasonable trier of fact could assess for the effects of the particular injury to the particular plaintiff under the particular circumstances that the appellate court should increase or reduce the award. Youn, 623 So.2d at 1261.
We note that in Bryant v. Solomon, 97-2008 (La. App. 4 Cir. 3/25/98), 712 So.2d 145, 147-149, the Fourth Circuit affirmed an award of $300,000 to one parent for the wrongful death of an adult daughter. In Brown v. Louisiana Indemnity Co., 693 So.2d 270, 276-278 (La. App. 3 Cir. 1997), affirmed in part and reversed in part, 97-1344 (La. 3/4/98), 707 So.2d 1240, decedent was killed in a car accident and the appellate court affirmed the trial court award of $275,000 in wrongful death damages. In Owens v. Concordia Electric Cooperative, 95-1255 (La. App. 3 Cir. 6/25/97), 699 So.2d 434, 447, writ denied, 97-2736 (La. 1/9/98), 705 So.2d 1120, the appellate court reversed the jury's award of $1 million in wrongful death damages to each parent for being excessive and awarded $350,000 to each parent. Given the close and loving relationship that Stacey had with her mother, we cannot say that the trial court abused its discretion in awarding Mrs. Ruttley $300,000 in wrongful death benefits.
Accordingly, we affirm the trial court judgment finding the Parish of Jefferson 80% at fault and Stacey 20% at fault for this accident. Further, we affirm Mrs. Ruttley's bystander damage award, wrongful death award, and the survival award for Stacey's pain and suffering. We reverse Ernest Ruttley's property damage award and Ms. Bolotte's bystander damage award. Accordingly, we affirm in part, reverse in part, amend and render for the reasons assigned.
JUDGMENT REVERSED IN PART, AFFIRMED IN PART, AMENDED AND RENDERED.
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