INDReporter

Appeals court: Jury award was ‘abusively low'

by Walter Pierce

The Third Circuit Court of Appeal has increased a car-accident victim's award in three areas by almost four-fold. Decrying a Lafayette Parish civil jury's February 2009 decision in a personal injury case, the Third Circuit Court of Appeal has increased a car-accident victim's award in three areas by almost four-fold.

The case involves Calogera Raimondo, an office worker who was rear-ended on Evangeline Thruway in September 2007, suffering disc injuries to her back which, according to the appeals court, will cause "chronic pain for the remainder of her life." A year ago a jury awarded Raimondo $7,000 for pain and suffering, $500 for loss of enjoyment of life, $10,000 for physical injury or disability suffered, $9,055.46 in past medical expenses, and $14,640 in future medical expenses, for a total of $41,195.46.

Raimondo appealed the jury's award, and the Third Circuit judges agreed, calling the award "abusively low" and increasing Raimondo's awards for pain and suffering, enjoyment of life and disability suffered from $17,500 to $65,000. The higher figure represents "the lowest amount within the discretion afforded to the jury."

Read the full Third Circuit opinion here.