Cited by
Opinions in Louisiana that cite Ballanga v. Hymel, 175 So. 2d 274.
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Reck v. Stevens
373 So. 2d 498
La. 1979
959 , (1967); , (1965); Winfree v. Consolidated Underwriters, 246 La.
- Foret v. United Services Automobile Ass'n 293 So. 2d 671 La. Ct. App. 1st Cir. 1974
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Mercier v. City of New Orleans ex rel. Department of Sanitation
290 So. 2d 336
La. Ct. App. 1st Cir. 1974
959 , (1967); , (1965); Ballard v. National Indemnity Company of Omaha, Neb., 246 La.
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Adam v. Schultz
250 So. 2d 811
La. Ct. App. 5th Cir. 1971
959 , ; , ; Ballard v. National Indemnity Company of Omaha, Neb., 246 La.
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Lovett v. Continental Insurance Co.
249 So. 2d 581
La. Ct. App. 1st Cir. 1971
Under this rule the amount of damages assessed by the judge or jury should not be disturbed unless the appellate court’s examination of the facts reveals a clear abuse of the discretion vested in the lower court.” , ; Ballard v. National Indemnity Co. of Omaha, Neb., 246 La.
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Ardoin v. Travelers Ins. Co.
229 So. 2d 426
La. Ct. App. 3d Cir. 1969
963 , (1964); , (1965); Lomenick v. Schoeffler, 250 La.
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Porter v. Sprawls
227 So. 2d 792
La. Ct. App. 1st Cir. 1969
App., (3rd Cir., 1967); , ; Gaspard v. LeMaire, 245 La.
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Greene v. Allstate Insurance
228 So. 2d 151
La. Ct. App. 1st Cir. 1969
963 , (1964), , (1965) the appellate court may review all the facts and circumstances on which the lower court based its award.
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Davis v. Pena
222 So. 2d 595
La. Ct. App. 1st Cir. 1969
959 , (1967); , (1965); 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
- Richard v. Curtis 216 So. 2d 676 La. Ct. App. 1st Cir. 1968
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Price v. Watts
215 So. 2d 187
La. Ct. App. 3d Cir. 1968
959 , ; , ; Gaspard v. LeMaire, 245 La.
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Thibodeaux v. Travelers Indemnity Company
215 So. 2d 215
La. Ct. App. 3d Cir. 1968
959 , ; , ; Gaspard v. LeMaire, 245 La.
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Caris v. Reeves
207 So. 2d 793
La. Ct. App. 1st Cir. 1968
959 , ; , ; Ballard v. National Indemnity Company of Omaha, Neb., 246 La.
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Miller v. Badalamenti
207 So. 2d 811
La. Ct. App. 1st Cir. 1968
959 , ; , ; Ballard v. National Indemnity Company of Omaha, Neb., 246 La.
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Montero v. Gaconi
207 So. 2d 877
La. Ct. App. 1st Cir. 1968
959 , ; , ; Ballard v. National Indemnity Company of Omaha, Neb., 246 La.
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Gernon v. Buchanan
201 So. 2d 208
La. Ct. App. 1st Cir. 1967
963 , , , , we have considered the amounts of awards granted or approved by appellate courts of this state for somewhat similar injuries to determine whether the award of $4,500 for the injuries suffered by plaintiff in the instant case is either excessive or inadequate to the extent that it constitutes an abuse
- Manning v. Herrin Transportation Company 201 So. 2d 314 La. Ct. App. 4th Cir. 1967
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Sittig v. Southern Farm Bureau Casualty Ins. Co.
198 So. 2d 514
La. Ct. App. 3d Cir. 1967
We further find no abuse of the trial court's discretion in the award of general damages, in the absence of which the trial award is left undisturbed upon appellate review, LSA-Civil Code Art. 1934(3), , , Ballard v. National Indemnity Co., 246 La.
