Roger v. Winn-Dixie of La., Inc.

Summary

Roger v. Winn-Dixie of La., Inc., 591 So.2d 1382 (4th Circuit) , LA ,   1991,   Report Type: N/A

Appellate Panel :

N/A

Trial Type :

judge

Trial Judge :

N/A

Trial Court :

34th Judicial District

Plaintiff's Lawyer :

N/A

Defendant's Lawyer :

N/A

Injuries

cervical neurotomy surgery, residual pain

Tissue :

hard Tissue

Did Plaintiff Have Surgery? :

yes

Treatment Length :

N/A

Pre-existing Conditions :

hard Tissue

Award change on appeal:

unchanged

Damages

General Damages :

$50,000

Past Medicals :

$0

Future Medicals :

$0

Past wages :

$0

Future wages :

$0

Loss of Consortium :

$0

Other Damages :

$25,000

Total :

$75,000

Case Details

Suit Reason :

Plaintiff, a truck driver, and a tractor-trailer were involved in an intersectional collision where each claimed to have the right of way. The plaintiff required cervical neurotomy surgery and a rating of 10-20% residual pain and will need rehabilitation therapy.

Award Reason :

The trial court entered judgment that each driver was 50% comparatively negligent based on comparing the evidence. General damages were awarded of $50,000 and the plaintiff received $25,000 for the loss of future earnings.