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Yellott v. Underwriters Insurance Co.8/31/2005
th associated hospital expenses of $14,000.00. Thus, an award of $16,500.00 for this surgery is supported by the record. Although Dr. Steiner testified about the likelihood of the need for Yellott to undergo physical therapy after the surgery, no evidence was presented regarding the cost of such therapy, and, therefore, this expense is not supported by the record.
Regarding Yellott's alleged mental injury suffered as a result of the accident, Dr. Robertson offered testimony of estimated costs for his proposed treatments. Dr. Robertson recommended one to two years of counseling to assist Yellott's recovery, explaining that weekly sessions would be necessary for the first six or seven appointments. Thereafter, he recommended twice-monthly appointments. Each session would cost $100.00. Given his proposed two-year time frame, this testimony supports an award of $5,600.00.
No evidence was presented of estimated costs for Dr. Black's recommended course of treatment for Yellott. Consequently, there is no basis for which an award for his treatment could have been fashioned, and any such amount awarded by the jury is unsubstantiated and speculative.
Our review of the record ultimately reveals support for the jury's award of $12,400.00 for past medical expenses; $16,500.00 for the shoulder surgery recommended by Dr. Steiner; and $5,600.00 for the treatments recommended by Dr. Robertson. As these are the only medical expenses supported by the record, the jury's award of $90,000.00 in this regard is error. The past, present and future medical expenses award is reduced to that figure supported by the record, $34,500.00.
General Damages
Next, we examine the propriety of the jury's failure to award general damages in light of the award of damages for past, present and future medical expenses. The supreme court in Green v. K-Mart Corp., 03-2495 (La. 5/25/04), 874 So.2d 838, held that should a fact finder award special damages, but fail to award general damages, the appellate court must consider whether the award is so inconsistent that it indicates an abuse of discretion. If the court finds such an inconsistency, then a de novo review of the record is required. Id. As reflected above, the record supports an award of $34,500.00 for medical expenses. Although, we have found that the record supports a lower award for medical expenses than that which was originally awarded by the jury, we find that the jury correctly determined that Yellott suffered injuries causally related to the accident which required medical attention and is still suffering an injury that may require medical attention in the future. Failing to make a general damage award in such circumstances is an abuse of discretion. See Green, 874 So.2d 838. In conducting a de novo review of the record, it is determined that the extensive changes in Yellott's physical, psychological, and emotional state, along with attendant changes in her life, mandate an award of $100,000.00 for pain and suffering and loss of enjoyment of life.
Lost Wages
Regarding past lost wages, the evidence presented by Yellott resulted in a jury award of $10,000.00 for lost wages. Yellott seeks an increase to account for the pay and benefits differential between her position in the telemetry unit of St. Patrick's Hospital and her current position as a nurse at a rehabilitation facility. The manifest error standard applies to our review of this jury award and requires us to examine the facts or circumstances of the case in order to determine the adequacy or inadequacy of the award. Thibeaux v. Trotter, 04-482 (La.App. 3 Cir. 9/29/04), 883 So.2d 1128, writ denied, 04-2692 (La. 2/18/05), 896 So.2d 31.
In
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