Cited by
Opinions in Louisiana that cite Meador v. Toyota of Jefferson, Inc., 332 So. 2d 433.
-
Pike v. Stephens Imports, Inc.
448 So. 2d 738
La. Ct. App. 4th Cir. 1984
Stephens next contends that plaintiff is not entitled to recover damages "for his inconvenience, loss of use, aggravation, delay and mental anguish" in a "breach of contract" action involving no tortious conduct.
-
Hebert v. Neyrey
445 So. 2d 1165
La. 1984
[4] In Meador v. Toyota of Jefferson, Inc., we held that non-pecuniary damages were recoverable under La.C.C.
-
Childers v. Davis
444 So. 2d 692
La. Ct. App. 1st Cir. 1984
In support of his contentions relative to damages for aggravation, distress and inconvenience, Mr. Davis cites Meador v. Toyota of Jefferson, Inc.
-
Caubarreaux v. Hines
442 So. 2d 898
La. Ct. App. 3d Cir. 1983
Art. 1934(3); Meador v. Toyota of Jefferson, Inc.
-
Smith v. Castro Bros. Corp.
443 So. 2d 660
La. Ct. App. 4th Cir. 1983
The landlord also argues that a tenant cannot recover mental anguish damages, citing Meador v. Toyota of Jefferson, Inc., a redhibition case.
-
State v. Alleman
439 So. 2d 418
La. 1983
Meador v. Toyota of Jefferson Inc., *420 Comment, Damages Ex Contractu, 48 Tul.L.Rev.
-
Franklin v. Able Moving & Storage Co., Inc.
439 So. 2d 489
La. Ct. App. 1st Cir. 1983
Meador v. Toyota of Jefferson, Inc.
-
Hubbard v. General Motors Corp.
438 So. 2d 671
La. Ct. App. 2d Cir. 1983
Typical of the cases are Meador v. Toyota of Jefferson, Inc., (La.App.
-
McManus v. Galaxy Carpet Mills, Inc.
433 So. 2d 854
La. Ct. App. 3d Cir. 1983
The majority in this matter resolves that issue in favor of plaintiff McManus on the basis of the analysis and exposition of law set forth in Meador v. Toyota of Jefferson, Inc., and various cases which have construed it.
-
F & F TRANSFER, INC. v. Tardo
425 So. 2d 874
La. Ct. App. 4th Cir. 1983
Meador v. Toyota of Jefferson, Inc., app. other grounds
-
Hartner v. Executive Industries, Inc.
424 So. 2d 274
La. Ct. App. 1st Cir. 1982
Meador v. Toyota of Jefferson, Inc.
-
Ducote v. Arnold
421 So. 2d 238
La. 1982
I consider the award contrary to Meador v. Toyota of Jefferson, Inc.
-
Williamson v. Alewine
417 So. 2d 64
La. Ct. App. 3d Cir. 1982
See Meador v. Toyota of Jefferson, Inc., Martin v. AAA Brick Company, Inc., (La.App.
-
Guthrie v. Rudy Brown Builders, Inc.
416 So. 2d 590
La. Ct. App. 5th Cir. 1982
The claim of the Guthries and Ragusas for mental anguish was not allowed by Judge Eason who cited the Supreme Court decision in Meador v. Toyota of Jefferson, Inc., to support his denial.
-
Ducote v. Arnold
416 So. 2d 180
La. Ct. App. 4th Cir. 1982
Defendant asserts it was error to award non-pecuniary damages, citing Meador v. Toyota of Jefferson, Inc., where damages were denied because of undue delay to repair a car.
-
Vick v. National Airlines, Inc.
409 So. 2d 383
La. Ct. App. 4th Cir. 1982
Art. 1934(3); Meador v. Toyota of Jefferson, Inc., (La.
-
Rogers v. Nelson Dodge, Inc.
407 So. 2d 443
La. Ct. App. 3d Cir. 1981
DAMAGES The damages recoverable for a breach of a service contract were set forth by the Supreme Court in the case of Meador v. Toyota of Jefferson, Inc., , 435 and 437 (La.1976): "Generally, recovery for damages upon the breach of a contract is limited to the loss a person has sustained or the profit of which he has been deprived....
