Opinion
No. 05-756.
February 1, 2006. Rehearing Denied March 22, 2006.
Appeal from the Seventh Judicial District Court, Parish Of Concordia, Nos. 36263 And 36348, Honorable Leo Boothe, District Judge.
Antonio Marcell Clayton, Dennis Coleman Weber, Attorneys at Law, Port Allen, Louisiana, for Plaintiff/Appellee, Wanda Baker Smith.
Neil D. Sweeney, Sweeney Miller, Baton Rouge, Louisiana, for Plaintiffs/Appellants/Appellees, Allen Whitehead, Paula Whitehead Brazil, James Whitehead, Brenda Whitehead, and Eddie Whitehead.
Stacy Christopher Auzenne, Auzenne Law Firm, L.L.C., Randall Brian Keiser, Keiser Law Firm, L.L.C., Alexandria, Louisiana, for Defendants/Appellants, Terrance A. Williams, and Town of Ferriday.
Lisa Coleman Lee, Attorney for Department of Health Hospitals, Baton Rouge, Louisiana, for Intervenor, State of Louisiana, Department of Health Hospitals.
Court composed of MARC T. AMY, MICHAEL G. SULLIVAN, and BILLY HOWARD EZELL, Judges.
For the reasons discussed in the companion case in this consolidated matter, Smith v. The Municipality of Ferriday, 05-755 (La.App. 3 Cir. 2/1/06), 922 So.2d 1222, the trial court's assessment of fault is reversed and fault is assessed 100% to Defendants; the judgment is amended to provide that Defendants are solidarily liable to the Whiteheads; the general damage award of $600,000.00 to Ms. Smith is affirmed; the award of future medical expenses in favor of Ms. Smith is reversed; the wrongful death damages in favor of Mr. Whitehead's children are amended to $25,000.00 per child; the failure to make a separate award for funeral expenses is affirmed and the refusals to award survival damages and to admit polygraph examination results are affirmed. All costs are assessed to Defendants.