February 18th, 2021

US Court of Appeals for the Fifth Circuit Opinions
Echeverry v. Jazz Casino Co., LLC

Docket: 20-30038
Opinion Date: February 17, 2021
Judge: Leslie Southwick
Areas of Law: Personal Injury

The Fifth Circuit withdrew its prior opinion. After plaintiff was injured when a manlift struck her outside Harrah's Casino in New Orleans, a jury found Jazz Casino negligent, assigning it 49% of the fault. Plaintiff was awarded, among other jury awards, $1,000,000 for future pain and suffering. The Casino appealed. The court held that the evidence was sufficient to support the finding of negligence under a negligent hiring theory, operational control theory, and authorization of unsafe work practices theory presented to jurors. The court also held that none of the objected-to evidence was erroneously admitted at trial. However, the court held that the jury's $1,000,000 award for future pain, suffering, mental anguish, disability, scarring, and disfigurement was excessive. Accordingly, the court affirmed the district court's denial of the Casino's motion for judgment as a matter of law and motion for a new trial, vacated the award for future pain and suffering, and remanded for further proceedings.

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