- Banner Chevrolet, Inc. v. Kelt 402 So. 2d 747 La. Ct. App. 4th Cir. 1981
-
Lehn v. Clearview Dodge Sales, Inc.
400 So. 2d 317
La. Ct. App. 4th Cir. 1981
Accordingly, because we conclude plaintiff's judgment is in essence a reduction of the price, in support of its argument that non-pecuniary *321 damages are not permissible in an action for a rescission of the sale of a motor vehicle has no application to our case.
-
Leach v. Freeman
395 So. 2d 440
La. Ct. App. 3d Cir. 1981
Our Supreme Court in Meador v. Toyota of Jefferson, Inc., held that: "...
-
Philippe v. Browning Arms Co.
395 So. 2d 310
La. 1981
Meador v. Toyota of Jefferson, Inc.
-
Morris v. Deluxe Check Printers, Inc.
395 So. 2d 927
La. Ct. App. 2d Cir. 1981
Meador v. Toyota of Jefferson, Inc.
- Wallace v. Ford Motor Co. 395 So. 2d 884 La. Ct. App. 1st Cir. 1981
- Schreck v. One Hour Martinizing, Inc. 394 So. 2d 838 La. Ct. App. 1st Cir. 1981
-
DeBlieux v. Arkla Industries, Inc.
390 So. 2d 233
La. Ct. App. 3d Cir. 1981
Our Supreme Court specifically dealt with the issue of the recovery of damages for inconvenience, mental anguish, etc. in a contract case in Meador v. Toyota of Jefferson, Inc.
-
Paul v. Ford Motor Co.
392 So. 2d 704
La. Ct. App. 3d Cir. 1980
Meador v. Toyota of Jefferson, Inc., (La.
-
Cobb v. Coleman Oldsmobile, Inc.
393 So. 2d 402
La. Ct. App. 1st Cir. 1980
1st Cir. 1977); Meador v. Toyota of Jefferson, Inc.
-
Koncinsky v. Smith
390 So. 2d 1377
La. Ct. App. 3d Cir. 1980
Moreover, under Meador v. Toyota of Jefferson, Inc., these damages are not awardable in an action for breach of this type of contract.
-
Stipelcovich v. Mike Persia Chevrolet Co.
391 So. 2d 582
La. Ct. App. 4th Cir. 1980
Meador v. Toyota of Jefferson, Inc., (La.
-
Elliott v. Louisiana Intrastate Gas Corp.
390 So. 2d 571
La. Ct. App. 3d Cir. 1980
This is illustrated by our Supreme Court in the case of Meador v. Toyota of Jefferson, Inc., wherein it is stated: "...
-
Gele v. Markey
387 So. 2d 1162
La. 1980
The court of appeal, , affirmed the award of property damages, but set aside the award for emotional distress because the lease did not have intellectual enjoyment as its principal purpose, citing Meador v. Toyota of Jefferson, Inc.
-
Martin v. AAA Brick Co., Inc.
386 So. 2d 987
La. Ct. App. 3d Cir. 1980
Said article was interpreted by our Supreme Court in Meador v. Toyota of Jefferson, Inc., as follows: "...
-
Coddington v. Stephens Imports, Inc.
383 So. 2d 416
La. Ct. App. 4th Cir. 1980
Appellant refers us to the case of Meador v. Toyota of Jefferson, Inc., as authority for the principle that inconvenience resulting from tardy repairs is not recoverable as damages.
-
Seymore v. LA. SOIL STABILIZATION CO., INC.
381 So. 2d 571
La. Ct. App. 2d Cir. 1980
These circumstances are more akin to the repair of a defective automobile, as in Meador v. Toyota of Jefferson, Inc., than to creation or building of a distinctive and individually designed residence as in Whitener, supra, or as in Jack, supra.
-
Smith v. Andrepont
378 So. 2d 479
La. Ct. App. 1st Cir. 1980
Relative to the $500.00 award for inconvenience and mental stress, Meador v. Toyota of Jefferson, Inc., (La.
-
Bowes v. Fox-Stanley Photo Products, Inc.
379 So. 2d 844
La. Ct. App. 4th Cir. 1980
[5] In Meador v. Toyota of Jefferson, Inc., the Supreme Court denied recovery of non-pecuniary damages for the loss of intellectual enjoyment.
