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Davis v. Witt11/13/2002
y similar injuries are out of proportion to the instant award. Boswell v. Roy O. Martin Lumber Co., 363 So.2d 506 (La.1978).
Kathleen and Clement Jr. were twenty years old and eighteen years old at the time of their parents death. Kathleen, the decedents' ninth child and Clement, the decedents' tenth child along with Kathleen's son lived with their parents prior to their parents' deaths. All of the children, although majors, testified regarding the close relationship they had with their parents. All of the children testified that they would get together at their parents house on Sundays and many holidays. In fact, all of the children were visiting with their parents on the date of their death because it was Mother's Day. They also testified that Mary and Clement were more than just parents. They were their friends. Further testimony from the children revealed that their parents were very close to each other, doing almost everything together. Evidence in the record reveals that both Mary and Clement were healthy and very active and willing to help out their children, friends and neighbors. Clement fished and enjoyed hunting. Clement also liked to play pool and cards with his family. Both Mary and Clement helped take care of their grandchildren, seeing them off to school and being home when school was over. Mary liked to go shopping, to cook and go to the mall. Patricia Ann Caillouet testified that going shopping was something special she and her mother enjoyed doing together. All of the children testified that their parents were always there for them and that it is very hard being without them. Patricia testified that when something important happens her parents are no longer alive to give advice. The children testified that they always think about their parents. What is significant in this case is that the children lost both parents at one time in a tragic accident on a day set aside to honor their mother. Another indication of the closeness of this family is the fact that eight of the children still lived in Breaux Bridge after leaving their parents' house, two of the children actually lived with their parents, and the other two lived only a short driving distance away from their parents, one in New Iberia, Louisiana and the other in Lake Charles, Louisiana.
Under the above noted facts, we find that the trial court award of $200,000 each, $100,000 for the loss of their mother and another $100,000 for the loss of their father is abusively low. Louisiana courts have often upheld large wrongful death awards as reasonable in cases where the decedent and the surviving spouse and minor children had extraordinarily close and loving relationships. Ingram v. Caterpillar Mach. Corp., 535 So.2d 723 (La.1988) (lump sum award of $500,000 to the surviving spouse and two children); Hellmers v. Department of Transp. & Dev., 503 So.2d 174 (La.App. 4 Cir. 1987), writ denied, 505 So.2d 1141 (La.1987) ($325,000 to surviving spouse and $225,000 to each of decedent's three children); Comberrel v. Basford, 550 So.2d 1356 (La.App. 5th Cir. 1989), writ denied, 556 So.2d 1284-86 (La.1990) ($330,000 to surviving spouse and $200,000 and $150,000, respectively to decedent's two children); McGrail v. Lee, 35,756 (La.App. 2 Cir. 4/3/02); 814 So.2d 729 ($750,000 each to decedent's three children).
In their brief, the Davis Children direct this court to the cases of Bozeman v. Reed, 92-858 (La.App. 1 Cir. 3/11/94); 633 So.2d 944, writ denied, 94-840 (La. 6/24/ 94); 640 So.2d 1345 and Mathieu v. State Through Dep't. of Transp. & Dev., 598 So.2d 676 (La.App. 3 Cir.), writ denied, 600 So.2d 665 (La.1992) as guidance to the amount of damages they should be awarded for the wrongful death of both of their parents. I
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