WELCH, J.
The plaintiff, Brandi Waters, challenges a jury verdict awarding her damages in the total amount of $13,461.86 for injuries that she sustained in an automobile accident. The defendants, Susan Hebert and her automobile liability insurer, Shelter Mutual Insurance Company ("Shelter"), have answered the appeal, seeking a reduction in the amount of expert witness fees and costs assessed against them. We affirm the judgment in accordance with the jury verdict and deny the answer to appeal in compliance with Uniform Rules—Courts of Appeal, Rule 2-16.1(B).
On April 24, 2017, the plaintiff filed a petition for damages naming Ms. Hebert and Shelter as defendants. The plaintiff alleged that on September 29, 2016, she was rear-ended by Ms. Hebert and that Ms. Hebert was liable to her for her injuries and damages. The defendants filed an answer generally denying the plaintiff's claims; however, the defendants subsequently admitted liability for the accident.
On May 7, 8, and 9, 2018, a jury trial was held on the issues of medical causation and damages. Based on the evidence and after deliberation on May 9, 2018, the jury returned a verdict in the plaintiff's favor awarding her compensatory damages in the total amount of $13,461.86, i.e. $8,461.86 in past medical expenses and $5,000.00 in general damages for past pain and suffering. The jury declined to award the plaintiff any damages for future medical expenses, future pain and suffering, past and future loss of enjoyment of life, and mental anguish. On June 13, 2018, the trial court signed a judgment in accordance with the jury verdict. Thereafter, the plaintiff filed a motion to tax costs, and a motion for judgment notwithstanding the verdict ("JNOV"), for a new trial, and/or to nullify the jury verdict. Pursuant to a judgment signed by the trial court on October 22, 2018, the trial court denied the plaintiff's motions for JNOV, new trial, and to nullify the jury verdict, and granted the plaintiff's motion to tax costs, assessing the defendants with costs and expert witness fees in the total amount of $20,113.41.
The plaintiff has appealed the judgment rendered in accordance with the jury verdict, essentially seeking an increase in the compensatory damages awarded by the jury. The defendants have answered the appeal, essentially seeking a reduction in the amount of expert witness fees and costs that it was assessed pursuant to the October 22, 2018 judgment.
As evidenced by the verdict, the jury made a factual finding that the plaintiff was entitled to an award for past medical expenses, but that she was not entitled to an award for future medical expenses. The plaintiff's claim for future medical expenses was based on Dr. Kevin McCarthy's testimony that the plaintiff was a candidate for several treatment options. However, the testimony of Dr. McCarthy, Dr. Keith Mack, and the plaintiff also established that the plaintiff had not followed through with treatment recommended by either Dr. Keith Mack or Dr. McCarthy. From this, the jury could have reasonably concluded that while the plaintiff may have sustained some injuries immediately after the accident, by the time of trial, those injuries had either subsided and/or there were no medically necessary future medical expenses that she would incur. Based on our review of the record, we find there was a reasonable basis to support the jury's conclusion in this regard. Thus, we find no manifest error in the jury's decision not to award the plaintiff future medical expenses.
Thus, the initial inquiry, in reviewing an award of general damages, is whether the trier of fact abused its discretion in assessing the amount of damages.
As to the plaintiff's claim on appeal that the jury's award of general damages ($5,000 for past pain and suffering) was insufficient and that she should be awarded an increase in those damages for future pain and suffering, past and future loss of enjoyment of life, and mental anguish, based on our review of the record, particularly the testimony of the plaintiff, we cannot say that the jury's award was under that which a reasonable trier of fact could assess for the effects of the particular injury to the plaintiff under the particular circumstances. Based on the evidence, the jury could have reasonably concluded that while the plaintiff may have sustained some injuries and been in some pain immediately after the accident, that her injuries did not affect her lifestyle or inflict any mental anguish, and/or by the time of trial, that her injuries had either subsided or that she was no longer in pain. Thus, we cannot say that the jury abused its discretion with respect to its general damage award.
Lastly, with respect to the defendant's answer to appeal regarding the assessment of expert witness fees, in particular, the expert witness fees of Dr. McCarthy and Dr. Mack, we note that under La. R.S. 13:3666, La. R.S. 13:4533, and La. C.C.P. art. 1920, the trial court has great discretion in awarding costs, including expert witness fees, deposition costs, exhibit costs and related expenses.
Although, as the defendants point out, the amount of costs and expert witness fees assessed against them exceeds the amount ultimately recovered by the plaintiff, based on our review of the record, we cannot say that the trial court abused its discretion in either setting the expert witness fees for Dr. McCarthy and Dr. Mack, or in assessing those fees and other costs to the defendants. Therefore, we deny the answer to appeal.
Accordingly, the June 13, 2018 judgment in accordance with the jury verdict is affirmed and the defendants' answer to appeal is denied. All costs of this appeal are assessed equally between the plaintiff, Brandi Waters, and the defendants, Susan Hebert and Shelter Mutual Insurance Company.
McClendon, J., dissents in part for reasons assigned.
MCCLENDON, J., dissenting in part.
I disagree with the majority's decision to deny the answer to appeal regarding the assessment of expert witness fees. Even though Dr. McCarthy contracted for $5,000.00 per hour as an expert witness fee, the bill is not controlling and I find this to be abusively high.
Likewise, we note that the defendant's answer to appeal pertains to that portion of the October 22, 2018 judgment relative to costs. However, the plaintiff did not appeal any portion of the October 22, 2018 judgment. Nevertheless, since answers to appeals are also favored and because of the ambiguity in the plaintiff's motion for appeal and the specific reference therein to the October 22, 2018 judgment, we will consider the merits of the defendant's answer to appeal.