-
Ostrowe v. Darensbourg
377 So. 2d 1201
La. 1979
Relying on this Court's decision in Meador v. Toyota of Jefferson, Inc., the Court of Appeal found that the principal object of the contract was the utility, gratification and satisfaction of plaintiff's physical need for shelter and a place to live.
-
Riche v. Krestview Mobile Homes, Inc.
375 So. 2d 133
La. Ct. App. 3d Cir. 1979
Meador v. Toyota of Jefferson, Inc., Laughlin v. Fiat Distributors, Inc., (La.
-
Gele v. Markey
379 So. 2d 763
La. Ct. App. 4th Cir. 1979
[2] See Civil Code Article 1934; Meador v. Toyota of Jefferson, Inc., La., .
-
Ostrowe v. Darensbourg
369 So. 2d 1156
La. Ct. App. 1st Cir. 1979
Where the contract has for its object the gratification of some intellectual enjoyment, whether in religion, morality or taste, or some convenience or other legal gratification, although these are not appreciated in money by the parties, yet damages are due for their breach; * * * ” In the recent case of Meador v. Toyota of Jefferson, Inc., an action in which damages were sought for mental pain and anguish resulting from failure to timely repair an automobile, the Supreme Court interpreted Artic
-
Laughlin v. Fiat Distributors, Inc.
368 So. 2d 742
La. Ct. App. 3d Cir. 1979
" In Meador v. Toyota of Jefferson, Inc., our Supreme Court analyzed the origin of this section, and interpreted it as follows: " Where an object, or the exclusive object, of a contract, is physical gratification (or anything other than intellectual gratification) nonpecuniary damages as a consequence of nonfulfillment of that object are not recove
-
Robertson v. Jimmy Walker Chrysler-Plymouth
368 So. 2d 747
La. Ct. App. 3d Cir. 1979
Despite this attempt to distinguish his present situation from that present in Meador v. Toyota of Jefferson, Inc., we feel constrained by the language of the Louisiana Supreme Court in that leading decision.
-
Clinkscales v. Superior Pontiac-GMC, Inc.
365 So. 2d 895
La. Ct. App. 4th Cir. 1978
See Meador v. Toyota of Jefferson, Inc., La., .
-
Boisdore v. International City Bank & Trust Co.
361 So. 2d 925
La. Ct. App. 4th Cir. 1978
The appellee's reliance on Meador v. Toyota of Jefferson, Inc., La., (1976) is wholly misplaced.
-
Muller v. AK Durnin Chrysler-Plymouth, Inc.
361 So. 2d 1257
La. Ct. App. 1st Cir. 1978
With regard to the judgment of the trial court which awarded plaintiff the sum of $500 for inconvenience, the decision of the Supreme Court in Meador v. Toyota of Jefferson, Inc., is dispositive of the matter.
-
Whitener v. Clark
356 So. 2d 1094
La. Ct. App. 2d Cir. 1978
4th Cir. 1977), a case on a residential building contract directly in point, citing Meador v. Toyota of Jefferson, Inc.
-
Wheat v. Boutte Auto Sales
355 So. 2d 611
La. Ct. App. 4th Cir. 1978
Damages for aggravation, distress and inconvenience are not recoverable; Meador v. Toyota of Jefferson, Inc., La.1976, .
-
Barron v. Allstate Insurance
358 So. 2d 663
La. Ct. App. 1st Cir. 1978
1 Cir. 1972), in which appellee takes misguided solace, quoted its language *665 in Meador v. Toyota of Jefferson, Inc., which states: “We also deem it worth noting, however fundamental, that unlike the rule which we are required by the Civil Code to apply in this action for breach of contract, damages for mental anguish, aggravation, distress and inconvenience, are recoverable in an action sounding in tort.” In the DiGiova
-
Burns v. Lamar-Lane Chevrolet, Inc.
354 So. 2d 620
La. Ct. App. 1st Cir. 1977
Art. 1934 was so interpreted by our Supreme Court in Meador v. Toyota of Jefferson, Inc.
-
Alexander v. Qwik Change Car Center, Inc.
352 So. 2d 188
La. 1977
2769, 1934; Meador v. Toyota of Jefferson, Inc., La., (1976); 23 Loy.L.Rev.