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Bergeron v. Caston9/25/2001
damages only if she has proven those damages, and proven that they were caused by a liable tortfeasor. Under Louisiana jurisprudence, there is a distinction between the appellate review of factual findings under the manifest error standard, and the review of the quantum of damages awards under the much discretion standard. Powell v. Regional Transit Authority, 96-0715 (La. 6/18/97), 695 So.2d 1326, 1332. Unless the record demonstrates that the trial court abused the much discretion provided for in fixing damages, the appellate court should not disturb the award. Bitoun v. Landry, 302 So.2d 278 (La. 1974). The question is not whether a different award might have been more appropriate, but whether the award of the trial court can be reasonably supported by the evidence and justifiable inferences from the evidence before it. Id. An appellate court might well disagree with the amount of the award fixed by the trier of fact, but it is not entitled to substitute its opinion for that of the trier of fact. Spillers v. Montgomery Ward & Company, Inc., 294 So.2d 803 (La. 1974).
As stated above, the trial court did find the Defendant liable, and did find that the Plaintiff was injured as a result of the Defendant's negligence. The Plaintiff argues that she is entitled to receive judgment for all of her medical expenses and lost wages. We agree, but only to the extent that these damages are proven to the sufficiency of the trial court. The trial court determined that the Plaintiff is entitled to damages in the amount of $21,791.73. With this award, we see no abuse of discretion.
CONCLUSION
For all of the above reasons, we find that the trial court did not abuse its discretion in the award of damages. Accordingly, the judgment of the trial court is affirmed. All costs of this appeal are to be borne by the Plaintiff.
AFFIRMED
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