Jake Carmouche, et al. v. National Union Fire Insurance Company of Pittsburgh, PA, et al.

Summary

The Louisiana Court of Appeal, Third Circuit, reviews a jury verdict awarding damages to Jake and Katie Carmouche and their minor children after a cement truck rear-ended their vehicle, killing their daughter and injuring other family members. The defendants challenged the wrongful-death, bystander-trauma, and pain-and-suffering awards as excessive and sought judgment notwithstanding the verdict. The court affirmed in part and reversed in part, including reversing Jake Carmouche’s award for future mental pain and suffering because he was not involved in the crash.

Holdings

1. The $15 million wrongful-death award to Katie and the $5 million award to Jake did not constitute an abuse of the jury's discretion because, considering the particular facts and circumstances and comparable awards, they did not shock the conscience.
2. The $3 million bystander award to Jake and the $1 million bystander award to Katie were supported by the record and did not constitute an abuse of discretion.
3. Katie's awards for past and future mental pain and suffering and physical pain and suffering were distinct from her wrongful-death and bystander awards and were not abusively excessive.
4. Jake was not entitled to the $250,000 future pain-and-suffering award because he was not involved in the crash and did not sustain a physical injury compensable under that award category.

Questions Presented

1. Whether the jury abused its discretion by awarding Jake and Katie Carmouche $5 million and $15 million, respectively, for the wrongful death of Hayzel Carmouche.
2. Whether the jury abused its discretion by awarding Jake $3 million and Katie $1 million for mental anguish and emotional distress arising from witnessing Hayzel's injury and death.
3. Whether the jury abused its discretion by awarding Katie physical and mental pain-and-suffering damages in addition to wrongful-death and bystander damages, and by awarding Jake $250,000 for future pain and suffering despite his not being physically involved in the accident.

Disposition

reversed