Green v. K-Mart Corp.

Summary

The Louisiana Supreme Court reviewed a personal-injury action arising from falling merchandise in a K-Mart store. The court upheld the finding that the accident caused the plaintiff's injuries and reinstated the jury's $1,000,000 award for future medical expenses, while affirming a $500,000 general-damages award. The case was affirmed in part, reversed in part, and remanded.

Holdings

1. The record contained a reasonable factual basis for the jury's finding that Green's injuries were causally related to the accident, and the court of appeal correctly affirmed that finding.
2. The court of appeal erred in increasing the future-medical-expense award; the jury was entitled to accept or reject expert testimony and to determine the amount of future care supported by the evidence. The jury's $1,000,000 award was reinstated.
3. The jury abused its discretion by awarding substantial past and future medical expenses for injuries caused by the accident while awarding no general damages. The court of appeal properly conducted de novo review and awarded $500,000 for pain, suffering, and loss of enjoyment of life.

Questions Presented

1. Whether the evidence supported the jury's finding that Green's physical and psychological injuries were causally related to the K-Mart accident.
2. Whether the court of appeal erred by increasing the jury's award for future medical expenses from $1,000,000 to $3,458,453.
3. Whether the jury abused its discretion by awarding substantial past and future medical expenses while awarding no general damages, and whether the court of appeal properly awarded $500,000 in general damages.

Disposition

reversed_and_remanded