Cited by
Opinions in Louisiana that cite Coco v. Winston Industries, Inc., 341 So. 2d 332.
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Lee v. State
751 So. 2d 321
La. Ct. App. 1st Cir. 1999
Andrus v. State Farm Mutual Automobile Insurance Company, 95-0801, p. 8 (La.3/22/96), 670 * See also Coco v. Winston Industries, Inc.
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Whitehead v. Kansas City Southern Ry. Co.
758 So. 2d 211
La. Ct. App. 3d Cir. 1999
Coco v. Winston Industries, Inc.
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Hymel ex rel. Hymel v. Thomas
758 So. 2d 201
La. Ct. App. 1st Cir. 1999
Coco v. Winston Indus., Inc.
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Wainwright v. Fontenot
750 So. 2d 1077
La. Ct. App. 1st Cir. 1999
Coco v. Winston Indus., Inc.
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Guillot v. Valley Forge Ins. Co.
753 So. 2d 891
La. Ct. App. 3d Cir. 1999
239 , (1963) through Coco v. Winston Industries, Inc., and through Reck [ v. Stevens, ] to the present case is that the discretion vested in the trier of fact is "great," and even vast, so that an appellate court should rarely disturb an award of general damages.
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Duncan v. Kansas City Southern Ry. Co.
747 So. 2d 656
La. Ct. App. 3d Cir. 1999
Coco v. Winston Industries, Inc., (La.
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Cone v. National Emergency Services, Inc.
747 So. 2d 1085
La. 1999
Coco v. Winston Indus., Inc., (La.
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Fontenot v. Omni Ins. Group
745 So. 2d 716
La. Ct. App. 3d Cir. 1999
p. 8; 1210 citing Coco v. Winston Indus., Inc.
- Cheramie v. Contract Haulers, Inc. 754 So. 2d 987 La. Ct. App. 1st Cir. 1999
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Gray Ins. Co. v. Hunter
752 So. 2d 200
La. Ct. App. 4th Cir. 1999
239 , (1963) through Coco v. Winston Industries, Inc., and through Reck [3] to the present case is that the discretion vested in the trier of *202 fact is "great," and even vast, so that an appellate court should rarely disturb an award of general damages.
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Courteaux v. State Ex Rel. Dept. of Transp.
745 So. 2d 91
La. Ct. App. 4th Cir. 1999
1059 , 127 L.Ed.2d 379 (1994); Coco v. Winston Industries, Inc., Spillers v. Montgomery Ward & Co. Inc.
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Dixie Sav. and Loan Ass'n v. Pitre
751 So. 2d 911
La. Ct. App. 5th Cir. 1999
Coco v. Winston Industries, Inc., Theriot v. Allstate Ins.
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Blades v. Olivier
740 So. 2d 755
La. Ct. App. 1st Cir. 1999
Andrus, 670 So.2d at 1210 ; Coco v. Winston Industries, Inc.
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Johnson v. Louisiana Power & Light Co.
740 So. 2d 720
La. Ct. App. 4th Cir. 1999
Coco v. Winston Industries, Inc., The standard of review of general damage awards is difficult to express and is necessarily non-specific, and the requirement of an articulated basis for disturbing such awards gives little guidance as to what articulation suffices to justify modification of a generous or stingy award.
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James v. Beauregard Elec. Co-Op., Inc.
736 So. 2d 353
La. Ct. App. 3d Cir. 1999
Coco v. Winston Industries, Inc.
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Lederer v. Famous Entertainment, Inc.
732 So. 2d 1277
La. Ct. App. 4th Cir. 1999
While recognizing that, as in the quantum area, there is great uncertainty in the allocation of fault, the court adopted the rule in Coco v. Winston Industries, Inc., which pointed out that the ultimate determination by an appellate court as to whether a given judge or jury abused their `much discretion' as a matter of law is a judgment call.
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Buras v. Neipman
735 So. 2d 841
La. Ct. App. 1st Cir. 1999
See Coco v. Winston Industries, Inc.
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Mustiful v. Strickland
732 So. 2d 741
La. Ct. App. 1st Cir. 1999
On the other hand, if the answer is in the negative, then the trial court properly granted the JNOV, and its damage award based on its independent assessment of the dam *745 ages is the judgment of the trial court which is reviewed on appeal under the constraints of Coco [v. Winston Industries, Inc., ].
