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Orillac v. Solomon8/23/2000
llac's back injury. Defendants contend that the injury was a soft-tissue injury, was not severe and was of short duration. They further argue that, even if the minor lumbar disc bulges were related to the accident, Ms. Orillac only suffered minimal problems of a short duration and that the medical reports of Drs. Brown and Marsala confirmed that the disc bulges did not cause any neurologic deficits.
In contrast, Plaintiffs point out that Dr. Brown testified that Ms. Orillac's back injury was related to the accident and that she would continue to have problems with prolonged standing and childbearing as a result of the bulging discs. Plaintiffs argue that the trial court's award of $40,000 in general damages for the back injury is not an abuse of discretion.
After reviewing the particular facts and circumstances of this case concerning Ms. Orillac's back injury , we conclude that the trial court abused its broad discretion in awarding $40,000 in general damages for Ms. Orillac's back injury. The MRI of her lumbar spine showed minimal bulging of two discs and very slight encroachment between vertebra. Ms. Orillac saw Dr. Brown, and only Dr. Brown, for a total of only four times, one of which was to review the MRI. She continued to function as a full-time college student and member of a sorority prior to her graduation; and, despite her complaints of continued pain at the time of trial, she admitted to some jogging and to full-time employment. Dr. Brown opined that, if Ms. Orillac's back injury did become symptomatic, it would be as the result of prolonged standing. We note that Ms. Orillac testified that her day-to-day job duties consisted mainly of sitting in front of a computer all day. We conclude that Ms. Orillac's back injury, though of a continuing nature, was not so severe as to justify a $40,000 general damage award. Accordingly, we find that the trial court abused its discretion in making an award in this amount.
After reviewing the jurisprudence, including those cases cited by both Defendants and Plaintiffs, we conclude that the highest general damage award for Ms. Orillac's back injury that would not be an abuse of discretion is $30,000. See Gladney, supra; Panzico v. Price, 26,232 (La. App. 2d Cir. 5/10/95), 658 So. 2d 1310, writ denied, 95,1453 (La. 9/29/95), 660 So. 2d 653; Spurrell v. Ivey, 25,359 (La. App. 2d Cir. 1/25/94), 630 So. 2d 1378.
DECREE
For the foregoing reasons, we amend that portion of the judgment relating to general damages associated with Ms. Orillac's, back injury , by reducing the award for her back injury from $40,000 to $30,000. As amended, we affirm the judgment of the trial court. Costs shall be divided equally between Plaintiffs and Defendants.
AMENDED AND, AS AMENDED, AFFIRMED.
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