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Peters v. Williams12/14/2005
admitted, "I just didn't see him." By contrast, Peters saw the dump truck stop and reasonably expected it would wait until traffic passed before entering the street. He also testified that he swerved at the last minute, thereby limiting the property damage to his bumper and right rear fender. Considering the duties and conduct of both parties, we find no manifest error in assigning all fault to Williams. This assignment of error lacks merit.
Loss of Consortium
By its second assignment of error, the city urges the district court erred in awarding any consortium. It concedes that the awards of $1,500 to Jackie and $2,000 to Raisa are de minimis but urges that neither offered any proof of her loss. It also cites the court's finding that Jackie abetted her husband in doctor shopping.
Peters contends that the court properly found losses, but inadequately valued them. He suggests that these awards should be raised to $20,000 for Raisa and $25,000 for Jackie.
The compensable elements of a claim for loss of consortium of a spouse include loss of love and affection, loss of companionship, loss of material services, loss of support, loss of aid and assistance, and loss of felicity. Ferrell v. Fireman's Fund Ins. Co., 96-3028 (La. 7/1/97), 696 So. 2d 569. The elements of the child's claim are the same except for any component of sexual relations. Moore v. Safeway Inc., 95-1552 (La. App. 1 Cir. 11/21/96), 700 So. 2d 831, writs denied, 1997-2921, 3000 (La. 2/6/98), 709 So. 2d 735, 744.
Jackie testified, without contradiction, that after this accident, Peters became withdrawn and alienated from his family; he is no longer intimate with her, and they physically separated in August 2003. Raisa testified that her dad is no longer available to talk about her problems, help her keep her animals or go fishing. The district court was not plainly wrong to find these are compensable losses of consortium. The court explicitly found that Jackie's award must be offset by her participation in Peters's doctor shopping, and implicitly recognized that both awards must reflect that only a small portion of Peters's injury claims resulted from the accident. On this record, the awards of $1,500 and $2,000 are no abuse of discretion, either too high or too low. These assignments of error lack merit.
Costs
By its third assignment of error, the city urges the district court erred in casting it with 100% of costs. The city submits that its portion of costs should mirror Williams's share of fault in causing the accident, and admits that if the fault allocation is affirmed, the costs cannot be altered. Peters responds that the court complied with La. C.C.P. art. 1920, "costs shall be paid by the party cast," and did not abuse its discretion.
Since we have found no basis to disturb the allocation of fault, we will likewise not disturb the allocation of costs. We note further that at a hearing on December 21, 2004, the date of rendition, the court stated:
They submitted a stipulated -- an agreed upon judgment. And what I think they put in there was that they made an agreement that all costs would be paid by the defendant. The defendant, I think, agreed to pay all costs. All court costs anyway. That was [what] the dispute was all about.
Counsel for the city did not object. Under the circumstances, this assignment of error lacks merit.
Conclusion
For the reasons expressed, the judgment is affirmed. Each side is to bear its own appellate costs. In accordance with La. R.S. 13:5112, the city's appellate costs are fixed at $118.50.
AFFIRMED.
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