Barber Brothers Contracting Co., LLC v. Capitol City Produce Co., LLC

In a recent decision, Barber Brothers Contracting Co., LLC v. Capitol City Produce Co., LLC, the Louisiana Supreme Court reaffirmed the important role juries play in evaluating the facts in personal injury cases involving catastrophic injuries. The case arose from a serious motor vehicle collision that left a commercial driver with traumatic brain injuries and other injuries.  A jury returned a substantial verdict in favor of the injured plaintiff and his family. Although the award was initially reduced on appeal, the Supreme Court ultimately reinstated the jury’s original verdict, in part, emphasizing that appellate courts must give significant deference to a jury’s evaluation of damages. The Court made clear that damages for pain, suffering, disability, and loss of enjoyment of life are highly fact‑specific and should not be second‑guessed simply by comparing them to other cases. Barber, and its prior related decisions, raise complex issues attorneys must consider in evaluating damages in catastrophic cases involving car accidents, trucking accidents and other significant accidents causing personal injuries.