Article Analysis

Business Law

A$.$ Read this article.

A bicycle$-$car collision occurred in the valet parking area of the Hotel St$.$ Pierre in New Orleans. Keisha was

cycling on Burgundy Street in the French Quarter. She encountered a car door that a valet had opened on a

parked vehicle. She was thrown to the ground on impact and sustained numerous injuries to her spine,

joints and dominant hand. She brought a lawsuit in District Court in New Orleans, Louisiana. The hotel had

hired a valet company, Parking Management Services, to control the parking and hotel$-$access area.

At trial, evidence indicated negligence on the part of both the bicyclist and the valet. In such

circumstances, the jury is directed to determine what percentage of liability should be attributed to each

party. The bicycle rider was assigned $30$ percent; the parking company, $70$ percent. The jury valued

plaintiff$$s injuries at $$150,000.$ Because plaintiff was $30$ percent responsible, her recovery was reduced by

that amount to $$105,000.$

The case was appealed on numerous grounds:

First, plaintiff maintained she was not at all at fault. Courts recognize that the search for the precise ratio

of fault is not an exact science. Noting that bicyclists have a duty to be watchful at all times, the court

upheld the $30/70$ allocation.

Second, defendant asserted that plaintiff$$s injuries were not the result of the accident. Indeed, she had

prior pain in the same places on her body where she claimed injuries from the collision. While pre$-$existing

conditions are factors to consider, they do not bar a plaintiff from recovery where an accident exacerbates

those injuries or causes more injuries. The jury concluded that some of plaintiff$$s injuries were caused by

the accident and some were not. This finding also was affirmed on appeal.

Third, the jury awarded $$15,000$ for existing medical expenses and $$100,000$ for future medical expenses.

Defendant objected to the future medical expenses stating that such costs are recognized in law as

inherently speculative. A plaintiff$$s claim must be supported with medical testimony and estimations of

probable cost. Appeals Courts give great respect to juries$$ decisions, and the court here declined to disturb

the jury$$s determination.

Finally, for pain and suffering, and loss of enjoyment of life, plaintiff was awarded $$35,000.$ She sought

$$550,000(!)$ Again noting the uncertain nature of these injuries, the court upheld the jury$$s verdict.

B$.$ Answer each question. Use the numbering sequence below for your answer.

$1.$ Who is the plaintiff? Explain in paragraph form by defining the term$($s$)$ and explaining in detail how you

determined your answer.

$2.$ Who are the possible defendants? Explain in paragraph form by defining the term$($s$)$ and explaining in

$3.$ Who did the plaintiff actually sue $($the actual defendant$)?$ Explain in paragraph form by defining the

term$($s$)$ and explaining in detail how you determined your answer.

$4.$ What is the cause of action? Explain in paragraph form by defining the term$($s$)$ and explaining in detail

how you determined your answer.

$5.$ The court attributes fault to both the plaintiff and the defendant and reduces the plaintiff$$s damage

award by the percentage of the plaintiff$$s responsibility? What is the legal term for this concept? Explain

this concept in detail, including how the court arrived at the $$105,000$ figure.

$6.$ Is this a state or federal lawsuit? Explain in detail how you determined your answer.

$7.$ Is this a civil or criminal lawsuit? Explain in detail how you determined your answer.

$8.$ The jury verdict was appealed to the appeals court. Explain the roles$/$functions the trial and appellate

courts play and how they are different.