Duncan v. Kansas City Southern Rail Road Co.

Summary

Duncan v. Kansas City Southern Rail Road Co., 773 So.2d 670 (3rd Circuit) , LA ,   2000,   Report Type: N/A

Appellate Panel :

N/A

Trial Type :

jury

Trial Judge :

N/A

Trial Court :

N/A

Plaintiff's Lawyer :

N/A

Defendant's Lawyer :

N/A

Injuries

Mental anguish.

Tissue :

N/A

Did Plaintiff Have Surgery? :

n/a

Treatment Length :

N/A

Pre-existing Conditions :

N/A

Award change on appeal:

unchanged

Damages

General Damages :

$365,000

Past Medicals :

$8,417

Future Medicals :

$0

Past wages :

$0

Future wages :

$0

Loss of Consortium :

$0

Other Damages :

$0

Total :

$373,417

Case Details

Suit Reason :

Three girls were injured when a church van was struck by a rail road car. The eldest girl was killed, one child was left a quadriplegic, and the youngest girl received minor injuries. The girls' parents brought suit.

Award Reason :

The youngest girl showed signs of guilt that her injuries were less serious and required extensive counseling. The girl also exhibited signs of fear of riding in vehicles after the accident and still has trouble doing so.