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Bertrand v. Air Logistics6/19/2002
e defendant had notice of defects or physical conditions which are dangerous. Burk v. Illinois Central Gulf R.R. Co., 529 So.2d 515 (La.App. 1st Cir.1988). Nevertheless, the party seeking to introduce evidence of prior accidents must show that the prior accidents involve substantially the same circumstances or conditions which caused the accident at issue. Id. Hasha v. Calcasieu Parish Police Jury, 94-705, p. 11 (La.App. 3 Cir. 2/15/95); 651 So.2d 865, 874, writs denied, 95-667, 95-676 (La. 4/28/95); 653 So.2d 592, 593.
The trial court heard Allison's motion to exclude this evidence during the course of the trial. Its decision to allow the evidence was based upon the testimony of Dr. Eagar. After much discussion regarding the other accidents and whether they were substantially similar to this accident, Dr. Eagar testified:
The cracking appears substantially similar, both in the fracture features in the microscope and the orientation down the splines. They have the same types of cracks, partial cracks at the spline roots. . . . So from a metallurgical . . . not from looking at all the other evidence about the maintenance and everything else. But just looking at the metallurgical part, I can't distinguish them from the incident one.
According to Dr. Eagar's testimony, the other accidents were substantially similar metallurgically - he could not distinguish them from each other. We find no error with the trial court's admission of this evidence.
Damages
Allison complains that the jury's award of $400,000.00 for Mr. Bertrand's physical and mental pain and suffering prior to his death was excessive, arguing the award reflects that the jury essentially made an award for his wrongful death. We do not agree.
This accident occurred when the engine of the helicopter in which Mr. Bertrand was a passenger failed. The helicopter went from an altitude of approximately 900 feet into the Gulf of Mexico where the seas were eight to ten feet high. Mr. Bertrand suffered an injury to his back while escaping from the downed helicopter. In April 1999, he underwent a lumbar diskectomy at the L4-5 level in his back. While the evidence reflects that Mr. Bertrand's recovery from his back injury progressed well and that he had been released to return to work shortly before his death, it also reflects that he endured significant mental suffering. As previously discussed, he was treated by a psychiatrist and a mental health counselor from shortly after his accident until the time of his death for post-traumatic stress disorder and major depression. His deposition testimony and his suicide note reveal that his mental suffering was great. In his deposition, he testified that he had recurring nightmares of the accident; however, his nightmares were worse than the accident had been. In his suicide note, he stated that hearing or talking about a helicopter scared him. His mental suffering was clearly a factor in his taking his life.
The jury has vast discretion in awarding general damages and appellate courts should rarely disturb such awards on appeal. Youn v. Maritime Overseas Corp., 623 So.2d 1257 (La.1993), cert. denied, 510 U.S. 1114, 114 S.Ct. 1059 (1994). The initial inquiry, in reviewing an award of general damages, 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; Reck v. Stevens, 373 So.2d 498 (La.1979). We find no abuse.
This assignment is without merit.
DECREE
The judgment of the trial court is affirmed. Costs are assessed to Allison and Air Logistics seventy and thirty percent, respectively
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