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Littleton v. Wal-Mart Stores12/6/1999
Overseas Corp., 623 So.2d 1257 (La.1993), cert. denied, 510 U.S. 1114; 114 S.Ct. 1059 (1994), we have reviewed the facts and circumstances pertaining to Vicki's condition and find that $150,000 in general damages was not an abuse of discretion.
A couple of hours after the incident at Wal-Mart, after she had dropped her child off at day-care and gone to work, Vicki began to feel pain in her neck, shoulder, and back. She tried to go to a clinic at noon, but it was only operating as a pediatric clinic. She then went to an out-patient care facility where she was given some medicine and told to see her family doctor on Monday.
The incident occurred on a Friday. Over the weekend her pain increased, so Vicki saw her family doctor, Dr. Robert Moore on Monday. By this time Vicki also had a large bruise on her left forearm where she had hit the box. After examining Vicki and reviewing x-rays made at the clinic, Dr. Moore ordered a cervical MRI. Based on her complaints, he suspected she had a ruptured cervical disc. Vicki had an MRI on July 2, 1996, which revealed a herniated disc at C5-6. He referred her to a neurosurgeon, Dr. John Patton.
Dr. Patton examined Vicki on August 8, 1996, and found she had restriction of movement in her neck. He agreed that the MRI demonstrated a ruptured disc at C5-6. On August 20, 1996, Dr. Patton performed surgery and removed the disc at C5-6 to relieve pressure on the nerve. He then performed a fusion.
Vicki was in the hospital for three days following the surgery. She had to use a stiff collar 24 hours a day for approximately two months. She then graduated to a soft collar. The only time she removed these collars was when she bathed. She even had to sleep in the collars.
At the time of the accident Vicki was working as a secretary at Pinecrest Developmental Center. Since her job required her to look down, which was something she could not do, she had to take a disability leave of absence for a year. Dr. Patton explained that it could take up to a year for the graft in her neck to completely fuse. She finally returned to work on February 16, 1998.
Both Drs. Moore and Patton agreed that the ruptured disk was caused by Vicki's movement in attempting to block the falling box. There was no question but that this was a new injury and not something that had occurred over time.
Vicki testified that pain in her neck was intense until she had the surgery. She also explained at trial that she felt she had to be careful in her activities because of the neck surgery and her fear of damaging that area in her neck. Dr. Patton explained that the fusion restricted the movement in her neck, and she now has an increased risk of a ruptured disk above or below the area of fusion.
We find that $150,000 in general damages was an appropriate award under the circumstances of this case. The trial court did not abuse its discretion.
JURY TRIAL
Wal-Mart contends that the trial court erred in granting the Littletons' motion to strike its jury demand. Three reasons have been urged in support of this contention: (1) the trial court failed to order the amount of the bond more than 30 days prior to trial; (2) the clerk of court used part of the jury deposit funds without notice to anyone; and (3) the jury funds were deposited more than 30 days prior to the actual trial date.
The Littletons argue that we should not consider this assignment of error because Wal-Mart previously filed a writ application with this court, the application was denied, and that ruling should be the "law of the case."
The "law of the case" doctrine is not an inflexible rule. Dodson v. Comm
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