Jones v. Harris
Louisiana Court of Appeals
896 So.2d 237 (2005)
Jacquelyn Jones (plaintiff) suffered back and rib injuries when Harris (defendant), acting within the scope of her state employment, rear-ended Jones's rental car, requiring extensive medical treatment including surgeries. Jones's two treating physicians testified her injuries were more likely than not caused by the collision, while the State's expert blamed the surgeries themselves rather than the accident. After the trial court granted summary judgment on liability, a jury awarded Jones over $1.1 million in damages across several categories, plus $40,000 to her husband for loss of consortium. Harris and the other defendants appealed, arguing the general damages, lost-wage awards, and consortium award were all excessive.
Whether an appellate court will disturb a trial court's judgment on a personal-injury damage award if the evidence is appropriate for the effects of the particular injury to the particular plaintiff under the particular circumstances.