Rutledge v. Sentry Insurance Co.
Also decided on this docket: La. Ct. App. 1st Cir., June 29, 1956 89 So. 2d 405; La. Ct. App. 1st Cir., January 11, 1971 243 So. 2d 312; La. Ct. App. 2d Cir., February 16, 1932 139 So. 554
Rutledge v. Sentry Insurance Co., 280 So. 2d 619 (La. Ct. App. 1st Cir. 1973).
Cited by
- Bock v. Burnham 419 So. 2d 6 La. Ct. App. 4th Cir. 1982
- Gaspard v. Breaux 413 So. 2d 288 La. Ct. App. 3d Cir. 1982
- Guidry v. Missouri Pacific Railroad 366 So. 2d 618 La. Ct. App. 1st Cir. 1978
Authorities cited
Identified automatically; this list may not be exhaustive.
- Martin v. Bruchhaus 74 So. 2d 316
Opinion text
MILLER, Judge (concurring). In Martin v. Bruchhaus, 74 So.2d 316 (La.App. 1 Cir. 1954), the court increased a $1,200 award to $2,000 for pain and suffering related to the loss of four teeth by a 54 year old plaintiff. It was noted that plaintiff did not make a claim for the loss of his four teeth, and therefore the $2,000 award was to cover only pain and suffering, inconvenience and discomfort, mental pain and anguish and embarrassment. The trial court awarded $9,000 to Rutledge for his dental injuries. This is in line with the award in the Martin case. Rutledge was 37 years younger than Martin at the time of injury. Rutledge proved a need for substantially more future treatment than was established by Martin. Rutledge claimed and received an award for the loss of his teeth whereas none was claimed by Martin. Martin’s loss occurred more than twenty years before Rutledge’s loss, and the value of the dollar has substantially decreased in the interim. The trial court judgment is properly affirmed.