Zappala v. Home Depot, USA

11 GAUDIN, Judge.

This is an appeal by Home Depot USA, Inc. from a district court judgment awarding $41,720.00 and $8,000.00 to two persons injured in a vehicular accident caused solely by the negligence of a Home Depot driver-employee. A bench trial was held on December 13, 1993 and the judgment signed the following day.

Appellant contends (1) that it was wrongly denied a trial by jury and (2) that the larger award, to plaintiff-appellee Mrs. Paula Zap-pala, was excessive.

For reasons following, we find that Home Depot waived its right to a jury trial and that the award to Mrs. Zappala, while…