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Tag: Comparative Fault

  • Louisiana Court Adjusts Damages in Car Accident Case, Emphasizes Need for General Damages

    A recent ruling by the Louisiana Court of Appeal has highlighted the importance of awarding general damages in personal injury cases, even when the primary focus is on medical expenses. The case involved a car accident where the jury awarded the plaintiff past medical expenses but failed to award any general damages for pain and suffering.

    In 2013, Steven McDowell was involved in a car accident with Russell Diggs. McDowell sued Diggs and his insurer, seeking damages for physical and mental pain and suffering, loss of enjoyment of life, and medical expenses.

    The jury found both drivers equally at fault (50% each) and awarded McDowell $8,000 for past medical expenses. However, they did not award any general damages. McDowell appealed, arguing that it was legal error to award special damages without also awarding general damages.

    The Court of Appeal agreed with McDowell, finding that the jury’s decision to award medical expenses but no general damages was an abuse of discretion. The court conducted a de novo review of the evidence and awarded McDowell an additional $25,000 in general damages.

    Understanding the Types of Damages

    • Special Damages: These are quantifiable economic losses, such as medical expenses, lost wages, and property damage.
    • General Damages: These are non-economic losses that are more difficult to quantify, such as pain and suffering, mental anguish, and loss of enjoyment of life.

    Why General Damages Matter:

    General damages compensate for the intangible harms caused by an accident. They acknowledge the physical and emotional toll an injury can take on a person’s life. Even if medical expenses are covered, the pain, suffering, and reduced quality of life deserve compensation.

    Key Takeaways from the Case:

    • Legal Error: The court emphasized that it’s a legal error for a jury to award special damages without also awarding general damages when the injuries are proven.
    • De Novo Review: When such an error occurs, the appellate court can conduct a de novo review, meaning they will independently assess the evidence and determine an appropriate award for general damages.
    • Importance of General Damages: The case highlights that general damages are an essential component of fair compensation in personal injury cases.
    • Seek Legal Counsel: If you’ve been injured in an accident, it’s crucial to consult with an attorney who can help you understand your rights and ensure you receive full and fair compensation for all your losses, including general damages.

    This case serves as a reminder that even in cases where medical expenses are the primary focus, general damages for pain and suffering should not be overlooked. The court’s decision emphasizes the importance of ensuring that injured individuals receive just compensation for the full spectrum of harm they’ve suffered.

    Additional Sources: STEVEN MCDOWELL VERSUS RUSSELL DIGGS, UNITED SERVICES AUTOMOBILE ASSOCIATION AND LIBERTY MUTUAL INSURANCE COMPANY

    Written by Berniard Law Firm

    Other Berniard Law firm articles on General Damages: Louisiana Court Affirms General Damages Awarded to Ascension Parish Woman Injured In Auto Accident and Falling Tree Victim Entitled to Increase of General Damages

  • Unexpected Acceleration or Failure to Yield? Louisiana Court Reverses Summary Judgment in Car Accident Case

    In personal injury law, car accidents at intersections are all too common. However, the case of Trapp v. Allstate Property and Casualty Insurance Company brings a unique twist: the claim of a sudden, unexpected vehicle malfunction. This Louisiana Court of Appeal decision underscores the importance of thoroughly investigating all aspects of an accident before assigning fault, especially when a vehicle defect may have contributed.

    The case arose from an accident at an intersection in Louisiana. Mr. Trapp was entering the highway from a gas station parking lot when his truck collided with Mr. Martin’s truck. While Mr. Trapp was cited for failure to yield, Mr. Martin claimed his truck suddenly accelerated out of control, preventing him from avoiding the collision.

    The trial court initially granted summary judgment, finding Mr. Martin 100% at fault. However, the Court of Appeal reversed this decision, stating that genuine issues of material fact existed regarding comparative fault and the potential for a third party (the vehicle manufacturer) to be at fault.

    The Court of Appeal emphasized that summary judgment is only appropriate when there’s no genuine dispute about any material facts. In this case, Mr. Martin’s consistent testimony about his truck’s sudden acceleration raised questions about whether the accident was solely his fault. The court noted that while an expert couldn’t reproduce the malfunction, this didn’t negate Mr. Martin’s claim.

    Additionally, the court considered Mr. Trapp’s statement to the investigating officer that he believed Mr. Martin had time to slow down. This suggested Mr. Trapp might have incorrectly assumed Mr. Martin would yield, even though the law required him to yield when entering the highway.

    The court concluded that these disputed facts warranted a trial to determine each driver’s degree of fault and whether any third party, such as the vehicle manufacturer, might also be liable.

