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Nunez v. Commercial Union Insurance Co.8/23/2000
er to Dr. Goran. Although she was only seen by Dr. Goran once, she stated that she would like to return to him for treatment of her back and neck.
Lillian testified that she is unable to do housework and has paid $2,079.70 to have this work done. She stated that she is unable to sleep and that she takes daily medication for dizziness and headaches. She testified that she was going to physical therapy, but stopped because it caused her to suffer terrible headaches. She stated that she suffers bad spells three to four times month.
Lillian testified that she has undergone a triple coronary by-pass surgery and surgery to open her left carotid artery. She admitted that her right carotid artery is also completely blocked. However, she testified that her health was good at the time of the May 20, 1996 accident. Prior to the accident, she testified that she did housework, sewed, and traveled with her husband in their recreational vehicle. Now, she stated that she cannot sew because her back hurts if she sits very long.
The jury awarded Lillian $250,000 in general damages, $75,000 in disability, $21,561.64 in past medical expenses, $54,000 in future medical expenses, $2,079.70 in attendant expenses for a total of $402,641.34 in damages. Considering the effect that this accident has had on this plaintiff, although we may also feel that this award is on the high side, we cannot say that it is unreasonable.
For the preceding reasons, the trial court's judgment awarding damages is amended to reduce the amount of damages awarded to Clayton commiserate with our finding of ten percent of the fault in causing the accident. The award of damages to Lillian is affirmed.
REVERSIONARY TRUST
In its final assignment of error, DPSC argues that the trial court erred in not ordering the award of future medical expenses for Lillian to be paid in accordance with La.R.S. 13:5106(B)(3). We agree. La.R.S. 13:5106(B)(3)(a), which became effective May 9, 1996, provides, in pertinent part:
In any suit for personal injury wherein the court, pursuant to judgment, determines that the claimant is entitled to medical care and related benefits that may be incurred subsequent to judgment, the court shall order that a reversionary trust be established for the benefit of the claimant and that all medical care and related benefits incurred subsequent to judgment be paid pursuant to the reversionary trust instrument.
Thus, the trial court's judgment is amended to order that a reversionary trust in the amount of $54,000 be established for the benefit of Lillian for the payment of all medical care and related benefits incurred subsequent to the judgment.
CONCLUSION
For the foregoing reasons, the judgment of the trial court is amended to apportion sixty-five percent of the fault to the State of Louisiana, Department of Public Safety and Corrections, fifteen percent of the fault to the Calcasieu Parish Sheriff's Department, and ten percent each to Garrett Hoffpauir and Clayton Nunez. The judgment is further amended to reduce Clayton's award of damages by ten percent, from $356,696.90 to $353,129.94. The judgment is affirmed in all other respects. The costs of this matter are assessed $1,240.13 to DPSC and $1,240.12 to the Nunezes.
AFFIRMED AS AMENDED.
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