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Carrier v. Nobel Insurance Co.2/6/2002
AFFIRMED AS AMENDED.
This case arises from a two vehicle accident that occurred on March 12, 1997. The Defendants stipulated to liability and only damage- related issues were presented at trial. The jury returned a verdict of $2.67 million. From this verdict, the Defendants appeal.
General Facts
On March 12, 1997, Dixie Carrier was driving her truck on the service road of Highway 90 in Broussard, Louisiana. At the same time, Richard Barnett was driving a vehicle on Tubing Road. After running a stop sign, Barnett caused a collision between the two vehicles. As a result of the accident, Carrier sustained both property damage and personal injuries. Since the Defendants have stipulated to liability in causing the accident, only damage-related issues were tried.
Due to the injuries sustained in this accident, Carrier has undergone both decompression of her right acromioclavicular joint and a fusion of her lumbar vertebrae at the L4-5 level. Both of these procedures, on her lower back, were performed by Dr. John Cobb. Additionally, Carrier alleges to have experienced urinary dysfunction and torn shoulder ligaments as a result of this accident. At trial, upon hearing evidence relating to the damages sustained by the Plaintiffs, the jury returned a verdict awarding the Plaintiffs $2.67 million in total damages.
From this judgment, the Defendants assert the following assignments of error:
(1) The jury committed manifest error when it found that Carrier's low back surgery, bladder condition and psychological problems were related to her March 12, 1997, accident in light of the medical evidence to the contrary and the amount of time that passed between the accident and Carrier's complaints of these injuries.
(2) The jury committed manifest error in awarding Carrier $1.159 million in general damages for injuries that were not related to her accident and where such an award would have been outrageous and insupportable even if they were so related.
(3) The jury committed manifest error in awarding Carrier $655,000 in past lost wages and loss of earning capacity in light of the evidence introduced at trial that established that Carrier did not miss a significant amount of time from work following her accident and that, after her surgeries, she could return to the same employment that she held before the accident.
(4) The jury committed manifest error in awarding Carrier $750,000 in future medical expenses where such future expenses were based on injuries unrelated to the accident or wholly speculative evidence concerning Carrier's future medical procedures.
(5) The trial court committed reversible error when it included Nobel Insurance Company as a solidary obligor for the entire amount of the $2,674,540 judgment awarded to Plaintiffs, as Nobel's policy limits were only $1,000,000.
Law and Analysis
It is well settled that " his court will not set aside a trial judge's or jury's finding of fact in the absence of `manifest error' or unless it is `clearly wrong.'" Johnson v. First Nat. Bank of Shreveport, 00-870, p.10 (La.App. 3 Cir. 6/20/01); 792 So.2d 33, 45; citing Stobart v. State through D.O.T.D., 617 So.2d 880, 882 (La.1993); Rosell v. ESCO, 549 So.2d 840 (La.1989). "In order for this court to conclude that the factfinder's determination warrants reversal, we must find from the record that a reasonable factual basis does not exist for the finding of the trial court and that the record establishes that the finding is clearly wrong." Johnson, 00-870, p. 10; 792 So.2d at 45; citing Stobart, 617 So.2d 880; Mart v. Hill, 505 So.2d 1120 (La.1987). Thus, we must do mor
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