Duncan v. Kansas City Southern Railway

773 So. 2d 670 (La. 2000)

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Nature of the Case

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Facts

A church van and a locomotive collided. One of the occupants of the van was killed, another rendered a quadriplegic, and the third suffered less serious injuries. They were all sisters of each other. Ps are the parents of the three passengers, and they sued for damages. The jury found the driver of the van and the railroad liable for the accident. Ps were awarded damages totally $27,876,813.31 which included future medical expenses of $17,000,000 and general damages for physical pain and suffering, mental anguish and loss of enjoyment of life in the amount of $8,000,000. This appeal resulted. The last issues discussed was whether the jury’s award of damages was so excessive as to be set aside. Ds disputed the fact that P kept bringing Rachel Duncan in and out of the courtroom during the trial and the sympathy for the quadriplegic child resulted in the general damage award of $8,000,000 and the $17,000,000 for future medical care. D contends that these awards are grossly excessive and not supported by the evidence.