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McPherson v. Lake Area Medical Center5/24/2000
thout merit.
Finally, Defendant questions the quantum of the jury's award. The Louisiana Supreme Court has set out the rules for review of general damage awards as follows:
The standard for appellate review of general damage awards is difficult to express and is necessarily non-specific, and the requirement of an articulated basis for disturbing such awards gives little guidance as to what articulation suffices to justify modification of a generous or stingy award. Nevertheless, the theme that emerges from Gaspard v. LeMaire, 245 La. 239, 158 So.2d 149 (1963) through Coco v. Winston Industries, Inc., 341 So.2d 332 (La.1976), and through Reck [v. Stevens, 373 So.2d 498 (La.1979)] to the present case 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 v. Maritime Overseas Corp., 623 So.2d 1257, 1261 (La.1993); cert. denied, 510 U.S. 1114, 114 S.Ct. 1059 (1994). Thus, we are called upon to decide if the award in this case "is, in either direction, beyond that which a reasonable trier of fact could assess for the effects of th particular injury to th particular plaintiff under the particular circumstances." Id.
Mr. McPherson, who is left handed and who, before the incident was left eye dominant, lost total vision in his left eye. Dr. O. David Solomon testified that when a person of Mr. McPherson's age loses the sight of one eye "the handicap could be significant." He further stated that some people are totally incapable of driving and that such people are disqualified from many occupations. Based upon an article from the PDR for Ophthalmology, "Evaluation of Permanent Visual Impairment," Dr. Solomon assigned Mr. McPherson a 25% loss of visual function and a 24% impairment of the whole person. Mr. McPherson was fired from his previous employment because his employer felt he was no longer able to do his job . He has not worked since his operation. Mr. McPherson, his wife and his son-in-law, all testified as to the difficulties Mr. McPherson has had in adjusting to monocular vision. He has trouble driving and can no longer hunt or engage in any activity that involves precision. He cannot even catch a baseball.
Mr. McPherson stated that his eye looked "terrible" for several months after the surgery and that he was afraid that the eye would not return to its normal size. He also testified that he was in severe pain during that period of time and that even now, four years later, he still experiences moderate pain if he forgets his medication. His wife corroborated his testimony.
Appellant complains the $300,000.00 in general damages awarded by the jury is excessive. We disagree. In Faulkner v. State, Depart. of Transp.& Development, 25,857, 25,858, pp. 14, 15 (La.App. 2 Cir. 10/26/94); 645 So.2d 268, 278, writs denied, 94-2901 & 94-2908 (La. 1/27/95); 649 So.2d 390 (emphasis added), the court affirmed the award finding it neither too high nor too low, noting that:
he trial court awarded Timothy Faulkner $75,000.00 general damages for pain and suffering and permanent injuries (occasional blurred vision). Faulkner's injuries were primarily to the left side of the face involving the left eye and a cut on the ear. The injury to Faulkner's eye was characterized by his treat
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