Cited by

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

655 citing documents.

Moore v. Johnson 262 So. 2d 105 La. Ct. App. 1st Cir. 1972
reviewed on certiorari to Louisiana Supreme Court in , (1963), our courts have held lower court awards in damage suits should not be altered unless there is a showing the trial judge abused this discretion.
Annison v. Aetna Casualty & Surety Co. 261 So. 2d 331 La. Ct. App. 1st Cir. 1972
963 , (1964); , (1963), and we are satisfied from our review of the record that the trial court did not abuse this discretion.
Sevin v. Diamond M Drilling Co. 261 So. 2d 375 La. Ct. App. 1st Cir. 1972
963 , (1964); , (1963), and we are satisfied that the trial court did not abuse this discretion.
Dickson v. Zurich Insurance 261 So. 2d 350 La. Ct. App. 1st Cir. 1972
Tubbs v. Allstate Insurance Company, La.App., ; Ballard v. National Indemnity Company of Omaha, Nebraska, 246 La.
Jagers v. Royal Indemnity Company 257 So. 2d 806 La. Ct. App. 3d Cir. 1972
(1963), our Supreme Court expressly rejected the theoretical right of control by an owner of a vehicle over the driver of the vehicle.
Himel v. Roundtree 259 So. 2d 569 La. Ct. App. 1st Cir. 1972
Ballard v. National Indemnity Co., 246 La.
Maggio v. Nichols 259 So. 2d 658 La. Ct. App. 1st Cir. 1972
plaintiff sustained a 25 to 30% compression fracture of the first lumbar vertebra together with other problems which were aggravated by the accident.
Byrd v. Fulton 259 So. 2d 384 La. Ct. App. 1st Cir. 1972
Poston v. Firemen's Insurance Co. of Newark, NJ 256 So. 2d 700 La. Ct. App. 2d Cir. 1972
Moore v. Triple Eight Cab Co. 259 So. 2d 396 La. Ct. App. 1st Cir. 1972
LeBlanc v. Metal Locking of Louisiana, Inc. 258 So. 2d 683 La. Ct. App. 1st Cir. 1972
Cannon v. Stout 257 So. 2d 454 La. Ct. App. 1st Cir. 1972
Lomenick v. Schoeffler, 250 La.
Luke v. Police Jury of the Parish of Terrebonne 257 So. 2d 480 La. Ct. App. 1st Cir. 1972
Dugas v. Southwest Construction Co. 257 So. 2d 159 La. Ct. App. 1st Cir. 1972
Lomenick v. Schoeffler, 250 La.
Miller v. Rooks 256 So. 2d 499 La. Ct. App. 1st Cir. 1972
963 , (1964); , (1963); Lomenick v. Schoeffler, 250 La.
Winzer v. Lewis 251 So. 2d 650 La. Ct. App. 2d Cir. 1971
Gaspard v. LeMaire (1963), , ; Ballard v. National Indemnity Co. of Omaha, Nebraska (1964), 246 La.
Groom v. T. E. Mercer Trucking Co. 253 So. 2d 586 La. Ct. App. 1st Cir. 1971
959 , (1967); , (1963); (La.App.
Allen v. Aetna Life & Casualty Insurance 254 So. 2d 69 La. Ct. App. 1st Cir. 1971
* Louisiana Constitution Article 7, § 29; Louisiana Civil Code Article 1934 (3); , (1963); Lomenick v. Schoeffler, 250 La.
Riley v. Frantz 253 So. 2d 237 La. Ct. App. 4th Cir. 1971
Adam v. Schultz 250 So. 2d 811 La. Ct. App. 5th Cir. 1971
Cole v. New Orleans Public Service, Inc. 251 So. 2d 48 La. Ct. App. 1st Cir. 1971
Joyner v. Aetna Casualty & Surety Company 251 So. 2d 166 La. 1971
Ardoin v. McComb 251 So. 2d 84 La. Ct. App. 1st Cir. 1971
(1963); Ballard v. National Indemnity Company of Omaha, Neb., 246 La.
Royer v. Travelers Indemnity Co. 251 So. 2d 116 La. Ct. App. 1st Cir. 1971
Barrois v. Service Drayage Company 250 So. 2d 135 La. Ct. App. 4th Cir. 1971
There the Supreme Court stated: " , , as extended in Ballard v. National Indemnity Company, 246 La.
Abadie v. Employers Group Insurance Co. 250 So. 2d 84 La. Ct. App. 1st Cir. 1971
In the case of John Miller, individually and on behalf of his minor daughter, Deborah Ann Miller v. Lionel J. Thomas et al., La., (1971), after citing article 1934(3) , (1963); Ballard v. National Indemnity Company of Omaha, Neb., 246 La.
Peggy Parish v. Liberty Universal Insurance Co. 251 So. 2d 384 La. Ct. App. 1st Cir. 1971
