Articles Posted in Negligence

The American justice system places juries in charge of some fairly weighty decisions. However, juries are not the final arbiter of a plaintiff’s rights. There are several post-verdict motions that can be made at the trial level as well as an entire system of appellate courts to which a plaintiff can turn if a jury verdict fails to satisfy.

Sheila Martin, an adult woman incapable of caring for herself, brought suit through her parents against the driver of the vehicle that struck Ms. Martin’s mother’s vehicle, thereby injuring Ms. Martin. The driver, Bruce Walker, conceded liability but no settlement could be reached as to the appropriate amount of damages. Trial proceeded on the issue of damages alone. The jury determined that Ms. Martin was entitled to $25,96.58 for medical expenses, $6,500 for past physical pain and $500 for past mental anguish. No damages were awarded for any future expenses or suffering, most likely because a doctor who had treated Ms. Martin signed a form indicating that she was back to pre-accident status and would not require any future care.

The plaintiffs, however, were not completely pleased with this verdict. They felt it was inadequate compensation for the totality of Ms. Martin’s injuries and as such filed a motion for what is called additur. Additur is an additional award of damages added to a jury verdict by the trial court judge. Judges are not permitted to engage in this type of change in the verdict in all states but Louisiana law allows for it. The judge in Ms. Martin’s case tacked an additional $17,000 on to her award citing Ms. Martin’s soft tissue injury as the reason for which she was entitled to recovery. The court broke down its additional $17,000 into $14,000 for past physical pain, $2,000 for past mental anguish and $1,000 for loss of enjoyment of life.

Car accidents can be difficult to navigate because of conflicting evidence, opinions and the fact the circumstances often lead the people involve rattled and unable to recall facts clearly. In a recent case, Bethany Dixon appealed a trial court judgment against her involving a vehicular accident that occurred on I-20 near Acadia in Bienville Parish. In part because Ms. Dixon could not recall exactly how the accident occurred, the court relied on the evidence put forth by the defendant, Charles Tucker, who rear-ended her as she merged onto I-20 from an on ramp. Mr. Tucker believed Ms Dixon was travelling at around 30 mph while he was travelling at the speed limit, 70 mph.

The trial court relied on the sudden emergency doctrine, which states that when a driver merges onto a limited access highway, the driver it merges in front of will not be liable if the lead driver created a hazard that could not be avoided. Here, the court accepted the narrative that Mr. Tucker rear-ended Ms Dixon’s vehicle because Ms. Dixon failed to signal or yield to oncoming traffic, and Mr. Tucker did not have enough notice to avoid the hazard Ms Dixon created. In addition, an eighteen-wheeler in the lane next to him prevented him from switching lanes.

Appealing a ruling is a risk, and is often a question of strategy. In this case, Ms. Dixon was unable to win the appeal in part because the Appellate Court was deferential to the trial court. Ms. Dixon claimed that the trial court erred in its factual findings, rather than legal findings, so the Appellate Court could not simply consider the case anew from start to finish. Instead, the Appellate Court could only reverse the lower court’s finding if the lower court did not have a sufficient factual basis for its findings. Here, the Appellate Court found a reasonable factual basis for the trial court’s outcome, and upheld its decision.