Plaintiff Cannot Be Compensated for Help Managing His Damage Award

23
May

Plaintiff Cannot Be Compensated for Help Managing His Damage Award

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A Louisiana federal judge recently rebuffed a plaintiff’s attempt to extend the range of available damages to include an award for “financial management” damages in a Jones Act claim.  The opinion contains little factual information, but the plaintiff apparently was 27 years old at the time of the injury and had reached maximum medical improvement for his injuries.  A vocational rehabilitation expert and life care planner for the plaintiff prepared a life care plan projecting $692,500 for “financial management” damages.  According to Judge Lance Africk, of the Louisiana Eastern District Court, the plaintiff argued that as a “practical matter, [he] needs financial management assistance if he is awarded a large amount of money.”  Amusingly, Judge Africk noted that the plaintiff “candidly admits” that he could not locate a single case, of any sort, awarding financial management damages.  Undeterred, the plaintiff apparently argued that the lack of any precedent means that no case ever denied such an award.  Doing so, Judge Africk determined that “as a matter of first impression, it is clear that such damages are not permitted in this case.”  Judge Africk further explained that “[e]ven if the need for financial management can be considered as ‘damages,’ a finding this Court does not make, plaintiff cannot be compensated for damages not caused by defendant’s conduct.”

Kennedy v. Magnolia Marine Transport Co., 15-1813 (E.D. La. 5/18/2016); 2016 WL 2907537

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