Duchamp v. State Farm Mut. Auto. Ins. Co.

Summary

Duchamp v. State Farm Mut. Auto. Ins. Co., 916 So.2d 498 (3rd Circuit) , LA ,   2005,   Report Type: N/A

Appellate Panel :

N/A

Trial Type :

judge

Trial Judge :

N/A

Trial Court :

14th Judicial District

Plaintiff's Lawyer :

N/A

Defendant's Lawyer :

N/A

Injuries

Herniated disc; numbness in the fingers; tingling sensations; large knot on back; sharp neck pain

Tissue :

soft Tissue

Did Plaintiff Have Surgery? :

no

Treatment Length :

6-12 Months

Pre-existing Conditions :

soft Tissue

Award change on appeal:

increased

Damages

General Damages :

$35,000

Past Medicals :

$25,000

Future Medicals :

$85,000

Past wages :

$0

Future wages :

$0

Loss of Consortium :

$7,500

Other Damages :

$100,000

Total :

$252,500

Case Details

Suit Reason :

Man was rear-ended and treated for a herniated disc. Conservative treatment and therapy did help temporarily but six months later, the effects wore off and the plaintiff experienced numbness in his fingers, tingling sensations, a large knot in his back and sharp pains in his neck. Physicians predicted he would likely experience pain well into the future and would need injections throughout the year for on a yearly basis.

Award Reason :

Jury awarded $35,000 in general damages, $25,000 in past medicals, $85,000 in future medicals, and $7,500 for the spouse’s loss of consortium. The trial court granted a JNOV for an additional $100,000 for future pain and suffering.