Barsavage v. State DOTD

Summary

Barsavage v. State DOTD, 686 So.2d 957 (1st Circuit) , LA ,   1996,   Report Type: N/A

Appellate Panel :

N/A

Trial Type :

judge

Trial Judge :

N/A

Trial Court :

18th Judicial District (Iberville)

Plaintiff's Lawyer :

N/A

Defendant's Lawyer :

N/A

Injuries

L4-5 disc herniation; surgery recommended; fractured coccyx; sacrum injuries; ligament sprains;

Tissue :

soft Tissue

Did Plaintiff Have Surgery? :

no

Treatment Length :

N/A

Pre-existing Conditions :

soft Tissue

Award change on appeal:

decreased

Damages

General Damages :

$12,500

Past Medicals :

$65,000

Future Medicals :

$0

Past wages :

$0

Future wages :

$0

Loss of Consortium :

$0

Other Damages :

$29,940

Total :

$107,440

Case Details

Suit Reason :

Woman involved in car accident sustained injuries of the low back and coccyx. MRI diagnosed L4-5 disc herniation. CAT scan and x-rays diagnosed injuries of the sacrum and cervical vertebrae as well as muscle and ligament sprains of the low back and fractured coccyx. Doctor noted woman reported two additional accidents after this one which aggravated original injuries and doctor recommended disc surgery. Orthopedic surgeon diagnosed woman with disc herniation at L4-5 and stated woman needed surgery. Woman did not show up for surgery.

Award Reason :

Trial court awarded $75,000 in physical pain and suffering, $25,000 in mental damages, $239,524 in past and future lost wages and $30,000 in future surgery. Trial court noted woman failed to show proof of mental anguish damages because she refused surgery and did not attend vocational counseling, rehabilitation training or physical therapy. Appellate court decreased mental damages to $12,500, $29,940 past and future lost wages and $65,000 in past and future medical, there was no award for future surgery.