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Angelle v. Delery

11/26/2002

her. Further, she argues that she should have been awarded damages since she had to undergo heart surgery as a prerequisite to the shoulder surgery, which she must undergo to repair the physical damage caused by the accident.


We agree with the plaintiff that the jury was clearly wrong in its award but we do not agree that the trial judge erred. With respect to plaintiff's claim that the award of $50,000.00 is "woefully inadequate" to compensate her, we reiterate that the trier of fact's vast discretion is such that an appellate court should rarely disturb an award of general damages. Youn, supra. We will not disturb the trial court's award on appeal.


Finally, a plaintiff ordinarily may recover from the tortfeasor reasonable medical expenses, past and future, which he incurs as a result of an injury . White v. Longanecker, 93-1122 (La.App. 1 Cir.5/23/94); 637 So.2d 1213, 1218, writ denied, 94-1704 (La.10/7/94); 644 So.2d 640. Here, plaintiff suffered from aortic valvular stenosis, which required surgery. Based on the information presented in the record, it appears that the plaintiff would have eventually had to have this surgery, even if she had not been involved in this accident. We conclude, therefore, that the plaintiff failed to establish any causal connection between the car accident and her heart problem. Accordingly, we find no merit in plaintiff's assigned error.


For the foregoing reasons, we affirm the trial court's ruling in this case. Costs of this appeal are to be paid by the defendants.


AFFIRMED.






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