RICHMAN v. TRAVELERS INDEMNITY COMPANY (2022)

Writ application granted in part. See per curiam.

Writ granted in part. The trial court erred in granting plaintiff's judgment notwithstanding the verdict (“JNOV”) and awarding an additional $250,000.00 in past non-economic damages and $100,000.00 in loss of enjoyment of life. As a “general proposition,” a disparity between a jury's award of special and general damages “may be illogical or inconsistent.” See Wainwright v. Fontenot, 00-0492, p. 8 (La. 10/17/00), 774 So.2d 70, 76 (emphasis added). However, “a jury, in the exercise of its discretion as factfinder, can reasonably reach the conclusion that a plaintiff has proven his entitlements to recovery of certain medical costs, yet failed to prove that he endured compensable pain and suffering as a result of defendant's fault.” Id.; Joseph v. Broussard Rice Mill, Inc., 00-0628, p. 5 (La. 10/30/00), 772 So.2d 94, 99 (the rigorous JNOV standard is based on the principle that when there is a jury, the jury is the trier of fact). We find the facts and inferences are not so overwhelmingly in favor of the plaintiff that a reasonable jury could not have awarded $50,000.00 in past non-economic damages. See Joseph, 00-0628, pp. 4-5, 772 So.2d at 99. Accordingly, the lower courts are reversed in part and the jury's award of $50,000.00 in past non-economic damages is reinstated. In all other respects, the writ is denied.

REVERSED IN PART; JURY AWARD REINSTATED

Hughes, J., dissents. Crichton, J., would grant and docket.