suffering under these particular circumstances is “beyond that which a reasonable trier of fact could assess” based on Echeverry’s injuries. See Youn, 623 So. 2d at 1261.
We also assess the future-pain-and-suffering award under the maximum-recovery rule to determine whether it is excessive under that rule. This analysis will also serve as the second step under Louisiana law—determining the highest reasonable award. The district court, in applying the maximum-recovery rule, relied on the damages award in an unpublished decision that was later vacated and remanded for a new trial on damages for allowing irrelevant and prejudicial evidence. See Naquin v. Elevating Boats, LLC, No. 10-4320, 2012 WL 5618503 (E.D. La. Nov. 15, 2012), aff’d in part, vacated in part, remanded sub nom. Naquin v. Elevating Boats, L.L.C., 744 F.3d 927 (5th Cir. 2014). This court has declined to rely on unpublished opinions for the maximum-recovery rule. Lebron v. United States, 279 F.3d 321, 326 (5th Cir. 2002). Naquin is thus not a good comparison for the maximum-recovery rule, even before considering the factual differences between that case and Echeverry’s.
Several published Louisiana cases provide insight. We acknowledge that inflation will affect comparison of the monetary amounts. In one case, the plaintiff’s injuries included a “comminuted fracture with medial dislocation of the right talus (ankle joint), a comminuted fracture of the medial malleolus of the right ankle, and a chip fracture of the medial aspect of the lateral malleolus of the right ankle.” Black v. Ebasco Servs., Inc., 411 So. 2d 1159, 1161 (La. Ct. App. 1982). He had surgery on his ankle to insert two metal screws and two pins. Id. He was still under medical treatment at the time of trial and neither the screws nor pins had been removed. Id. at 1161. The trial judge there did not itemize the damages but awarded $167,000 for pain and suffering, future medical expenses, and loss of past and future wages, plus $3,922.53 for medical expenses. Id. at 1161, 1164. Finding
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