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Keywords

tortdefendantdamagesappealtrialcompensatory damages

tortdefendantdamagestrialsustainedcompensatory damages

Related Cases

Jensen v. Matute, 289 So.3d 1136, 2019-0706 (La.App. 4 Cir. 1/29/20)

Facts

Dr. Kent Jensen, a professional cellist, was involved in a rear-end collision while driving with his Granjon cello in the vehicle. Although the cello showed no visible damage, Jensen noticed a change in sound quality the following day. He opted to have the cello repaired by a specialized luthier, which took 111 days. During this time, he used his previous Student Cello, which he had played professionally for over thirty years. Jensen filed a suit against the driver, vehicle owner, and insurer for damages related to the loss of use of the Granjon cello.

Dr. Jensen is a professional cellist and a member of the Louisiana Philharmonic Orchestra. He started playing the cello when he was ten-years old and obtained a doctoral degree in musical arts and cello performance. In 1985, while he was earning his master degree, Dr. Jensen purchased an unbranded, nineteenth-century French cello, which he characterized as a student instrument (the “Student Cello”). He paid $6,500 for the Student Cello. For approximately thirty years, Dr. Jensen played the Student Cello—twenty years of which was during his tenure with the Louisiana Philharmonic Orchestra.

Issue

Whether Dr. Jensen is entitled to recover special damages for the loss of use of his Granjon cello and general damages for mental anguish resulting from the accident.

Rule

Compensatory damages are designed to place an injured party in the position they would have been in had the tortious conduct not occurred. Special damages can be measured by the rental value of substitute property, while general damages are those which may not be fixed with pecuniary exactitude.

Compensatory damages are designed to place an injured party in the position he or she would have been in had the tortious conduct not occurred. Wainwright v. Fontenot, 00-0492, p. 5 (La. 10/17/00), 774 So.2d 70, 74. Compensatory damages are “divided into the broad categories of special damages and general damages.” Id.; see also McGee v. A C and S, Inc., 05-1036, p. 3 (La. 7/10/06), 933 So.2d 770, 774.

Analysis

The court found that Dr. Jensen did not suffer any actual damages because he had access to the Student Cello, which he used professionally during the repair period. The court emphasized that he did not incur rental expenses or lose any income as a result of the accident. Furthermore, the court noted that the Granjon Cello was returned without permanent damage or reduction in value, leading to the conclusion that there was no basis for a claim for loss of use damages.

Dr. Jensen contends that the trial court erred in denying his loss of use claim for special damages in the amount of $60,125.37, consisting of the daily rental rate of $541.67 multiplied by the 111 days he was without use of the Granjon Cello. Defendants counter that Dr. Jensen's rental value claim is essentially a claim for the full appraised value of the cello, $65,000, which would amount to a “windfall.” Defendants point out that it would be absurd to rent an instrument for that price, particularly when Dr. Jensen had the unfettered use of the same instrument he had used professionally for thirty years, the Student Cello, and thus sustained no actual damages.

Conclusion

The Court of Appeal affirmed the trial court's judgment, concluding that Dr. Jensen was not entitled to recover special or general damages.

For the foregoing reasons, the trial court's judgment is affirmed.

Who won?

Defendants prevailed in the case because the court found that Dr. Jensen did not suffer any actual damages or loss of use during the repair period.

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