NEW ORLEANS (Legal Newsline) - A Louisiana appeals court abused its discretion when it cut a jury verdict in a sexual assault case by 80%, the state Supreme Court ruled, citing evidence the mentally disabled child’s life was altered by the experience.
SD was a 10-year-old attending the Rock Solid Camp in Shreveport when a 14-year-old identified as DJ assaulted him in the bathroom. SD had a mild case of Cornelia de Lange Syndrome, which includes learning disabilities and microcephaly. At the time of the assault, DJ was on probation for a sexual assault in Texas and had more recently been accused of sexual assault at the Northwest Regional Mental Health Center, where he received counseling.
SD’s father sued the state, Rock Solid and DJ’s mother and after a four-day trial the jury awarded $1.25 million in damages, holding Louisiana liable for 65% of the verdict, Rock Solid for 30% and DJ’s mother for 5%. The court then cut Louisiana’s portion to $500,000 as required by statute, leaving Rock Solid liable for $375,000 and DJ’s mother for $62,500.
A five-member panel of the appeals court affirmed the judgment but reduced damages to $250,000, over the dissents of two judges. But the Louisiana Supreme Court reversed in a June 27 decision.
“Vast discretion is accorded to the trier of fact in fixing general damage awards,” the Supreme Court said. ‘The role of the appellate court in reviewing general damage awards is not to decide what it considers to be an appropriate award but rather to review the exercise of discretion by the trier of fact.”
In a footnote, the court observed that the Louisiana legislature demonstrated its faith in juries by reducing the threshold for civil jury trials to $10,000 from $50,000 in 2021.
The victim’s father, identified as CD, testified he was a single father of three since his wife abandoned the family. SD suffered a subsequent assault in his home when his stepbrother asked him to touch his genitals. CD said he spends twice as much time caring for SD as his other sons as a result of the assault at Rock Solid Camp. A psychologist said SD’s response to play therapy indicated he had “a lot of rage” while a psychiatrist said some of SD’s problems could be attributed to the Rock Solid assault.
“It is well-settled law that a tortfeasor takes his victim as he finds him,” the Supreme Court said, and as an eight-year-old with a genetic abnormality SD was particularly vulnerable. “Based on our review of the evidence, we find the court of appeal erred by substituting its own judgment for that of the jury.”