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Moody v. Blanchard Place Apartments

Louisiana Court of Appeal
793 So.2d 281 (2001)


Facts

Robert Moody (plaintiff) was cooking on the stove in an apartment he rented from Blanchard Place Apartments (Blanchard Place) (defendant) when a metal spoon came into contact with the stove and he suffered a serious electric shock. The strength of the current was so strong that it prevented Moody from immediately drawing away from the stove. When he finally did, Moody stumbled backwards and hit his head, neck, and back on the opposite kitchen wall. Moody’s two daughters, Leah Nicole and Lacy Brook (plaintiffs), witnessed the incident. Moody filed suit individually, and on behalf of his daughters, against Blanchard Place, its manager, Calhoun Property Management, Inc. (defendant), and their insurance carrier, Clarendon National Insurance Company (defendant). At trial, testimony was provided by both sides regarding the appropriate amount to be awarded for Moody’s lost past and future wages. Dr. Luvonia Casperson, an economist testifying for Moody, calculated Moody’s lost past wages to be $60,283 and lost fringe benefits to be $7,234. Further, Dr. Casperson estimated Moody’s lost future earnings to be $300,974. Using a different formula, Dr. Kenneth Boudreaux, an economist testifying for defendants, calculated Moody’s lost past wages to be $35,242 and lost future wages to be $27,012. After trial, the jury held for plaintiffs and awarded substantial damages to Moody and his daughters. A portion of the award included special damages in the amount of $60,000 for Moody’s lost past wages and $100,000 for his loss of future earnings. All parties appealed.

Rule of Law

Issue

Holding and Reasoning (Peatross, J.)

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