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Fish v. Martin
201 So. 2d 341
La. Ct. App. 3d Cir. 1967
LSA-Civil Code Art. 1934(3); Lomenick v. Schoeffler, La., (decided June 5, 1967); , ; Gaspard v. LeMaire, 245 La.
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Desselle v. Wilson
200 So. 2d 693
La. Ct. App. 3d Cir. 1967
LSA-Civil Code Art. 1934(3); , ; Ballard v. National Indemnity Co., 246 La.
- Newman v. Trinity Universal Insurance 200 So. 2d 755 La. Ct. App. 1st Cir. 1967
- Olds v. Ashley 200 So. 2d 1 La. 1967
- Olds v. Ashley 200 So. 2d 1 La. 1967
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French v. Ochsner Clinic
200 So. 2d 371
La. Ct. App. 4th Cir. 1967
963 , , , , and confine our review to determining whether there has been an abuse of the "much discretion" vested in the trial court in assessing damages, considering similar cases as relevant only for the purpose of determining whether there has been an abuse of that discretion.
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Murry v. Bankers Fire & Marine Insurance Company
198 So. 2d 532
La. Ct. App. 3d Cir. 1967
Considering the great discretion accorded the trial court in the award of general damages for personal injuries, , , we find no such manifest inadequacy or excessiveness in the trial court's award of $25,000 as would justify our increase or reduction upon appellate review.
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Broussard v. St. Paul Fire & Marine Insurance
198 So. 2d 458
La. Ct. App. 1st Cir. 1967
LSA-Civil Code Art. 1934(3); , ; Ballard v. National Indemnity Co., 246 La.
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Clouatre v. Toye Brothers Yellow Cab Company
193 So. 2d 344
La. Ct. App. 4th Cir. 1967
963 , , , , we have considered the amounts of awards granted or approved by appellate courts of this state for somewhat similar injuries to determine whether or not the award of $6,100 for the injuries suffered *349 by plaintiff in the instant case is excessive to the extent that it constitutes an abuse of the "
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Barrere v. Commercial Union Insurance Group
195 So. 2d 461
La. Ct. App. 4th Cir. 1967
963 , ; , ; Ourso v. Lumbermens Mutual Casualty Co., La.App., ; Davis v. Cooperative Cab Co., La.App., ; Ayres v. Great American Insurance Company, La.App., .
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Hincks v. Edge
194 So. 2d 400
La. Ct. App. 1st Cir. 1967
(1965); Ballard v. National Indem.
- Clark v. Keller 192 So. 2d 202 La. Ct. App. 1st Cir. 1966
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Jaeger v. Herald
186 So. 2d 365
La. Ct. App. 4th Cir. 1966
963 , , , , in considering the question of quantum we confine our review to determining whether there has been abuse of the `much discretion' vested in the trial court in assessing damages, considering similar and comparatively recent cases as relevant only for the purpose of determining whether there has been a
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Alexander v. Fidelity-Phoenix Insurance Co.
185 So. 2d 102
La. Ct. App. 1st Cir. 1966
963 , , , , in considering the question of quantum we confine our review to determining whether there has been abuse of the “much discretion” vested in the trial court in assessing damages, considering similar and comparatively recent cases as relevant only for the purpose of determining whether there has been a
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Carter v. Connecticut Fire Insurance
184 So. 2d 30
La. Ct. App. 1st Cir. 1966
963 , , , , and confine our review to determining whether there has been an abuse of the “much discretion” vested in the trial court in assessing damages, considering similar and comparatively recent cases as relevant only for the purpose of determining whether there has been an abuse of that discretion.
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Phillips v. Cohen
183 So. 2d 473
La. Ct. App. 4th Cir. 1966
963 , , , , and confine our review to determining whether there has been an abuse of the "much discretion" vested in the trial court in assessing damages, considering similar cases as relevant only for the purpose of determining whether there has been an abuse of that discretion.
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Daly v. Allstate Insurance
179 So. 2d 472
La. Ct. App. 1st Cir. 1965
963 , ; , ; Davis v. Cooperative Cab Company et al., La.App.