We all make mistakes, and, if lucky, are presented with the opportunity to fix them. The same principle can be said for an error in a money damage determination. When a party to a lawsuit believes that the jury or trial court erred in its damage award decision, the party has the ability to appeal. A recent court case out of the Second Circuit Court of Appeal for Louisiana discusses the requirements that are needed to overturn a money damage determination.
The case involves a car accident involving Holly Swayze. Ms. Swayze suffered multiple injuries from the accident and accumulated a sizable amount of medical bills. As a result of the injuries and medical bills, Ms. Swayze filed a lawsuit. At trial, Ms. Swayze testified that prior to the accident she lived without physical limitations. But after the accident, she started experiencing neck and back pain. To alleviate her pain, Ms. Swayze tried self-help and physical therapy, but those treatments only mitigated, not solved, her pain problem. This attempt to alleviate her pain cost Ms. Swayze $12,700.04 in medical bills.
Ms. Swayze’s primary physician, Dr. Coleman, also testified at trial. Dr. Coleman testified that he had been treating Ms. Swayze for ten to twelve years and had no records of her complaining about neck and back pain. He also recalled that Ms. Swayze complained of numbness in her right arm after the accident. Dr. Coleman also testified that Ms. Swayze did suffer from a genetic bone disease and that Ms. Swayze took medication for this condition. Dr. Coleman further explained that those who suffer from this condition normally do not experience any symptoms until they endure an aggravating injury.