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Cited by

Opinions in Louisiana that cite Gaspard v. LeMaire, 158 So. 2d 149.

655 citing documents.

  • Brown v. City of Alexandria 226 So. 2d 600 La. Ct. App. 1st Cir. 1969
    There, in reversing this court’s reduction of a trial award, our Supreme Court stated: “ , , as extended in Ballard v. National Indemnity Company, 246 La.
  • Goudeau v. Texas Gas Transmission Corp. 225 So. 2d 679 La. Ct. App. 1st Cir. 1969
    959 , (1957); , (1963); 25 La.Law Review 545 (1965).
  • Barthelemy v. Phoenix Insurance Co. 226 So. 2d 603 La. Ct. App. 1st Cir. 1969
    These cases include: , ; Booth v. Good Foods, Inc., La.App., ; Murry v. Bankers Fire & Marine Insurance Company, La.App., ; McCorquodale v. Watson, La.App., ; Doerle v. State Through Dept. of Highways, La.App., ; Hidalgo v. Dupuy, La.App., ; Cush v. Gr
  • Arnold v. Patterson 224 So. 2d 820 La. Ct. App. 5th Cir. 1969
    Ballard v. National Indemnity Company of Omaha, Neb., 246 La.
  • Collier v. Fireman's Fund Insurance 225 So. 2d 9 La. Ct. App. 1st Cir. 1969
    Ballard v. National Indemnity Company of Omaha, Neb., 246 La.
  • Brignac v. Pan American Petroleum Corporation 224 So. 2d 84 La. Ct. App. 3d Cir. 1969
    Gaspard v. LeMaire, 1963, *91 , ; Lomenick v. Schoeffler, 1967, 250 La.
  • Deshotel v. Southern Farm Bureau Casualty Ins. Co. 224 So. 2d 191 La. Ct. App. 3d Cir. 1969
    This was specifically held by the Louisiana Supreme Court in the case of Gaspard v. LeMaire, 1963, , .
  • Hyatt v. Hartford Accident and Indemnity Company 225 So. 2d 102 La. Ct. App. 3d Cir. 1969
  • Latour v. New York Fidelity & Casualty Co. 223 So. 2d 694 La. Ct. App. 1st Cir. 1969
    Ballard v. National Indemnity Company of Omaha, Neb., 246 La.
  • Chauvin v. United States Fidelity & Guaranty Co. 223 So. 2d 441 La. Ct. App. 3d Cir. 1969
    Ballard v. National Indemnity Company of Omaha, Nebraska, 246 La.
  • De Battista v. Southern Pacific Co. 222 So. 2d 552 La. Ct. App. 1st Cir. 1969
    Ballard v. National Indemnity Company of Omaha, Neb., 246 La.
  • Pelas v. Gulf Oil Corp. 222 So. 2d 581 La. Ct. App. 1st Cir. 1969
    (1963) ; Ballard v. National Indemnity Company of Ornaba, Nebraska, 246 La.
  • Davis v. Pena 222 So. 2d 595 La. Ct. App. 1st Cir. 1969
  • Lawless v. Steel Erectors, Inc. 222 So. 2d 849 La. 1969
  • Sutton v. Rogers 222 So. 2d 504 La. Ct. App. 2d Cir. 1969
  • Gray v. Nathan 221 So. 2d 859 La. Ct. App. 1st Cir. 1969
    Thereafter, however, the similarity ceases for each case is different, and the adequacy or inadequacy of the award should be determined by the facts and circumstances peculiar to the case under consideration.'" , , the decision of the judge or the jury below as to quantum should be affirmed by the appellate court unless there is a clear abuse of the considerable discretion of the judge or jury below.
  • West v. Continental Oil Co. 222 So. 2d 104 La. Ct. App. 1st Cir. 1969
    Our jurisprudence is now established that much discretion must be left to the trial judge or jury in the assessment of damages for tort, Gaspard v. LeMaire, on rehearing, , .
  • Hughes v. New Orleans Public Service, Inc. 221 So. 2d 331 La. Ct. App. 1st Cir. 1969
    Ballard v. National Indemnity Company of Omaha, Neb., 246 La.
  • Johnson v. Crescent Arms Apartments, Inc. 221 So. 2d 633 La. Ct. App. 1st Cir. 1969
    These cases include: , ; Marcus v. Kansas City Southern Railroad Company, La.App., ; Perry v. Baltimore Contractors, Inc., La.App., ; Paine v. Netherton Company, La.App., ; Mathews v. Em *638 ployers Mutual Fire Ins.
  • Ballaron v. Roth 221 So. 2d 297 La. Ct. App. 4th Cir. 1969
    Ballard v. National Indemnity Company of Omaha, Neb., 246 La.
  • Haik v. New Orleans Public Service, Inc. 219 So. 2d 591 La. Ct. App. 1st Cir. 1969
    (1963) ; Ballard v. National Indemnity Company of Omaha, Nebraska, 246 La.
  • Marcantel v. Aetna Casualty and Surety Company 219 So. 2d 180 La. Ct. App. 3d Cir. 1969
  • Harney v. Kountz 218 So. 2d 913 La. Ct. App. 4th Cir. 1969
    Ballard v. National Indemnity Company of Omaha, Neb., 246 La.
  • Merriell v. Collins 218 So. 2d 632 La. Ct. App. 1st Cir. 1969
    On the question whether the driver’s negligence would be imputable to the passenger, , (1963).
  • Wyble v. Minvielle 217 So. 2d 684 La. Ct. App. 3d Cir. 1969
  • Kuebler v. Mixon 218 So. 2d 63 La. Ct. App. 1st Cir. 1969
    They concern situations where a passing driver’s negligence is a cause of the accident because he fails to see a timely left-turn signal, , ; Gorum v. Pritchard, La.App.3d Cir., , or where an oncoming driver follows a forward driver too closely so that his neg *65 ligence in that respect is a proximate cause of a rear-end collision, Slocum v. American Casualty Ins.
