Albert v. Farm Bureau Ins. Co.

Summary

Albert v. Farm Bureau Ins. Co., 916 So.2d 1238 (3rd Circuit) , LA ,   2005,   Report Type: N/A

Appellate Panel :

N/A

Trial Type :

judge

Trial Judge :

N/A

Trial Court :

15th Judicial District (Lafayette)

Plaintiff's Lawyer :

N/A

Defendant's Lawyer :

N/A

Injuries

3 knee surgeries; including major reconstructive knee surgery known as OATS procedure; residual pain

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 :

$150,000

Past Medicals :

$48,763

Future Medicals :

$0

Past wages :

$0

Future wages :

$0

Loss of Consortium :

$25,000

Other Damages :

$8,909

Total :

$232,672

Case Details

Suit Reason :

Man police officer involved in a accident caused by another police officer sustained injuries of cartilage damage and traumatic chondromalacia to the left knee. He had 3 surgeries including major reconstructive knee surgery known as OATS. He continues to have pain and swelling in the knee and increase with the weather change. 

Award Reason :

Trial court found the defendant not liable for the injuries. Appellate court reversed and awarded $150,000 in general damages noting the number and nature of the surgical procedures required and the residual pain and discomfort. Past medical expenses were $48,763 and $8,909 in past lost wages. The man's wife was awarded $25,000 in loss of consortium damages.