LeBourgeois v. Wendell

Summary

LeBourgeois v. Wendell, 618 So.2d 1130 (4th Circuit) , LA ,   1993,   Report Type: N/A

Appellate Panel :

N/A

Trial Type :

jury

Trial Judge :

N/A

Trial Court :

Civil District Court (Orleans)

Plaintiff's Lawyer :

N/A

Defendant's Lawyer :

N/A

Injuries

cervical fusion, pre-existing condition

Tissue :

hard Tissue

Did Plaintiff Have Surgery? :

yes

Treatment Length :

N/A

Pre-existing Conditions :

hard Tissue

Award change on appeal:

decreased

Damages

General Damages :

$50,000

Past Medicals :

$0

Future Medicals :

$0

Past wages :

$0

Future wages :

$0

Loss of Consortium :

$0

Other Damages :

$0

Total :

$50,000

Case Details

Suit Reason :

Employee filed an action against his employer following a rear-end collision that resulted in back injuries. The injuries sustained resulted in the plaintiff needing cervical fusion surgery.

Award Reason :

Jury found the opinions of the employer and its insurance experts outweighed the opinion of the employee's experts but still awarded the employee $50,000. The trial judge ruled the judgment was too low and granted a JNOV raising the award to $250,000. On appeal, the court reversed the trial court's judgment of the JNOV and reinstated the jury's verdict.