  • Palmisano v. United Services Automobile Ass'n 217 So. 2d 774 La. Ct. App. 1st Cir. 1969
    Ballard v. National Indemnity Company of Omaha, Neb., 246 La.
  • Brekeen v. Anderson 217 So. 2d 801 La. Ct. App. 1st Cir. 1969
    Under the circumstances we cannot find any abuse of discretion by the trial judge in awarding $1,450; we cannot say the amount is manifestly excessive, which we would have to do in order to reduce the quantum, , (1963).
  • Vezinat v. Marix 217 So. 2d 416 La. Ct. App. 1st Cir. 1968
  • Richard v. Curtis 216 So. 2d 676 La. Ct. App. 1st Cir. 1968
    The only issue for determination is whether a jury award in favor of plaintiff in the sum of $21,200.00 was so excessive so as to be a , ; Lomenick v. Schoeffler, 250 La.
  • Trosclair v. Higgins 216 So. 2d 558 La. Ct. App. 4th Cir. 1968
    (1963); Ballard v. National Indemnity Company of Omaha, Neb., 246 La.
  • Ruthardt v. Tennant 215 So. 2d 805 La. 1968
    *1055 , (1963): “ * * * the negligence- of one person cannot be imputed to another person not guilty of personal negligence in the absence of a legal obligation on the part of the latter to respond for the fault of the former.” No legal obligation compels Dennis to bear the responsibility for one who has borro
  • Price v. Watts 215 So. 2d 187 La. Ct. App. 3d Cir. 1968
  • Thibodeaux v. Travelers Indemnity Company 215 So. 2d 215 La. Ct. App. 3d Cir. 1968
  • Richard v. American Oil Company 213 So. 2d 158 La. Ct. App. 3d Cir. 1968
  • Jenkins v. Johnson 212 So. 2d 721 La. Ct. App. 5th Cir. 1968
    In connection with our determination of whether the award for Jenkins’ injuries is excessive or inadequate, , , and subsequent cases, we have considered the amounts of awards granted or approved by appellate courts of this state for somewhat similar injuries in order to decide whether or not there has been an abuse of the “much discretion” given to the trier of fact by LSA-C.C.
  • Flournoy v. Otero 212 So. 2d 559 La. Ct. App. 3d Cir. 1968
    (1963); Wesley v. Home Indemnity Co., 245 La.
  • Waters v. Southern Farm Bureau Casualty Ins. Co. 212 So. 2d 487 La. Ct. App. 3d Cir. 1968
  • Wicker v. U. S. Fidelity & Guaranty Insurance Co. 211 So. 2d 420 La. Ct. App. 1st Cir. 1968
    Section 3 of Art. 1934 of the Louisiana Civil Code provides, in part, as follows: “In the assessment of damages under this rule, as well as in cases of offenses, quasi offenses, and quasi contracts, much discretion must be left to the judge or jury * ^ * ”, , , the Supreme Court in quoting said rule said: “The primary question before the appellate court, then, is whether the judge or the jury in fixing the amount of the award has abused this great discretion vested in them by law.
  • Spizer v. Dixie Brewing Co. 210 So. 2d 528 La. Ct. App. 4th Cir. 1968
    In connection with our determination of whether the award for Miss Spizer's injuries is excessive or inadequate, , , and subsequent cases, we have considered the *533 amounts of awards granted or approved by appellate courts of this state for somewhat similar injuries in other cases in order to decide whether or not there has been an abuse of the "much discretion" given to the trier of fact by LSA-C.C.
  • Callais v. Furniture Showrooms, Inc. 213 So. 2d 537 La. Ct. App. 1st Cir. 1968
    Before considering plaintiffs' claims for increased quantum, , , and reiterated in Ballard v. National Indemnity Company, 246 La.
  • Hall v. New Orleans Public Service, Inc. 209 So. 2d 168 La. Ct. App. 1st Cir. 1968
    Ballard v. National Indemnity *171 Company of Omaha, Nebraska, 246 La.
  • Broussard v. Allstate Insurance Co. 208 So. 2d 544 La. Ct. App. 1st Cir. 1968
    (1963); Ballard v. National Indemnity of Omaha, Nebraska, 246 La.
  • Viator v. Gilbert 206 So. 2d 106 La. Ct. App. 4th Cir. 1968
    See Reeves v. State, La.App., ; , ; Robnett v. The Great American Insurance Company of New York, La.App., , and Waller v. King, La.App., .
  • Caris v. Reeves 207 So. 2d 793 La. Ct. App. 1st Cir. 1968
  • Miller v. Badalamenti 207 So. 2d 811 La. Ct. App. 1st Cir. 1968
  • Montero v. Gaconi 207 So. 2d 877 La. Ct. App. 1st Cir. 1968
  • Harris v. Travelers Insurance Co. 207 So. 2d 891 La. Ct. App. 1st Cir. 1968
    Lomenick v. Schoeffler, 250 La.
  • Daigle v. Guinchard 208 So. 2d 11 La. Ct. App. 1st Cir. 1968
    (1963) and Ballard v. National Indemnity Corporation, 246 La.
  • Lawrence v. Winn-Dixie Louisiana, Inc. 208 So. 2d 329 La. Ct. App. 1st Cir. 1968