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

655 citing documents.

Sticker v. General Foods Corp. 324 So. 2d 568 La. Ct. App. 1st Cir. 1976
We recognize the fact that a degree of uniformity of awards should be maintained; , .
Sanders v. English 325 So. 2d 692 La. Ct. App. 1st Cir. 1976
Appellate courts, while constitutionally required to review the law and the facts, are not to disturb the award of the trier of fact in the absence of an abuse of his much discretion; Parks v. Liberty Mutual Insurance Company, *696 , (1963).
Morgan v. Liberty Mut. Ins. Co. 323 So. 2d 855 La. Ct. App. 4th Cir. 1975
Mullins v. Travelers Ins. Co. 324 So. 2d 613 La. Ct. App. 2d Cir. 1975
Dolan v. New Orleans Public Service, Inc. 317 So. 2d 688 La. Ct. App. 4th Cir. 1975
Simmons v. Beauregard Parish School Board 315 So. 2d 883 La. Ct. App. 3d Cir. 1975
Art. 1934; , (1963); Lomenick v. Schoeffler, 250 La.
Burrows v. Louisiana State Department of Highways 319 So. 2d 867 La. Ct. App. 3d Cir. 1975
285 , (1971); , (1963); Ballard v. National Indemnity Company of Omaha, Neb., 246 La.
Miller v. Chicago Insurance Company 320 So. 2d 134 La. 1975
The First Circuit Court of Appeal held in Sukker v. Newsom, supra , that if the trial judge's amended award and the award made by the jury are both within the range of discretion of the trier of fact under C.C.1934 ( , (1963)), then the trial judge's award was an abuse of his discretion and the jury award is therefore reinstated.
Bamburg v. Nelson 313 So. 2d 872 La. Ct. App. 2d Cir. 1975
(1963) the Supreme Court of this state held that having observed the automobile approaching from the rear, a failure to look the second time before commencing a left turn maneuver was a dereliction of duty which had a causal connection with the accident.
Williams v. Orleans Parish School Board 317 So. 2d 643 La. Ct. App. 1st Cir. 1975
Wyble v. St. Paul Fire and Marine Insurance Co. 316 So. 2d 819 La. Ct. App. 3d Cir. 1975
(1963); Lomenick v. Schoeffler, 250 La.
Kontomitras v. New Orleans Public Service, Inc. 314 So. 2d 441 La. Ct. App. 4th Cir. 1975
In connection with our determination of whether or not the award for damages is inadequate, , , and subsequent cases, we have considered the amounts of awards granted or approved by appellate courts of this state with somewhat similar injuries in other cases of serious 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
Ordonez v. Maryland Casualty Co. 312 So. 2d 875 La. Ct. App. 4th Cir. 1975
Reggans v. Aetna Casualty & Surety Company 308 So. 2d 898 La. Ct. App. 2d Cir. 1975
(1963) and continuing to the present time, our Supreme Court has enunciated certain rules and guidelines to be observed by appellate courts in reviewing awards made by juries or trial judges.
Callais v. Allstate Insurance Co. 308 So. 2d 342 La. Ct. App. 1st Cir. 1975
It is recognized that uniformity in damage awards is not the criterion for appellate review; , (1963).
Fowler v. Gulf Insurance Company 306 So. 2d 406 La. Ct. App. 3d Cir. 1975
Johnson v. McKay 306 So. 2d 417 La. Ct. App. 3d Cir. 1975
Cacibauda v. Gaiennie 305 So. 2d 572 La. Ct. App. 4th Cir. 1974
Anderson v. Welding Testing Laboratory, Inc. 304 So. 2d 351 La. 1974
Miller v. Travelers Insurance Company 303 So. 2d 924 La. Ct. App. 3d Cir. 1974
285 , (1971); , (1963); Ballard v. National Indemnity Company of Omaha, Neb., 246 La.
Wiley v. Travelers Insurance Company 300 So. 2d 555 La. Ct. App. 3d Cir. 1974
Explained Smith v. Manchester Insurance & Indemnity Co. 299 So. 2d 517 La. Ct. App. 4th Cir. 1974
Bascle v. Champagne 303 So. 2d 848 La. Ct. App. 1st Cir. 1974
It is recognized that uniformity in damage awards is not the criterion for appellate review; , (1963).
Taylor v. Rome 303 So. 2d 844 La. Ct. App. 1st Cir. 1974
See: , (1963); Ballard v. National Indemnity Company of Omaha, Neb., 246 La.
