50533 Precedential Processed

Poche v. Frazier

Louisiana Supreme Court · Filed June 8, 1970 · 236 So. 2d 36

Also decided on this docket: La., June 8, 1970 236 So. 2d 36

Cited by

Billiot v. Estate of Richardson 655 So. 2d 443 La. Ct. App. 1st Cir. 1995
Carmen v. Gonzalez 637 So. 2d 1108 La. Ct. App. 4th Cir. 1994
Davis v. Kreutzer 633 So. 2d 796 La. Ct. App. 4th Cir. 1994
McKenzie v. Alton Ochsner Medical Foundation 621 So. 2d 6 La. Ct. App. 1st Cir. 1993
In Re Medical Review Panel Bilello 621 So. 2d 6 La. Ct. App. 4th Cir. 1993
Durkee v. City of Shreveport 587 So. 2d 722 La. Ct. App. 2d Cir. 1991
Holliday v. United Services Auto. Ass'n 569 So. 2d 143 La. Ct. App. 1st Cir. 1990
Hargroder v. Protective Life Ins. Co. 556 So. 2d 991 La. Ct. App. 3d Cir. 1990
Dowe v. Grady 540 So. 2d 1040 La. Ct. App. 2d Cir. 1989
Reilly v. State 533 So. 2d 1341 La. Ct. App. 3d Cir. 1988
Highlands Ins. Co. v. Missouri Pacific RR Co. 532 So. 2d 317 La. Ct. App. 3d Cir. 1988
McGraw v. Orleans Parish School Bd. 519 So. 2d 847 La. Ct. App. 4th Cir. 1988

Opinion text

The application is denied. There appears no error of law in the judgment complained of and according to the facts, as found by the Court of Appeal, the judgment is correct. However, plaintiffs’ right to recover all or any medical expenses incurred since the trial of the case is reserved. SUMMERS, Justice, is of the opinion the writ should be granted. In granting the right to claim future medical expenses this Court has reversed the Court of Appeal finding that there was no proof to support that claim. The Court’s action is taken on the basis of an application for writs without the benefit of the record evidence, an action unprecedented in the jurisprudence of this Court. Moreover, no plausible or convincing reason is assigned by the Court of Appeal for reducing the awards, and that action of the Court should be reviewed.