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McBride v. State Farm Mutual Automobile Insurance Company3/26/2002
e collision.
Turning now to damages, we note that our Court may set damages in a suit where demands based on liability were rejected below and we have reversed that finding. Further, in fixing damages, we are not limited to either the highest or lowest amount of the reasonable range of awards that would have been affirmed, but are bound to award an amount that is fair and just for the damages supported by the record. The primary considerations in the assessment of damages in a personal injury action are the severity and duration of the injury. Duckett v. K-Mart Corp., 92-385 (La. App. 5 Cir. 2/15/95), 650 So.2d 414, 416 (citations omitted); Klaveness, 99-867 at 6-7, 756 So.2d at 543-4.
Jason McBride suffered a temporary loss of consciousness with no permanent damages, an injured back, a lacerated spleen and a broken finger. In addition, he has permanent scars on his lips and some disfigurement to one of his hands. In light of these injuries, we award Jason $75,000.00.
Paul McBride's most serious injury was the fractured pelvis resulting in permanently displaced hips. In addition to the obvious physical damages, we were impressed by Paul's testimony that he has been the subject of taunting by schoolmates as the result of his "twisted" walk. We award Paul the sum of $175,000.00 for his damages.
Janice and Felton McBride, Jason and Paul's parents, are each awarded $5,000.00 for their loss of consortium claims.
Eric Mazique had several minor injuries, a "messed up lower back" and a fractured pelvis. We award Eric $70,000.00. We also award Charlette Davis, Eric's mother, $5,000.00 for her loss of consortium claim.
Ponce Taylor suffered a ruptured spleen, which required immediate surgery, cuts on his arm that required sutures, and suffered an infection secondary to his treatment. In addition, he has permanent scars on his stomach and one of his arms. We award Ponce $90,000.00.
Presley and Ruth Taylor, Ponce's parents, are each awarded $5,000.00 for their loss of consortium claims.
Justin Grimsley suffered broken ribs, a crushed pelvis and pulled ligaments in his back. In addition, he had been treated for several months for problems resulting from the injuries. We award Justin $80,000.00 for his injuries.
Therefore, for the above reasons, we reverse the trial judge's finding of fault, find the DOTD 25% at fault and Lashonda Williams 75% at fault, and award damages as above, including interest from date of judicial demand, with DOTD to bear half of all Plaintiffs' court costs and costs of appeal. All damages awarded above are subject to a reduction representing the percentages of fault attributed to the DOTD and Williams.
REVERSED; DAMAGES AWARDED
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