that the district court abused its discretion by awarding an insufficient sum, the Louisiana court of appeal concluded that a reasonable award for past and future pain and suffering would be $40,000. Id. at 1164. Considering that and reasonable damages for other damage categories, the court raised the total award to $249,922.53. Id. at 1165.
In another case, the plaintiff suffered a trimalleolar fracture of her right ankle. Hebert v. Veterans Veterinary Hosp., Inc., 694 So. 2d 993, 996 (La. Ct. App. 1997). Her bones were fused in surgery with screws and plates, and a second surgery was performed to remove the screws and plates. Id. She had scarring and arthritis in her ankle, the possibility of future surgery, and nonsurgical medical treatment for the rest of her life. Id. The jury awarded her $165,000 for past and future pain and suffering, disability, and scarring. Id. Her life expectancy at the time of trial was 17.9 years. Id. The Louisiana appellate court held that “the award is on the high side” but did not hold that it was an abuse of discretion. Id. at 997. Even accounting for inflation, the difference in life expectancies between Echeverry and the plaintiff in Hebert, and the 50% enhancement, the award on the “high side” there shows how excessive Echeverry’s million-dollar award is.
Finally, in another Louisiana case the plaintiff sustained what the opinion called a fractured dislocation of her ankle, requiring two surgeries. Kennedy v. Columbus Am. Props., L.L.C., 751 So. 2d 369, 370 (La. Ct. App. 2000). The evidence at trial suggested that she might require more surgery in the future. Id. at 374. She had scarring from the surgeries, and she had led an active lifestyle prior to the accident. Id. She also had degenerative arthritis. Id. The jury awarded her $220,000 in general damages. Id. at 370. The Louisiana court of appeal noted that “$220,000 seems to be at the high end of the range,” but ultimately held the judgment reasonable. Id. at 374.
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