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Methvin v. Ferguson9/26/2001
scretion in the trial court's award of general and special damages to Mr. and Mrs. Methvin. In making damage awards, the discretion of the trier of fact is great, and even vast, so that an appellate court should rarely disturb an award of general damages. Youn v. Maritime Overseas Corp., 623 So. 2d 1257 (La. 1993), cert. denied, 510 U.S. 1114, 114 S.Ct. 1059, 127 L. Ed. 2d 379 (1994). Our role is not to decide what we consider to be an appropriate award, but rather to review the exercise of discretion by the trier of fact. Id. Each case is different and the adequacy or inadequacy of the award should be determined by the facts and circumstances particular to the case under consideration. In reviewing a damage award, the initial inquiry is whether the award for the particular injuries and their effects under the particular circumstances on the particular injured person is a clear abuse of the much discretion of the trier of fact. Id. Only if the reviewing court finds that an abuse of discretion has occurred may it consider whether the contested award is truly disproportionate to past awards for similar injuries. Id.
The trial court found that Mrs. Methvin sustained a myoligamentous strain of the lumbar spine, as diagnosed by Dr. Jones, which caused her to have severe headaches and neck and back pain. Mrs. Methvin experienced trouble sleeping after the accident and her daily work, household and social activities suffered due to the pain in her neck. In addition, her intimate relationship with Mr. Methvin was adversely affected. Significantly, Dr. Wojcik testified that he released Mrs. Methvin not because her condition had resolved, but, rather, because he did not feel that continued treatment would improve her condition any further. Mrs. Methvin continued to experience occasional headaches, short-term memory loss and neck pain as of the date of trial.
On this record, we do not find the general damage award to be an abuse of the trial court's great discretion. Likewise, we find sufficient evidence in the record to support the award to Mr. Methvin for loss of consortium in the amount of $4,000. Finally, we find no abuse of discretion in the trial court's awarding Mrs. Methvin the entirety of her medical expenses. This award was based on the trial court's decision that there were no separable injuries resulting from the McDonald's incident which would necessitate allocating medical expenses for specific injuries. We agree with the trial court that the medical expenses incurred by Mrs. Methvin were sufficiently related to the automobile accident to warrant the amount awarded.
CONCLUSION
For the foregoing reasons, the Amended Judgment of the trial court is affirmed. Costs are assessed to State Farm Mutual Automobile Insurance Company, Inc.
AFFIRMED.
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