Guidry v. Greyhound Lines, Inc ( 2004 )

UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
____________________
No. 98-30361
Summary Calendar
____________________
KEVIN GUIDRY, individually and as administrator of the estate of
his minor child on behalf of Dustin James Guidry; MICHELLE GUIDRY
Plaintiffs-Appellants,
versus
GREYHOUND LINES, INC.; HUGHIE L. RAMSEY,
Defendants-Appellees.
_________________________________________________________________
Appeal from the United States District Court,
for the Western District of Louisiana
(96-CV-611)
November 16, 1998
Before KING, BARKSDALE, and STEWART, Circuit Judges.
PER CURIAM:*
Plaintiffs appeal the denial of their motion for a partial new
trial on the issue of damages, following a jury verdict in a
negligence action (vehicle accident) in which defendants stipulated
liability.
In response to special interrogatories, the jury awarded
plaintiff Kevin Guidry $62,285.33 for past medical expenses and
$94,263 for past and future loss of earnings, but only $10,000 for
general damages for pain and suffering. For loss of consortium,
the jury awarded $10,000 to plaintiff Dustin James Guidry, Kevin
*
Pursuant to 5TH CIR. R. 47.5, the Court has determined that
this opinion should not be published and is not precedent except
under the limited circumstances set forth in 5TH CIR. R. 47.5.4.
Guidry’s son, and nothing to plaintiff Michelle Guidry, Kevin
Guidry’s wife.
Plaintiffs contend that the jury’s award of special damages
required finding causation between the accident at issue and
certain of plaintiffs’ injuries, and that, in the light of this
finding, the jury’s awards for general damages and loss of
consortium are inconsistent. Accordingly, they claim that their
new trial motion should have been granted.
Of course, we review denials of motions for new trial for
abuse of discretion. E.g., Esposito v. Davis, 47 F.3d 164, 167
(5th Cir. 1995). The district court’s reconciliation of the jury’s
awards based on doubts regarding Kevin Guidry’s credibility and
candor regarding previous injuries appears proper. See Guidry et
al. v. Greyhound Lines, Inc., et al, No. 96-0611, slip op. at 5-8
(W.D. La. March 30, 1998). Accordingly, the court did not abuse
its discretion in denying a new trial.
AFFIRMED
2