David C. Pellegrin
New Orleans Court Affirms Verdict in Case of Bicyclist Injured in French Quarter
In the recently released decision of Antippas v. Nola Hotel Group, LLC, Docket No. 2017-CA-0798 the Louisiana Fourth Circuit Court of Appeal affirmed a New Orleans district court’s decision to award $105,000 in damages to a bicyclist injured when a hotel valet opened a car door in front of her in the French Quarter on Burgundy Street.
The jury found the bicyclist to be thirty percent at fault for the accident, and the trial judge therefore reduced the jury’s award of $150,000 in special and general damages to $105,000 in keeping with the jury’s apportionment of fault. Both parties challenged the jury’s verdict on appeal, with counsel for the valet and the hotel arguing that the jury’s award for future medical expenses was excessive. The plaintiff argued that the jury’s $35,000 award of general damages was woefully inadequate considering the effect the accident had on her life. Also, the plaintiff argued there was no basis for finding her thirty percent at fault.
Ultimately, the court of appeal found there was a reasonable basis for all of the jury’s findings as to liability and damages.