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Augillard v. Gaspard5/30/2002
d is, in either direction, beyond that which a reasonable trier of fact could assess for the effects of the particular injury to the particular plaintiff under the particular circumstances that the appellate court should increase or reduce the award. Id.
After a thorough review of the record, we note that the objective evidence indicates that, as a result of the accident, Augillard sustained "broadly based disc herniation" of two lumbar discs, which may not require surgery, and a disfiguring facial laceration. The trial court's general damages award was $68,500.00. We find this award inadequate for the severity of Augillard's injuries and, as such, constitutes an abuse of the trier of fact's discretion.
Having so concluded, and though we do not seek uniformity of awards, we look to other decisions involving similar injuries to determine the minimum amount within the trier of fact's discretion to compensate plaintiff for his injuries. Reck v. Stevens, supra; Coco v. Winston Industries, Inc., supra. In Riley v. Winn-Dixie Louisiana, Inc., 489 So.2d 931 (La. App. 5 Cir. 1986), writ denied, 494 So.2d 329 (La. 1986), this Court surveyed similar cases and concluded that a general damage award of $100,000.00 is the low range for a herniated lumbar disc resulting in a laminectomy.
Considering the nature of plaintiff's injuries and the fact that his injuries did not require surgery, we conclude that the trial judge should have awarded at least $85,000.00 in general damages. We, therefore, conclude that Augillard's general damages award must be increased to $85,000.00, the lowest amount within the trier of fact's discretion.
Accordingly, the judgment in favor of plaintiff and against defendants in the sum of $81,602.31 is amended and increased to the sum of $98,102.31. As amended and in all other respects, the judgment is affirmed. Costs of this appeal are assessed in total against appellant.
AMENDED AND AFFIRMED.
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