THE ESTATE OF JOHN FRANCIS CRISTADORO, THROUGH ITS REPRESENTATIVE, REBECCA JONES, AND JOHN HAROLD CRISTADORO, IN HIS INDIVIDUAL CAPACITY, AND AS THE TUTOR OF HIS MINOR BROTHER, BRANDON MICHAEL CRISTADORO Vs. GOLD KIST, INC. AND JAMES DUANE WEAVER
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THE ESTATE OF JOHN FRANCIS CRISTADORO, THROUGH ITS REPRESENTATIVE, REBECCA JONES, AND JOHN HAROLD CRISTADORO, IN HIS INDIVIDUAL CAPACITY, AND AS THE TUTOR OF HIS MINOR BROTHER, BRANDON MICHAEL CRISTADORO * NO. 2001-CA-0026 * COURT OF APPEAL * FOURTH CIRCUIT * STATE OF LOUISIANA * * ******* VERSUS GOLD KIST, INC. AND JAMES DUANE WEAVER APPEAL FROM CIVIL DISTRICT COURT, ORLEANS PARISH NO. 98-3954, DIVISION “G-11” Honorable Robin M. Giarrusso, Judge ****** Judge Miriam G. Waltzer ****** (Court composed of Chief Judge William H. Byrnes III, Judge Joan Bernard Armstrong, Judge Miriam G. Waltzer, Judge Patricia Rivet Murray, Judge Dennis R. Bagneris, Sr.) (ON APPLICATION FOR REHEARING) MURRAY, J., CONCURS WITH REASONS BAGNERIS, J., DISSENTS WITH REASONS Jeremiah A. Sprague Timothy J. Falcon FALCON LAW FIRM 5044 Lapalco Boulevard Marrero, LA 70072 -andHarry T. Lemmon Suite 2335 Poydras Center 650 Poydras Street New Orleans, LA 70130 COUNSEL FOR PLAINTIFFS/APPELLEES Robert E. Kerrigan, Jr. Isaac H. Ryan DEUTSCH, KERRIGAN & STILES 755 Magazine Street New Orleans, LA 70130 COUNSEL FOR DEFENDANT/APPELLANT ON REHEARING GRANTED: JUDGMENT OF TRIAL COURT REVERSED; JUDGMENT RENDERED IN THE AMOUNT OF $1,084,205. We grant rehearing in order to clarify the Court’s opinion in this case. In this case, the only issue for the trier of fact was the amount of damages sustained by plaintiffs as a result of the death of John Francis Cristadoro. For the reasons set forth in our original opinion’s “Statement of Facts: Damages”, we conclude that the trier of fact was manifestly erroneous and clearly wrong as to the special damages and abused its great, even vast discretion in its award of general damages, having awarded a total of $2,500,000. We find, for the reasons set forth in our original opinion’s “De novo Review” that the highest amounts that a reasonable trier of fact could award to these plaintiffs for these specific injuries are $334,205 total economic loss, including $18,116 future loss to Brandon Cristadoro through the age of twenty-one; and $750,000 for the decedent’s own loss of the companionship of his children and the intangible elements of his own life, for a total award to plaintiffs of $1,102,321.00. CONCLUSION AND DECREE: ON REHEARING GRANTED: JUDGMENT OF TRIAL COURT REVERSED; JUDGMENT RENDERED IN THE AMOUNT OF $1,084,205.
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