# Maldonado v. Kiewit Louisiana Co.

> Louisiana Court of Appeal · May 30, 2014 · 152 So. 3d 909

URL: https://www.frixlaw.com/law-library/cases/4816168

## Case

- **Full name:** Maria Cruz MALDONADO, individually and as Representative of the Estate of Ulvaldo Soto Martinez, and as next friend and natural guardian of Justin Soto-Maldonado and Usvaldo Jesus Soto-Maldonado, minors, Maria Martinez Vasquez, as natural mother of Ulvaldo Soto Martinez and Gilberto Soto Martinez v. KIEWIT LOUISIANA CO. d/b/a Kiewit Massman Traylor Constructors a/k/a KMTC, Traylor Bros., Inc., Kiewit Southern Co., & Massman Construction Co., A Joint Venture, Traylor Bros., Inc. as a General Partner of KMTC, Kiewit Southern Corp. as a Partner of KMTC, Massman Construction Co. as a Partner of KMTC, GEC Louisiana Timed Managers, A Joint Venture Partnership, PB Americas, Inc. f/k/a Parsons, Brinckerhoff, Quade & Douglas, Inc. As Partner of GEC Louisiana Timed Managers, A Joint Venture Partnership, LPA Group Incorporated as partner of GEC Louisiana Timed Managers, A Joint Venture Partnership, G.E.C. Inc. As Partner of GEC Louisiana Timed Managers, A Joint Venture Partnership, Zurich American Insurance Company, The State of Louisiana Through The Department of Transportation and Development and JL Steel Reinforcing, LLC Twin City Fire Insurance Company v. JL Steel Reinforcing, LLC, Kiewit Louisiana Co, Massman Construction Co., and Traylor Bros, Inc. d/b/a Kiewitt Massman Traylor Constructors, A Joint Venture, Zurich American Insurance Company, The Louisiana Department of Transportation and Development, Arch Insurance Company, Louisiana Timed Managers, A Joint Venture Partnership
- **Court:** Louisiana Court of Appeal
- **Decided:** May 30, 2014
- **Citations:** 152 So. 3d 909; 2014 WL 2450990
- **Precedential status:** Published
- **Opinion:** Concurring in part by Guidry
- **Judges:** Guidry, Higginbotham, McClendon, McDonald, Whipple
- **Cited by:** 28 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/4816168

## Opinion text

GUIDRY, J.,
concurring in part and dissenting in part.
|,I agree with the majority’s reversal of the jury’s determination that an intentional act was committed in this matter, and I further agree with the majority’s determination that the jury’s award of damages was excessive in this case. And while I concur with the majority’s reduction of the awards for the wrongful death claims for Ms. Maldonado and her sons, I disagree with the majority’s far-reaching reduction of the survival action claim, the wife’s economic loss claim, and the brother’s bystander claim. I would award $250,000 for the fear and terror the victim experienced during the fall and $500,000 for his pain and suffering, for a total survival action award of $750,000. For the wife’s economic loss, I believe $924,484 is a proper award based on Dr. Cassanave’s opinion, minus amounts attributable to fringe benefits and value of household services, for which I found no basis in the record to support those additional elements of her economic loss claim. Finally, with respect to the bystander award to the brother, I believe that a proper award for that claim would be no less than $150,000. Thus, I respectfully dissent from those portions of the majority opinion that reduce the awards for the survival action claim, the wife’s economic loss claim, and the brother’s bystander claim below the amounts of $750,000, $924,484, and $150,000, respectively.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/4816168. Public record. Not legal advice.