MICHAEL WESLEY MIRANDY AND HIS WIFE SHERRY D. MIRANDY Vs. GARY WATERS, JR., HIS EMPLOYER, VARIETY WHOLESALE INC., AND THEIR INSURER NORTH CAROLINA INSURANCE

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MICHAEL WESLEY MIRANDY AND HIS WIFE SHERRY D. MIRANDY * NO. 2017-CA-0011 * COURT OF APPEAL VERSUS * FOURTH CIRCUIT GARY WATERS, JR., HIS EMPLOYER, VARIETY WHOLESALE INC., AND THEIR INSURER NORTH CAROLINA INSURANCE * STATE OF LOUISIANA * * ******* LEDET, J., CONCURS WITH REASONS Although I agree with the majority’s finding of legal error regarding the jury instructions, I concur in the majority’s award of a lump sum damage award of $2,500. A comparison of Mr. Mirandy’s MRIs from before and after the accident does not support a finding of an aggravation of his preexisting injuries. Nonetheless, based on the testimony of the treating physician, Dr. Chad Domangue, I would find that the record supports a slight exacerbation of Mr. Mirandy’s preexisting injuries. For this reason, I concur in the majority’s decision to award $2,500 in damages. 1

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