Page:Echeverry v. Jazz Casino Co., LLC (20-30038) Opinion.pdf/2

 that none of the objected-to evidence was erroneously admitted at trial. Conversely, we hold that the jury’s $1,000,000 award for future pain, suffering, mental anguish, disability, scarring, and disfigurement was excessive. 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.

Jazz Casino Company, doing business as Harrah’s New Orleans Casino, hired Alabama Wildlife Removal (“AWR”) as an independent contractor in January 2017 to remove birds from palm trees near the Casino. On February 16, 2017, during the second week of the project, Echeverry stood near the worksite in front of the Casino as she waited to cross an adjacent street. AWR was using a manlift to reach the treetops. As it was being moved from one group of trees to another, it struck Echeverry, running her over and causing a comminuted fracture in her lower right leg and ankle. The AWR employee serving as the flagman had not alerted Echeverry to the movement of the manlift as he passed her.

Echeverry filed a negligence lawsuit in state court against AWR, its owner Phillip Padgett, manlift operator Richard Tyler, and the Casino. The Casino removed to federal court. There, a jury trial was held from August 5–8, 2019. Echeverry presented three theories of negligence to the jury: negligence in hiring, in operational control, and in authorization of unsafe work practices.

The jury found the Casino negligent and assigned it 49% of the fault. Remaining fault was assigned to AWR (50%) and Echeverry herself (1%). The jury awarded damages for (1) past pain, suffering, and mental anguish;