State Farm Fire and Cas. Co. v. M.L.T. Construction Co.

Summary

State Farm Fire and Cas. Co. v. M.L.T. Construction Co., 849 So.2d 762 (4th Circuit) , LA ,   2002,   Report Type: N/A

Appellate Panel :

N/A

Trial Type :

judge

Trial Judge :

N/A

Trial Court :

Civil District Court (Orleans)

Plaintiff's Lawyer :

N/A

Defendant's Lawyer :

N/A

Injuries

non-symptomatic respiratory illness triggered by significant exposure to allergens at work place; exacerbated plaintiff's asthma

Tissue :

soft Tissue

Did Plaintiff Have Surgery? :

no

Treatment Length :

> 12 Months

Pre-existing Conditions :

soft Tissue

Award change on appeal:

unchanged

Damages

General Damages :

$25,000

Past Medicals :

$0

Future Medicals :

$0

Past wages :

$0

Future wages :

$0

Loss of Consortium :

$5,000

Other Damages :

$0

Total :

$30,000

Case Details

Suit Reason :

Female involved in an exposure to mold suit sustained injuries of an allergic reaction to mold, mildew and other allergens present in the building.

Award Reason :

Trial court awarded $25,000 in general damages, noting that evidence showed although he was never diagnosed with asthma prior to the accident he did have it. However, the exposure did exacerbate her disease and evidence was heard the woman smoked cigarettes during her illness due to stress. Woman's husband was awarded $5,000 in loss of consortium.