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Craighead v. Preferred Risk Mutual Insurance Co.8/25/2000
ocking scene which Caroline's mother and brother witnessed was certainly one in which persons in the claimants' positions would reasonably suffer serious, severe mental anguish or emotional distress from the experience. The family made commendable efforts by seeking assistance through counseling and by resuming their normal activities to lessen the negative effects of their loss. Although the awards for their emotional distress were generous, the trial court which had an opportunity to assess the damage to the family first hand did not abuse its great discretion under the particular facts of this case.
Quantum of General Damages
Finally, the Cedar Creek defendants urged that the trial court erred in awarding excessive general damages in the amount of $450,000 each to Caroline's mother and father. General damages are those which may not be fixed with pecuniary exactitude. A trier of fact has great discretion in fixing general damages. A trial court's award of general damages should not be overturned by a reviewing court absent an abuse of discretion. When damages are unsusceptible of precise measurement, much discretion is left to the trial court for the reasonable assessment of these damages. La. C.C. art. 1999. An appellate court should rarely disturb an award for general damages. Only if an award is first found to be inadequate or excessive on the facts of the particular case may the appellate court refer to the awards in "similar" cases. Greene v. Fox Crossing, Inc., 32-774 (La. App. 2 Cir. 3/1/00), 754 So.2d 339, writ denied, 2000-0944 (La. 5/26/00), So. 2d , 2000 WL 826304.
In assessing the awards to Caroline's parents, the trial court noted that this family was one of the closest he had observed from the bench and that the type of person Caroline was resulted from the efforts made by her parents. Pointing out that the loss of their child had changed their lives, the trial court stated that Caroline, an A and B sixth grade student, was an active child in school and dance activities which her parents always attended. Her school work, poetry and photographs placed into evidence vividly illustrated the well-rounded, creative person Caroline was and the closeness of her immediate and extended families. Clearly, the loss of Caroline in this terrible accident was a devastating loss to her family and friends.
A $450,000 award to his mother, a single parent for most of the child's life, was affirmed in In re Medical Review Panel Bilello, 621 So. 2d 6 (La. App. 4th Cir. 1993), writ denied, 629 So. 2d 1139 (La. 1993). Following his third open heart surgery, the fourteen year old suffered complications and died after several days during which his mother stayed with him at the hospital. Despite two earlier heart surgeries, the boy led a normal life and had a close relationship with his mother who observed his suffering from the fluid build up around his heart prior to his lapsing into unconsciousness.
In Dartlone v. Louisiana Power and Light Co., 33,597 (La. App. 2d Cir. 6/21/00) So. 2d , 2000 WL 793950, this court affirmed an award of $350,000 to each parent for the loss of their 17-year-old son and noted a number of other cases containing awards for the loss of a child. The family was extraordinarily close and his death had a devastating effect on his parents both of whom sought therapy and were prescribed medication for depression. Their child had been an outstanding person in every aspect of his life and did everything with his father including hunting, fishing and working on his truck.
In this case, Caroline's father testified that he and the family had therapy including group therapy to handle their grief. The Craigheads no longer permit thei
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