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Williams v. City Baton Rouge4/30/1998
as a constant aggravation; if it was not raining, the machines were running. Plaintiffs testified that even when it appeared there was no use for the machines, DPW ran them all day long. Ida Jane Raby testified that during the time DPW was on her property, her asthma condition was exacerbated and she was required to utilize more medicine than usual. She explained that, because she has heart problems, the use of more medicine created a dangerous situation for her. The noise apparently interfered with her ability to engage in her typical hobbies and caused her stress.
The constant police presence was another source of anxiety for the plaintiffs. Several plaintiffs testified that they felt threatened and intimidated when a policeman with a shotgun was seen in the vicinity of the property on January 6, 1984, prior to commencement of the excavation project. Class I plaintiffs and the Rabys explained that the police presence was like being under house arrest and that they felt humiliated and embarrassed.
There was a significant amount of testimony from Class I plaintiffs and the Rabys, all of whom reside on the property, regarding the presence of snakes, mosquitoes and rats in the ditches. Louise Jackson expressed fear and concern for the minor children who reside in her household due to the additional pestilence, as well as the likelihood that a child may fall into one the ditches. She has had to curtail their outdoor activities.
All of the plaintiffs testified that the loss of the contiguous nature of their property was most painful. Several of the Class II plaintiffs, and John Raby, testified that because of their inability to cross the ditches and the loss of land, they had to forego gardening, a hobby they had consistently participated in for many years.
While defendants correctly point out that plaintiffs have failed to produce evidence of psychic trauma of the nature or similar to physical injury , they are still entitled to recover for the mental anguish they endured. See Bostwick v. Avis Rent-A-Car, 215 So.2d 854, 857 (La. App. 1st Cir. 1968). However, the presence of the ditches, no doubt, was a constant and painful reminder of the indignity the plaintiffs endured, and we cannot say the awards were an abuse of the trial court's much discretion.
C. Inadequate Damages
As to the claims on appeal by the Gage and Williams families that the damages are inadequate, we acknowledge that plaintiffs are entitled to full indemnification for the damages caused by the City/Parish's trespass. See Britt Builders, Inc., 618 So.2d at 903. However, even when we consider whether an award should be increased rather than decreased, our responsibility on appeal is to determine whether the trier of fact abused its discretion in making these particular awards. See Paige v. Safeco Ins. Co. of America, 404 So.2d 1319, 1321 (La. App. 2d Cir. 1981), citing Reck v. Stevens, 373 So.2d 498, 500 (La. 1979). Although the actions of the defendants in the instant case were most egregious, the damages are to compensate the victims for their losses, not to punish the defendants. Thus, we cannot say the trial court abused its discretion in failing to award more. Plaintiffs' contentions to the contrary in their answers to the appeal are without merit.
V. ATTORNEY FEES
The trial court awarded $15,000.00 each to the Gage family, the Williams family, and the Raby family in attorney fees. Defendants urge the award is erroneous. Plaintiffs contend, however, that La.R.S. 13:5111 supports the attorney fees award.
In relevant part, La.R.S. 13:5111(A) provides:
A court of Louisiana rendering judgment for the plaintiff, in a pr
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