Alexander v. Mid-South Sweeping Service, Inc. 303 So. 2d 268 La. Ct. App. 1st Cir. 1974
(1963); Ballard v. National Indemnity Co. of Omaha, 246 La.
Derrick v. Travelers Indemnity Co. 301 So. 2d 683 La. Ct. App. 1st Cir. 1974
959 , (1967) ; , (1963).
Molden v. Wood 302 So. 2d 384 La. Ct. App. 1st Cir. 1974
In construing the breadth of *386 this discretion, , (1963), cited with approval the following language from White v. Robbins, La.App., : “ ‘ * * * Since an award of damages for personal injuries is of necessity somewhat arbitrary and also must vary greatly with the facts and circumstances of each case, the trial court is entrusted with lar
Gianakis v. Mayen 301 So. 2d 413 La. Ct. App. 4th Cir. 1974
963 , (1964); , (1963), the Supreme Court makes the vitality of the above codal provision abundantly clear in relation to appellate review of damage awards.
Watts v. Town of Homer 301 So. 2d 729 La. Ct. App. 2d Cir. 1974
(1963); Ballard v. National Indemnity Co. of Omaha, 246 La.
Dewese v. Hartford Accident & Indemnity Company 295 So. 2d 574 La. Ct. App. 3d Cir. 1974
285 , (1971); , (1963); Ballard v. National Indemnity Company of Omaha, Neb., 246 La.
Claiborne v. Southern Farm Bureau Insurance 299 So. 2d 910 La. Ct. App. 1st Cir. 1974
Reeves v. Louisiana and Arkansas Railway Co. 304 So. 2d 370 La. Ct. App. 1st Cir. 1974
South Texas Lloyds v. Guarantee Insurance Co. 299 So. 2d 395 La. Ct. App. 1st Cir. 1974
Wells v. Traders and General Insurance Company 297 So. 2d 225 La. Ct. App. 3d Cir. 1974
Doucet v. Werner 297 So. 2d 252 La. Ct. App. 1st Cir. 1974
285 , (1971); , (1963); Ballard v. National Indemnity Company of Omaha, Neb., 246 La.
Revon v. American Guarantee & Liability Ins. Co. 296 So. 2d 257 La. 1974
Malone v. Yager 295 So. 2d 604 La. Ct. App. 1st Cir. 1974
Mudd v. Travelers Indemnity Company 295 So. 2d 540 La. Ct. App. 3d Cir. 1974
Spillers v. MONTGOMERY WARD & COMPANY, INC. 294 So. 2d 803 La. 1974
(1963); Ballard v. National Indemnity Co. of Omaha, 246 La.
Laird v. State Farm Insurance Co. 290 So. 2d 343 La. Ct. App. 4th Cir. 1974
Rodriguez v. Trebitz 304 So. 2d 396 La. Ct. App. 1st Cir. 1974
Orfanello v. Pepsi Cola Bottling Company 290 So. 2d 353 La. Ct. App. 4th Cir. 1974
In increasing Mrs. Orfanello's award, , 158 So.
Martin v. United Services Automobile Ass'n 293 So. 2d 274 La. Ct. App. 1st Cir. 1974
Taft v. Gist 293 So. 2d 641 La. Ct. App. 3d Cir. 1974
285 , (1971); , (1963); Ballard v. National Indemnity Company of Omaha, Neb., 246 La.
Molton v. Avrard 293 So. 2d 557 La. Ct. App. 1st Cir. 1974
(1963); Miller v. Thomas, 258 La.
Boutte v. Hargrove 290 So. 2d 319 La. 1974
We granted review because of plaintiff's serious allegation that the Court of Appeal had reduced the award for compensatory damages in violation of Louisiana Civil Code Article 1934(3) , (1963); Ballard v. National Indemnity Company of Omaha, Neb., 246 La.
Mercier v. City of New Orleans ex rel. Department of Sanitation 290 So. 2d 336 La. Ct. App. 1st Cir. 1974
963 , (1964); , (1963), and many other cases too numerous for citation.)
Mooneyhan v. State Farm Mutual Automobile Ins. Co. 290 So. 2d 405 La. Ct. App. 2d Cir. 1974
While we think the award to plaintiff for her physical injuries was rather conservative, we do not find the trial judge abused the "much discretion" accorded him under the provisions of Louisiana Civil Code Article 1934(3), as interpreted by *410 , 158 So.
Redd v. Prevost 288 So. 2d 74 La. Ct. App. 4th Cir. 1974
(1963), : "* * * When the doctrine is urged as applicable, cases relied upon may be similar in that each of them involves a similar injury such as a broken arm, the loss of an eye or eyes, or the loss of some member of the body.
Parks v. Liberty Mutual Insurance Company 291 So. 2d 505 La. Ct. App. 2d Cir. 1974

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