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Lavergne v. America's Pizza Company2/5/2003
ly, we consider the amount of damages awarded. In reviewing an award of general damages, the initial inquiry is "whether the [trier of fact] abused its discretion in assessing the amount of damages." Cone v. National Emergency Serv., Inc., 99-934 (La. 10/29/99), 747 So.2d 1085, 1089. " he role of an appellate court in reviewing general damages is not to decide what it considers to be an appropriate award, but rather to review the exercise of the discretion by the trier of fact. . . . he adequacy or inadequacy of the award should be determined by the facts or circumstances particular to the case under consideration." Youn v. Maritime Overseas Corp., 623 So.2d 1257, 1260 (La.1993), cert. denied, 510 U.S. 1114, 114 S.Ct. 1059 (1994). In this case, Sean suffered severe second-degree burns. Immediately after the sauce spilled, Mr. Lavergne took Sean to the restroom to inspect his leg and clean off the sauce. When he removed the wet paper towel used to clean the wound, the child's skin came off, attached to the paper towel. Sean's bandages had to be changed two to three times a day for over a month. For the first two weeks of this process, old skin had to be removed to prevent scarring. Each time Sean's bandages were changed, the experience was a painful one. In light of these facts and the above standards, we find that the trial court's award of general damages in the amount of $15,000 was not excessive or an abuse of its vast discretion.
For the above reasons, the judgment of the trial court is affirmed. Costs of this appeal are assessed against America's Pizza.
AFFIRMED.
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