We therefore AFFIRM the district court’s denial of the Casino’s motion for judgment as a matter of law and motion for a new trial, VACATE the $1,000,000 award for future pain and suffering, and REMAND for further proceedings. Conversely, we hold that the jury’s $1,000,000 award for future pain, suffering, mental anguish, disability, scarring, and disfigurement was excessive. We also hold that none of the objected-to evidence was erroneously admitted at trial. We hold that the evidence was sufficient to support the finding of negligence on each of the three theories presented to jurors. 20-30038 a matter of law, motion for a new trial, and motion for remittitur or a new trial on damages.

The Casino appeals, seeking review of the district court’s denials of the Casino’s motion for judgment as Case: 20-30038 Document: 00515746328 Page: 2 Date Filed: No.

Among the jury awards to Echeverry was $1,000,000 for future pain and suffering. A jury found Jazz Casino Company negligent, assigning it 49% of the fault. Carla Echeverry was injured when a manlift struck her outside Harrah’s Casino in New Orleans. Southwick, Circuit Judge: The prior opinion is withdrawn. 2:17-CV-6494 ON PETITION FOR REHEARING and REHEARING EN BANC Before Jolly, Southwick, and Wilson, Circuit Judges. Appeal from the United States District Court for the Eastern District of Louisiana USDC No. Cayce Clerk Carla Echeverry, Plaintiff-Appellee, versus Jazz Casino Company, L.L.C., doing business as Harrah’s New Orleans Casino, Defendant-Appellant. 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.Ĭase: 20-30038 Document: 00515746328 Page: 1 Date Filed: United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED FebruNo. However, the court held that the jury's $1,000,000 award for future pain, suffering, mental anguish, disability, scarring, and disfigurement was excessive. The court also held that none of the objected-to evidence was erroneously admitted at trial. 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.

Plaintiff was awarded, among other jury awards, $1,000,000 for future pain and suffering. The Fifth Circuit withdrew its prior opinion.Īfter 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.

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