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Dartlone v. Louisiana Power & Light Company6/21/2000
parent is abusively high, even for the loss of such an outstanding son, and that the highest affirmable amount in this case is $150,000 per parent.
An award of monetary damages may not be disturbed absent an abuse of discretion. Smith v. Midland Risk Insurance Company, 29,793 (La. App. 2d Cir. 9/24/97), 699 So. 2d 1192. The appellate court's function is not to determine whether a different damage award may have been appropriate, but whether the trial court's award is reasonably supported by the record and justifiable inferences from the record. Summarell v. Ross, 27,160 (La. App. 2d Cir. 8/23/95), 660 So. 2d 112. Only after an abuse of discretion is shown may a reviewing court resort to prior awards in similar cases. Reichert v. State, through the Department of Transportation, 96-1419 (La. 5/20/97), 694 So. 2d 193.
On this record, we do not find an abuse of discretion in the trial court's award of $350,000 per parent in wrongful death damages. Jed Dartlone was, by all accounts, an exemplary young man, student, son and member of the community. Jed's grandfather testified that Jed and his father did everything together; Jed was the only son and the two hunted, fished, worked on Jed's truck and enjoyed a very close relationship. Since Jed's death, Mr. Dartlone has sought therapy and been prescribed medication for depression. Mr. Dartlone testified that Jed's death has impacted every aspect of his life, including his ability to perform his job as a child protection supervisor in Richland and West Carroll Parishes. He visits Jed's gravesite twice per week. Likewise, Mrs. Dartlone prayed for a son when Jed was conceived and thought of Jed as a gift from God. Jed was a "mama's boy" and was extremely close to his mother. Jed's death devastated Mrs. Dartlone. She lost a significant amount of weight and was prescribed several medications for depression and to help her sleep. Her mental state following Jed's death precipitated her resigning from her job.
A trial judge has much discretion in awarding damages for loss of love, affection and support. The loss of a child cannot be expressed easily in mathematical terms. A review of the jurisprudence reveals similar awards in situations where the evidence concerning the loving relationship between a teen-aged child and each of his or her parents is overwhelming. While we acknowledge that the award in this particular case represents the high end of wrongful death awards in such cases, we cannot say that the trial court abused its wide discretion in concluding that the sum of $350,000 per parent was appropriate in this case.
CONCLUSION
For the foregoing reasons, the judgment of the trial court is amended to reflect an allocation of fault of 50 percent to the City of Monroe and 50 percent to LP&L; The wrongful death damage award of $350,000 per parent is affirmed; but the total amount of damages payable by the City to Plaintiffs, $709,958.55, representing wrongful death damages and special damages, shall be reduced by 50 percent, representing the portion allocated to LP&L; Costs are assessed to the City of Monroe.
AMENDED AND, AS AMENDED, AFFIRMED.
Page 1 2 3 4 5 6 7 8 9 Louisiana Personal Injury Attorneys
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