    Things to Consider: 

    • Sudden Acceleration Claims: While rare, claims of sudden unintended acceleration can complicate car accident cases. It’s essential to thoroughly investigate such claims and consider all potential contributing factors.
    • Comparative Fault: Louisiana follows a comparative fault system, meaning fault can be apportioned between multiple parties, including drivers and potentially even vehicle manufacturers.
    • Summary Judgment Requires No Disputed Facts: Summary judgment is only appropriate when there’s no genuine dispute about critical facts. These issues must be resolved at trial if there are conflicting accounts or evidence.

    The Trapp decision reminds us that assigning fault in car accidents isn’t always straightforward. Factors like potential vehicle malfunctions and the actions of both drivers must be carefully considered.

    If you’ve been involved in a car accident, seeking legal advice from an experienced personal injury attorney is crucial. They can help you investigate the accident, identify all potentially liable parties, and fight for the compensation you deserve.

    Additional Sources: JEFFREY TRAPP, ET AL. VERSUS ALLSTATE PROPERTY AND CASUALTY INSURANCE COMPANY AND JOHN R. MARTIN

    Written by Berniard Law Firm

    Other Berniard Law Firm Articles on Car Accidents: Can a Prior Insurance Lawsuit Affect Your Personal Injury Claim?  and Louisiana Court Upholds Modest Damages in Minor Car Accident Case: Highlighting the Importance of Proving Causation and the Impact of Pre-Existing Conditions

  • A Car Crash, a Faulty Repair, and a Battle Over Damages

    Patricia Spann’s life took a dramatic turn when she lost control of her Chevrolet Cobalt, resulting in a severe accident that left her with multiple fractures and a lengthy hospital stay. She believed the cause of the accident was a faulty power steering system, recently replaced by Gerry Lane Chevrolet as part of a recall. Spann sued Gerry Lane, alleging negligence in the repair and the hiring and training of their mechanics.

    The legal journey was not a smooth one. Initially, the trial court dismissed Spann’s case, granting Gerry Lane’s motion for summary judgment due to a perceived lack of evidence. However, Spann fought back, securing a new trial based on additional evidence from her expert witness.

    This expert, a mechanical engineer, had conducted multiple inspections of Spann’s car, ultimately concluding that the power steering system failed due to improper installation. Gerry Lane challenged the admissibility of this expert’s testimony, arguing it lacked scientific basis and that some inspections violated a court order. However, the court allowed the testimony, stating that challenges to the expert’s conclusions were about the weight of the evidence, not its admissibility. The court also determined that while the inspections without the defendants present were “troubling,” there was no evidence of intentional wrongdoing.

    At trial, a jury found Gerry Lane partially at fault for the accident and awarded Spann damages for medical expenses and lost wages. However, they did not award any damages for pain and suffering, a decision that Spann challenged. The trial court agreed with Spann, finding the jury’s verdict inconsistent. It granted a Judgment Notwithstanding the Verdict (JNOV), significantly increasing the damages to include a substantial amount for pain and suffering. (see La. C.C.P. art. 1811).

    Gerry Lane appealed, arguing several points, including the admissibility of the expert’s testimony, the evidence from the inspections, the granting of a new trial, and the large increase in damages awarded by the JNOV.

    The appeals court carefully reviewed the evidence and legal arguments. It upheld the trial court’s decisions regarding the expert testimony, the evidence from the inspections, and the new trial. However, while it agreed that the jury’s verdict was inconsistent and a JNOV was warranted, it found the trial court’s increase in damages to be excessive. The appeals court reduced the additional award for pain and suffering, striking a balance between recognizing Spann’s injuries and respecting the jury’s initial findings.

    This case underscores several important legal concepts. It highlights the critical role of expert witnesses in complex cases, particularly when technical or scientific issues are involved. It also emphasizes the importance of adhering to court orders and the potential consequences of violating them, even if unintentional.

    Furthermore, the case demonstrates the power of a JNOV to correct an inconsistent or unjust jury verdict. However, it also shows that even when a JNOV is granted, the court’s discretion in awarding damages is not unlimited and must be based on a reasonable assessment of the evidence.

    Spann v. Gerry Lane serves as a reminder that the legal process can be long and complex, with multiple layers of review and potential for appeals. It underscores the importance of seeking experienced legal counsel to navigate these complexities and ensure that justice is served.

    Additional Sources:PATRICIA SPANN VERSUS GERRY LANE ENTERPRISES, INC. D/B/A GERRY LANE CHEVROLET, ABC AND XYZ

    Written by Berniard Law Firm 

    Other Berniard Law Firm Articles on Increase of Jury Awards: How can an Appeal Affect a Jury’s Award for Mental and Physical Pain and Suffering?  and Allocating Damages in Wrongful Death Cases: Navigating the High Standard of JNOV Motion