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Holloway v. Midland Risk Insurance Co.10/30/2002
CARAWAY, J., dissents with written reasons.
The defendants, Holmatro Inc. ("Holmatro") and Vanguard Insurance Company, appeal a judgment in favor of the plaintiffs, Donnie Holloway and Nancy Holloway. The jury found that Holmatro's product was defective and assessed defendants with 100% fault in causing the injuries to Donnie Holloway. The jury awarded plaintiffs total damages in the amount of $386,500. For the following reasons, we amend and affirm as amended.
FACTS
On September 18, 1997, Donnie Holloway, a firefighter with the Ouachita Parish Fire Department ("OPFD"), responded to the scene of a one-vehicle accident in Sterlington, Louisiana. A pickup truck had left the road and crashed into a tree, trapping the driver in the wreckage. The emergency workers were unable to manually remove the driver, Tywonia Wilson, from the damaged vehicle. When the Rescue One fire truck arrived at the scene, Holloway assisted another fireman, Marshall Daniels, with moving the hydraulic rescue equipment into place on the passenger side of the vehicle. A high-pressure hydraulic hose connected the pump to the rescue tool.
Holloway then stood behind Daniels as he operated the hydraulic ram, a tool used to push the dashboard forward and out of the way in an attempt to extricate the driver. When Daniels stopped the ram to check whether more space was needed, Holloway placed his right hand on the high-pressure hydraulic hose, which suddenly ruptured and blasted hydraulic fluid through his glove into the palm of his right hand. The injury caused pain and swelling in his hand. Holloway was transported to the North Monroe Hospital emergency room, where he was examined by Dr. Scott McClelland, who recommended immediate surgery. A short time later, Holloway underwent surgery to remove damaged tissue from his right hand. The incisions were left open to allow fluid to drain from the wound. Two days later, a second surgery was performed to join together tendons and nerves severed by the fluid. Holloway began physical therapy several weeks after his injury.
Subsequently, the plaintiffs, Donnie and Nancy Holloway, filed a petition for damages against the defendants, Wilson, her auto liability insurer, Midland Risk Insurance Company, the plaintiffs' UM insurer, State Farm Fire & Casualty Company, and the manufacturer of the hydraulic rescue equipment, Holmatro, Inc. and its parent company, Holmatro Industrial and Rescue Equipment a/k/a BV Holmatro. Wilson and State Farm were dismissed from the suit on an exception of no cause of action. See Holloway v Midland Risk, 33,026 (La. App. 2d Cir. 5/15/00), 759 So.2d 309. After completion of the evidence, BV Holmatro was dismissed upon defendant's motion for directed verdict.
In their petition, plaintiffs alleged that Holmatro was liable for damages caused by its defective rescue equipment and for failure to warn under the Louisiana Products Liability Act (LPLA). Plaintiffs also urged that Holmatro's handling of the hoses constituted spoliation of evidence. The Ouachita Parish Police Jury intervened seeking recovery of workers' compensation and medical benefits paid. Holmatro filed a motion for summary judgment and a motion in limine to exclude evidence related to the spoliation claim. Both motions were denied.
After a trial, the jury returned a verdict assessing Holmatro with 100% fault in causing Holloway's injury. The jury awarded him damages of $275,000 for pain and suffering, $16,000 for lost wages, $4,000 in future lost wages and $66,000 in medical expenses. It also awarded Nancy Holloway $25,000 for loss of consortium. The poll of the jury showed that nine of the jurors agreed with the verdict. The tri
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