McGinty v. Pesson

Summary

McGinty v. Pesson, 85 So.2d 541 (3rd Circuit) , LA ,   1996,   Report Type: N/A

Appellate Panel :

N/A

Trial Type :

jury

Trial Judge :

N/A

Trial Court :

15th Judicial District (Lafayette)

Plaintiff's Lawyer :

N/A

Defendant's Lawyer :

N/A

Injuries

fractured ankle; surgery; ankle fusion

Tissue :

hard Tissue

Did Plaintiff Have Surgery? :

yes

Treatment Length :

> 12 Months

Pre-existing Conditions :

hard Tissue

Award change on appeal:

unchanged

Damages

General Damages :

$75,000

Past Medicals :

$3,559

Future Medicals :

$0

Past wages :

$0

Future wages :

$0

Loss of Consortium :

$0

Other Damages :

$0

Total :

$78,559

Case Details

Suit Reason :

Woman involved in a slip and fall accident sustaining injuries of a medial malleolus and crushed talus in her left foot. Four days later, an open reduction and internal fixation was performed on her left medial maliolis. Treatment included a posterior splint and orders to stay off of it for 6 months. Six weeks later, a cast was put on it for an additional 4 weeks. She suffered aseptic necrosis, loss of circulation and compression. A surgeon performed arthrodesis or fusion on the left ankle. She developed post-traumatic arthritis on the ankle and was diagnosed with 40% impairment of the ankle. 

Award Reason :

Jury awarded $75,000 in general damages and $3,559 in past medical. Appellate court agreed.