the Louisiana Supreme Court held that the function of the reviewing Court is simply to determine whether the trial Court award is manifestly insufficient under all the circumstances of the case.
Dykes v. State Farm Mutual Automobile Insurance Co. 248 So. 2d 603 La. Ct. App. 1st Cir. 1971
(1963); Lomenick v. Schoeffler, 250 La.
Fauntlory v. Travelers Indemnity Co. 248 So. 2d 836 La. Ct. App. 1st Cir. 1971
(1963); Ballard v. National Indemnity Company of Omaha, Nebraska, 246 La.
Sylvester v. Liberty Mutual Insurance 247 So. 2d 395 La. 1971
959 , ; , ; Ballard v. National Ind.
Ebert v. Macaluso 248 So. 2d 355 La. Ct. App. 1st Cir. 1971
Russell v. Allstate Insurance 246 So. 2d 706 La. Ct. App. 1st Cir. 1971
Geiger v. Larrieu 246 So. 2d 713 La. Ct. App. 1st Cir. 1971
(1963); Readco Industries, Inc. v. Mrymax Specialties, Inc., (La.App.
Gould v. Natal's Inc. 246 So. 2d 717 La. Ct. App. 1st Cir. 1971
Miller v. Thomas 246 So. 2d 16 La. 1971
We granted review because of plaintiff’s serious allegation that the Court of Appeal had drastically reduced the award in violation of Louisiana Civil Code Article 1934 (3) , (1963); Ballard v. National Indemnity Company of Omaha, Neb., 246 La.
Courtney v. Fireman's Fund Insurance Co. 246 So. 2d 232 La. Ct. App. 1st Cir. 1971
963 , (1964); , (1963), and we are satisfied from our review of the record that the trial court did not abuse this discretion and that the award of $15,000 general damages for the injuries sustained by plaintiff and related pain and suffering is neither inadequate nor excessive.
Fackrell v. Gulley 246 So. 2d 368 La. Ct. App. 1st Cir. 1971
Floyd v. City of New Orleans 244 So. 2d 857 La. 1971
Farris v. New Orleans Public Service, Inc. 244 So. 2d 857 La. 1971
The appellate award appears to be violative of the principles enunciated in Gaspard v. Le- • Maire, , .
Wells v. Aguillard 244 So. 2d 689 La. Ct. App. 1st Cir. 1971
Levet v. Kirksey 244 So. 2d 346 La. Ct. App. 1st Cir. 1971
(1963); Ballard v. National Indemnity' Company of Omaha, Neb., 246 La.
Johnson v. Allstate Insurance Co. 244 So. 2d 79 La. Ct. App. 1st Cir. 1971
390 , ; , ; and Washington Fire and Marine Insurance Company v. Firemen’s Insurance Company, 232 La.
Meek v. State Farm Mutual Automobile Insurance Co. 244 So. 2d 661 La. Ct. App. 1st Cir. 1971
(1963), on rehearing, and in Ballard v. National Indemnity Company of Omaha, Neb., 246 La.
Carpenter v. Landry 244 So. 2d 58 La. Ct. App. 1st Cir. 1971
(1963); Ballard v. National Indemnity Company of Omaha, Neb., 246 La.
Lovett v. Continental Insurance Co. 249 So. 2d 581 La. Ct. App. 1st Cir. 1971
Luttrell v. State Farm Mutual Automobile Ins. Co. 244 So. 2d 97 La. Ct. App. 3d Cir. 1971
Gullette v. Royal Globe Ins. Co. 243 So. 2d 289 La. Ct. App. 1st Cir. 1971
It is well stated law that the Court of Appeals should not disturb an award of damages of a jury unless it is evident from the record that there was an abuse of discretion, , .
Raley v. Liberty Mutual Insurance Co. 242 So. 2d 378 La. Ct. App. 1st Cir. 1970
(1963), makes it plain that each award must stand on the facts of each case, that is, upon a legally feasible relationship between the award and the evidence which supports it.
Gurley v. St. Paul Fire & Marine Underwriters, Inc. 242 So. 2d 298 La. Ct. App. 1st Cir. 1970
959 , (1967) , (1963), we have concluded that the award was excessive and we will therefore reduce it to within an acceptable range for the amount of damage done by the injury.
Floyd v. City of New Orleans 242 So. 2d 332 La. Ct. App. 1st Cir. 1970
(1963) the Supreme Court of the State of Louisiana on rehearing stated that in fixing quantum of damages, each case must necessarily depend upon its own particular facts.