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Moore v. City of Chattanooga11/18/2005
Moore used to supplement the heating of his home by burning wood that he would cut and split, but that he is no longer able to do this. Mr. Moore also testified that he and his wife liked to walk a lot prior to the accident and that he is no longer able to do that with her. He stated: "I can't stay on my feet for long periods of time. I have to sit down and rest." He further explained that walking is limited to " nly like a mile now. Normally before when we walked, we'd walk, what, two and a half to three miles. Now I have to sit down and rest." Mrs. Moore testified that walking was "the bulk of our recreation unfortunately." She testified that prior to the accident, her husband never had any problems walking. She stated that now "we don't walk as often. He doesn't feel like it. He can't keep up with me, which I'm really fast. It's just more painful for him. He limps at times." The evidence shows that prior to the accident, Mr. and Mrs. Moore would go to Florida for vacations and walk on the beach and also would attend classic car shows and walk around to view vehicles. Mrs. Moore testified that since the accident, her husband "has a lot of problems when he does anything physical."
We note that the City concedes that Mrs. Moore is entitled to an award of damages for her consortium claim, and argues only that the amount awarded was excessive. We have carefully reviewed the evidence in the record and find that the evidence does not preponderate against the Trial Court's findings relative to loss of consortium. We, therefore, affirm the award of $20,000 for loss of consortium.
Conclusion
The judgment of the Trial Court is affirmed, and this cause is remanded to the Trial Court for collection of the costs below. The costs on appeal are assessed against the Appellant, the City of Chattanooga.
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