Deborah Louise Morell, Wife of/and Wilbert J. Morell, III, Individually and As Administrators of Their Minor Daughter, Carina Elysia Morell VS Holger E. Schuster, Individually and On Behalf of His Minor Son, Andrew J. Schuster; Great American Insurance/Worldwide Insurance Group, as Liability Insurer of Holger E. Schuster; and Liberty Mutual Fire Insurance Company, as Uninsured/Underinsured Motor
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NOT DESIGNATED FOR PUBLICATION STATE OF LOUISIANA COURT OF APPEAL FIRST CIRCUIT NO 2007 CA 2412 DEBORAH LOUISE MORELL WIFE OFIAND WILBERT J MORELL III INDIVIDUALLY AND AS ADMINISTRATORS OF THEIR MINOR DAUGHTER CARINA ELYSIA MORELL VERSUS SCHUSTER INDIVIDUALLY AND ON BEHALF OF HIS MINOR SON ANDREW J SCHUSTER GREAT AMERICAN HOLGER E INSURANCE WORLDWIDE INSURANCE GROUP as liability insurer of HOLGER E SCHUSTER AND LIBERTY MUTUAL FIRE INSURANCE COMPANY as uninsuredunderinsured motorist insurer and medical payments carrier of petitioners Judgment Rendered May 2 2008 On Appeal from the 22nd Judicial District Court In and for the Parish ofSt Tammany State of Louisiana Trial Court No 2004 10845 Honorable Reginald T Badeaux III Judge Presiding G Brice Jones Attorney for PlaintiffslAppellees Slidell LA Deborah Louise Morell wife ofland Wilbert J Morell III as Administrators of their minor daughter Carina Elysia Morell Kevin T Attorney for Defendant Appellant Liberty Mutual Fire Insurance Company as uninsuredlunderinsured Phayer Metairie LA motorist insurer and medical payments carrier of petitioners BEFORE CB l e Cj CARTER to t It q J C PETT GREW AND WELCH n U1 l t k I e Rsv d 1Q s It L CARTER C J This suit from anses Carina Morell passenger injuries resulting from testimony 30 a Morell and suffered of Carina Prior Liberty Mutual Fire to during which injuries vehicle motor previous a trial attributed 70 at end collision minor a the second accident to rear injuries s trial all Insurance to guest that exacerbated accident Medical the first accident and other than Carina parties Group the Liberty Mutual her parents uninsuredlunderinsured motorist UM insurance carrier settled Carina received the tortfeasor result of the settlement a insurance limits of 50 000 damages with a policy the issue of 50 000 exceed issued written Morell and The trial reasons for The matter that Carina stipulation court took the judgment and against the UM carrier for proceeded matter s to a s As underlying bench trial damages did on not under advisement then judgment in favor of Carina a plus interest from the date 44 047 65 of judicial demand Liberty Mutual filed failed to offset the received from the amount motion for a of damages by the 50 000 credit and again rendered against Liberty Mutual for Liberty Mutual going beyond the to reflect a judgment 44 047 65 now scope of its s amount court granted in favor of Carina Morell and plus interest from the date of judicial appeals contending the damages 2 plaintiff the motion trial court erred in request for reduction of the judgment of general court general damages applied the credit for the settlement with the increasing the contending the trial 50 000 settlement underlying tortfeasor The trial reconsidered its determination of Carina demand trial new amount underlying tortfeasor and in Liberty Mutual asked for and We find damages the motion for trial by court the new Liberty Mutual new trial this accident resulting a new s on court s insurer the issue of court We find this s decision to grant was amounts paid well within the damages motion for attributable to Considering the particular injuries 94 047 65 say that the trial court abused its discretion in particular plaintiff we awarding damages foregoing the judgment appealed from is affirmed in accordance with URCA Rule 2 l6 1 B Liberty Mutual Fire the issue of damages After granting the from this accident and their effects upon this the s on complaint however is that the found that Carina Morell amount to Considering trial damages before applying the credit for underlying tortfeasor trial the trial cannot trial recalculated bounds of a granted abuse of discretion in the trial no new was Insurance Company AFFIRMED 3 Costs of this appeal are assessed to
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