Cited by
Opinions in Louisiana that cite Valence v. Louisiana Power & Light Co., 50 So. 2d 847.
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Wartelle v. Women's and Children's Hosp., Inc.
704 So. 2d 778
La. 1997
Valence v. Louisiana Power & Light Co., (La.App.
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Clomon v. Monroe City School Bd.
572 So. 2d 571
La. 1991
ossible injury to unborn child where that driver's pregnant wife was riding in car at time of collision.); (Landlord's duty to maintain property in a safe condition resulted in liability to pregnant tenant for mental anguish caused by fear that fetus was injured when ceiling plaster fell onto tenant.); Valence v. Louisiana Power & Light Co., (Bus driver's negligence in running into ditch made carrier liable to pregnant passenger and her husband for the mental anguish they suffered as a resul
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Sam v. Rogers
559 So. 2d 1001
La. Ct. App. 1st Cir. 1990
Valence v. Louisiana Power & Light Co.
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Lejeune v. Rayne Branch Hosp.
556 So. 2d 559
La. 1990
App. 2d Cir.1956) (Damages awarded to a father for worry and mental anguish that his unborn child might have been injured because of physical injuries sustained by the mother, caused by the negligence of the defendant); Valence v. Louisiana Power & Light Co., (La.App.
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LeJeune v. Rayne Branch Hospital
539 So. 2d 849
La. Ct. App. 3d Cir. 1989
The early case of Valence v. Louisiana Power & Light Co., (La.App.Orl.Cir.
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Kolder v. State Farm Ins. Co.
520 So. 2d 960
La. Ct. App. 3d Cir. 1987
In Valence v. Louisiana Power & Light Company, a husband was awarded $250.00 for his mental suffering over whether his unborn child suffered injury when the child's mother was injured.
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Blackwell v. Oser
436 So. 2d 1293
La. Ct. App. 4th Cir. 1983
NOTES [1] The only maverick cases are Valence v. Louisiana Power & Light Co., (La.App.
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Danos v. St. Pierre
402 So. 2d 633
La. 1981
See, e. g., Valence v. Louisiana Power & Light Co., (published in 1949).
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Gibbons v. Orleans Parish School Bd.
391 So. 2d 976
La. Ct. App. 4th Cir. 1980
We are aware of the isolated decision, Valence v. Louisiana Power & Light Co., (Orleans Appeals, 1951), which allowed damages to a husband for mental anguish due to injuries to his wife and fear of miscarriage.
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Deason v. State Farm Mut. Auto. Ins. Co.
386 So. 2d 146
La. Ct. App. 3d Cir. 1980
(Orleans Appeal 1951), the court speaks of the right of the unborn child.
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Jolivette v. Safeco Ins. Co.
379 So. 2d 1213
La. Ct. App. 3d Cir. 1980
2 Cir. 1968) ($1000.00 for pain, suffering and mental anguish); (Orl.App.1951) ($750.00).
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Ezell v. Morrison
380 So. 2d 664
La. Ct. App. 4th Cir. 1980
*666 Contrary to the statement in Wascom that "[t]he law is clear" that plaintiffs are not entitled to recovery for the loss of their unborn child we find clear authority that they are in Valence v. Louisiana Power & Light Co., (La.App.
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Danos v. St. Pierre
383 So. 2d 1019
La. Ct. App. 1st Cir. 1980
676 (1904); (Orl.La.App.1959).
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Brauninger v. Ducote
381 So. 2d 1246
La. Ct. App. 4th Cir. 1979
In Valence v. Louisiana Power & Light Co., the Orleans Court of Appeal allowed recovery to parents for mental anguish as a result of injury to their unborn child when the pregnant mother was a passenger on a bus involved in an accident.
- Wascom v. American Indem. Corp. 348 So. 2d 128 La. Ct. App. 1st Cir. 1977
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McFarland v. Cathy
349 So. 2d 486
La. Ct. App. 3d Cir. 1977
Plaintiffs cite the case of Valence v. Louisiana Power & Light Company, where the Orleans Court of Appeal awarded $250.00 damages for mental anguish and worry on the part of a husband over the fear that his wife's unborn child had sustained injury and that there might be an abortion.
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Distinguished
Bourque v. American Mut. Liability Ins. Co.
345 So. 2d 237
La. Ct. App. 3d Cir. 1977
1 Cir. 1961), and Valence v. Louisiana Power & Light Co., in each of which cases the claimant was allowed to recover damages for mental anguish because of physical injuries sustained by another person.
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Hickman v. Parish of East Baton Rouge
314 So. 2d 486
La. Ct. App. 1st Cir. 1975
Although Valence v. Louisiana Power & Light Co., La.App., (Orl.
- Newman v. City of Baton Rouge 260 So. 2d 52 La. Ct. App. 1st Cir. 1972
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Buckelew v. Plunkett
242 So. 2d 372
La. Ct. App. 2d Cir. 1970
[ ] In Valence v. Louisiana Power & Light Company, La.App., (Orl.1951) the court allowed $750 as compensation for mental anguish and worry suffered by plaintiff.
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Robertson v. Aetna Casualty and Surety Company
232 So. 2d 829
La. Ct. App. 4th Cir. 1970
We are neither unaware of nor unmindful of the decision of this court in Valence v. Louisiana Power & Light Co., La.App., (Orleans 1951), upon which plaintiff relies.
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Warr v. Kemp
208 So. 2d 570
La. Ct. App. 3d Cir. 1968
*572 There is one case which allowed a husband damages for mental anguish over fear that his wife would suffer a miscarriage, Valence v. Louisiana Power & Light Company, (Orl.App.
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Robnett v. Great American Insurance Co. of NY
187 So. 2d 152
La. Ct. App. 2d Cir. 1966
Co. of North America, , La.App., 2d Cir.1942 (certiorari denied); Valence v. Louisiana Power & Light Co., , La.App., Orleans 1951.
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Holland v. St. Paul Mercury Insurance Co.
135 So. 2d 145
La. Ct. App. 1st Cir. 1961
Finally, plaintiffs cite Valence v. Louisiana Power and Light Co. (1951), La.App., , which in our judgment stands alone contrary to the weight of the firmly established jurisprudence of this state inasmuch as plaintiff therein was permitted recovery of damages for mental pain and anguish prompted by fear that injury sustained by his wife would cause injury to her unborn child and apprehension of his
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Olivier v. Transcontinental Insurance Co.
93 So. 2d 701
La. Ct. App. 1st Cir. 1957
We have not overlooked the fact that in Valence v. Louisiana Power & Light Co., La.App., , we allowed $750 to a plaintiff “as compensation for her mental anguish and worry over the fear that the unborn foetus might have been injured or that there might have-been an abortion.” Nor have we overlooked the fact that, as a result of the many cases cited in that decision, from $600 to $750 has been accepte
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Jordan v. Fidelity & Casualty Company of New York
90 So. 2d 531
La. Ct. App. 2d Cir. 1956
In Valence v. Louisiana Power & Light Co., La.App.1951, , both parents were held entitled to recover for worry and mental anguish over fear that the foetus might have been injured and the sum of $750 was allowed to the mother.
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Jordan v. Fidelity & Casualty Co. of New York
90 So. 2d 529
La. Ct. App. 1st Cir. 1956
The award herein made appears to us to be in line with similar awards made in Valence v. Louisiana Power & Light Co., La.App.1951, ; and Anderson v. Morgan City Canning Company, Inc., La.App.1954, .
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Delpido v. Colony
52 So. 2d 720
La. Ct. App. 1st Cir. 1951
See Valence v. Louisiana Power & Light Co., La.App., , and the cases therein cited.