SHREVEPORT, La. (Legal Newsline) – A Louisiana couple have received a boost from an appeals court, with a jury verdict fought by State Farm being affirmed and increased by $34,000.
The Second Circuit Court of Appeal ruled for Sushma and Deelip Kshirsagar on July 23. Sushma required 28 stitches and has developed a fear of dogs and exercising outside since a 2015 attack during a walk in her neighborhood.
A mixed-breed dog broke free from its owner and bit her on the hip and leg multiple times. She received 28 stitches, went on bedrest for seven days and later found out she tore her Achilles tendon.
A jury awarded about $15,000 for past medical expenses, $10,000 for past and future pain and suffering, $5,000 for past and future emotional distress and $1,000 for loss of enjoyment of life for a total of $31,172.55.
Notably, the jury awarded nothing for future medical and expenses and nothing for Deelip’s loss of consortium claim. On appeal, the court added $5,000 on the loss of consortium claim.
“(W)e find that the record was sufficient to establish that the dog attack affected Sushma’s ability to perform typical household duties and yard work, which necessitated Deelip performing those duties,” Judge Felicia Toney Williams wrote.
“The evidence also established that the injuries and resulting pain had a negative impact on the couple’s sexual relationship.”
The general damages award – pain and suffering, emotional distress and loss of enjoyment of life – of $16,000 wasn’t enough, the court ruled. Sushma sought at least $75,000, and the appeals court went as far as $45,000.
Two doctors described her pain as chronic and unlikely to improve.
“Sushma testified that she experienced severe pain and anxiety at the time of the attack. She also testified that she continues to experience pain and swelling, particularly when attempting to perform certain activities,” the decision says.
“She also experiences anxiety about being outdoors and when her children are outdoors. Deelip testified that Sushma was no longer able to do many of the things she enjoyed doing in the past. He stated that she was unable to attend to her garden, cook large meals and entertain family and friends without experiencing pain.”