Harbert L. Irvine and Winnie M. Irvine VS Lloyd E. Camp, Monroe Street Baptist Church and ABC Insurance Company
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NOT DESIGNATED FOR PUBLICATION STATE OF LOUISIANA COURT OF APPEAL FIRST CIRCUIT 2008 CA 2284 HARBERT L IRVINE AND WINNIE M IRVINE VERSUS LLOYD E CAMP MONROE STREET BAPTIST CHURCH AND ABC INSURANCE COMPANY Judgment Rendered JUN 1 7 2009 APPEALED FROM THE TWENTY SECOND JUDICIAL DISTRICT COURT IN AND FOR THE PARISH OF WASHINGTON STATE OF LOUISIANA DOCKET NUMBER 87084 DIVISION C THE HONORABLE PATRICIA T HEDGES JUDGE Raymond C Burkart Jf Attorneys for Plaintiffs Appellants Katherine O Burkart Harbert L Irvine and Covington Louisiana Winnie M Irvine James M Benson Attorneys for Defendants Appellees Lloyd E Camp Monroe Street Baptist Church and GuideOne Mutual Insurance Company Michael J Tarleton Rhonda J Thomas Metairie Louisiana BEFORE PETTIGREW McDONALD HUGHES JJ McDONALD J Harbert L Irvine and Winnie M pastor of their church Lloyd E ABC Insurance incident following an years old was a summoned the fire Camp Mr by Mr pushed that she struck him good Irvine Mr a trial was injuries were damages as across on came caused 75 into suffering and zero amount for loss of 75 the flower Camp began in the doorway of hallway into the other wall 25 a motion for were at the church contact by Mf Camp enjoyment of life for jury found that to including fire a with Mrs Irvine and The new jury awarded zero for future total of for pain 44 000 00 in Mr Irvine did not suffer judgment notwithstanding the trial 2 a zero s his wife motion for a one from Mrs Irvine Mf past pain and suffering fault The Mr and Mrs Irvine filed testimony of 20 000 00 for past medical bills injuries for Further the jury found that Mrs Irvine contact any loss of consortium from the a room with hef Camp made physical 24 000 00 for damages reduced by her and additur and to was protect contact by her and Irvine in the future medical bills the standing 64 yelling the merits which included injured from this to Mrs was She the flower Irvine and Mr she injured was Mrs Irvine Camp to open and and that he had raised his hands to his eyes marshal the jury found that Mr and Mrs Camp and several witnesses who that she Irvine Church backed him into his office while aggressively near eye when his hands After Mrs recently changed the locks violently her Baptist Camp who has diabetic retinopathy and limited vision in eye testified that Mrs Irvine his Camp and instructed Mr and Mrs Irvine had office he s damages against the and flower arranger for the church organist kept the only keys themselves causing injury at him liability insurer after Mrs Irvine asserted in her suit that arguing Mr the church Monroe Street the church between her and Mr volunteer inspectof and room to at Camp the its Company Irvine filed suit for and for verdict expert witness fees and assessment of motion for new costs in the costs trial The motion for judgment both denied were 12 805 63 amount to The trial court be the verdict and the notwithstanding paid by granted the Camp and the Mr assessment of Monroe Street Baptist Church Mr and Mrs Irvine erred in apportioning erred in failing to erred in failing to are appealing award Mrs Irvine the full reasonably medical expenses future to judgment asserting that of the fault to Mrs Irvine and 75 and amount only The to award Mrs Irvine any After testimony to a at one asserts that the review of the evidence of we error amount find no number of Mrs Irvine manifest error two asserts s in its assessment was damages awarded 25 at fault for the all of the witness including in that determination of fault that the jury erred in failing a A to thorough review in the altercation she also injured preexisting injuries and she suffered injuries in say that the Camp past medical expenses of the evidence shows that while Mrs Irvine manifestly to alternatively the or jury erred fault for the incident and Mf thorough the incident Assignment We cannot in jury listened to the testimony of numerous witnesses and ultimately incident had damages for future trial found Mrs Irvine 75 award the full Camp damages for loss of consortium and erred in failing Assignment of error number of fault to Mf of her past medical expenses grant the motion for judgment notwithstanding the verdict a new 25 pain and suffering and loss of enjoyment of life erred award Mr Irvine motion for the trial court adequately compensate Mrs Irvine for her past pain and suffering erred in failing failing the later fall 20 000 00 were at Home so low as Depot to be erroneous Assignment of error number three asserts that the compensate Mrs Irvine for past pain and suffering 3 The jury failed to adequately jury awarded Mrs Irvine 24 000 00 for that the jury of error Irvine any number four in jury manifestly erred expenses future pain Assignment of award Mf Irvine any and error However we to a jury new Irvine some case We find judgment notwithstanding Thus for the review of the record award damages assessed pain we to and cannot for future medical asserts that the jury There erred in was injuries were testimony to in the the result of this incident we amend the judgment to award Mf Irvine subject to previous allocation of fault error asserts that the trial court erred in no error in the trial court s or reasons we as amend the failing to alternatively the denial of the motion for the verdict and denial of the motion for foregoing failing support the claim for loss of consortium to 5 000 00 for loss of consortium and are future failing loss of consortium should be awarded under the Thus assignment of trial erred in expenses grant the motion for judgment notwithstanding the verdict motion for cannot say past pain and suffering that the for loss of consortium 5 000 00 for loss of consortium The sixth declining find that all of her do find that circumstances of this After number five amount not asserts we suffering and loss of enjoyment of life record from Mr and Mrs Again the jury did review of the record damages for future medical suffering and loss of enjoyment of life say the a 24 000 00 for manifestly erred in awarding Assignment award Mrs After past pain and suffering judgment to new trial award Mr Irvine amended the judgment is affirmed Costs against Mr Camp and the Monroe Street Baptist Church This opinion is issued in compliance with the Uniform Rules Courts of Appeal Rule 2 16 1 B AMENDED AND AFFIRMED 4
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