Hollenbeck v. Oceaneering Intern., Inc.

Summary

Hollenbeck v. Oceaneering Intern., Inc., 685 So.2d 163 (1st Circuit) , LA ,   1996,   Report Type: N/A

Appellate Panel :

N/A

Trial Type :

judge

Trial Judge :

N/A

Trial Court :

16th Judicial District (St. Mary)

Plaintiff's Lawyer :

N/A

Defendant's Lawyer :

N/A

Injuries

laminectomy; discectomy at L4-5; vast lifestyle changes; desiccation or loss of hydration at L5-S1; ruptured disc; bulging disc

Tissue :

soft Tissue

Did Plaintiff Have Surgery? :

yes

Treatment Length :

> 12 Months

Pre-existing Conditions :

soft Tissue

Award change on appeal:

increased

Damages

General Damages :

$350,000

Past Medicals :

$2,369

Future Medicals :

$47,000

Past wages :

$0

Future wages :

$0

Loss of Consortium :

$0

Other Damages :

$521,323

Total :

$920,692

Case Details

Suit Reason :

Young male, 26 years old, involved in a slip and fall down a staircase sustained injuries of the lumbar back. MRI diagnosed L4-5 herniated disc, desiccation or loss of hydration at L5-S1. Neurologist suggested a lumbar myelogram after unsuccessful physical therapy. The lumbar myelogram and post myelographic CT scan revealed a ruptured L4-5 disc and L5-S1 bulging disc and doctor suggested surgery. Man saw a second surgeon which performed a laminectomy and discectomy on L4-5 which repaired the dura and removed scar tissue. Doctor stated at trial that young man was at the max of his improvement and diagnosed him 25% permanent physical disability with restricted activity. He included the young man will continue to have pain through out his life.

Award Reason :

Trial court awarded $350,000 in general damages broken down as followed: $125,000 past mental and physical pain and suffering, $125,000 future mental and physical pain and suffering, $100,000 permanent physical impairment, loss of enjoyment of life including loss of ability to pursue chosen career, $2,369 past medical expenses, $47,000 future medical expenses, $32,100 past lost wages, $489,223 future lost wages. Appellate court agreed with the supplemental judgment of the loss and found and awarded $43,200.