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Thibodeaux v. Wal-Mart Stores, Inc.
729 So. 2d 769
La. Ct. App. 1st Cir. 1999
In making this determination, the trial court is not bound by the constraints imposed on appellate courts by Coco v. Winston Industries, Inc., of raising the award *771 to the lowest point reasonably within the discretion afforded that court.
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McGinnis v. Piccadilly Cafeteria, Inc.
732 So. 2d 659
La. Ct. App. 1st Cir. 1999
See Coco v. Winston Indus., Inc.
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Lilley v. BOARD OF SUP'RS OF STATE UNIV.
735 So. 2d 696
La. Ct. App. 3d Cir. 1999
Coco v. Winston Industries, Inc., Spillers v. Montgomery Ward & Co., (La.
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Crews v. Babin
732 So. 2d 551
La. Ct. App. 5th Cir. 1999
[Citing Coco v. Winston Industries, Inc., ] "It is never appropriate for a Court of Appeal, having found that the trial court has abused its discretion, simply to decide what it considers an appropriate award on the basis of the evidence."
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Marchand v. Woods
729 So. 2d 186
La. Ct. App. 1st Cir. 1999
2324.1; American Motorist Insurance Company v. American Rent-All, Inc., Coco v. Winston Industries, Inc.
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Edwards v. Daugherty
729 So. 2d 1112
La. Ct. App. 3d Cir. 1999
Coco v. Winston Industries, Inc., (La.App.
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Pryor v. UNITED SERVICES AUTO. ASSOC.
729 So. 2d 658
La. Ct. App. 4th Cir. 1999
Coco v. Winston Industries, Inc., cert.
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Jackson v. Palmer
727 So. 2d 636
La. Ct. App. 1st Cir. 1999
Coco v. Winston Industries, Inc., cert.
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Hardy v. Poydras Properties
737 So. 2d 793
La. Ct. App. 4th Cir. 1999
Coco v. Winston Industries, Inc.
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Kistner v. King
726 So. 2d 68
La. Ct. App. 5th Cir. 1998
Coco v. Winston Industries, Inc.
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Young v. Louisiana Medical Mut. Ins. Co.
725 So. 2d 539
La. Ct. App. 5th Cir. 1998
Coco v. Winston Industries, Inc., (La.
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Holt v. Cannon Exp. Corp.
722 So. 2d 433
La. Ct. App. 2d Cir. 1998
Anderson, supra; Coco v. Winston Industries, Inc., (La.
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Havard v. Children's Clinic of Southwest Louisiana, Inc.
722 So. 2d 1178
La. Ct. App. 1st Cir. 1998
Following the principles set forth in Coco v. Winston Ind., Inc., we increase the award for survival damages to $25,000.00.
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Smith v. Davill Petroleum Co., Inc.
744 So. 2d 23
La. Ct. App. 1st Cir. 1998
If the award is not manifestly erroneous, then the trial court damage award based on its independent assessment of the damages is reviewed on appeal under the constraints of Coco v. Winston Industries, Inc., i.e., the abuse of discretion standard of review.
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Bell v. Ayio
731 So. 2d 893
La. Ct. App. 1st Cir. 1998
Coco v. Winston Industries, Inc.
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Fox v. Texaco, Inc.
722 So. 2d 1064
La. Ct. App. 1st Cir. 1998
Andrus v. State Farm Mutual Automobile Insurance Company, 95-0801, p. 8 (La.3/22/96); ; See also Coco v. Winston Industries, Inc.
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Dufrene v. Willingham
721 So. 2d 1026
La. Ct. App. 5th Cir. 1998
Our Coco ( Coco v. Winston Industries, Inc., (La.
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Turner v. Parish of Jefferson Through Dept. of Recreation
721 So. 2d 64
La. Ct. App. 5th Cir. 1998
Coco v. Winston Industries, Inc., (La.
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Genusa v. Robert
720 So. 2d 166
La. Ct. App. 5th Cir. 1998
239 , (1963) through Coco v. Winston Industries, Inc., to the present case is that the discretion vested in the trier of fact is `great,' and even vast, so that an appellate court should rarely disturb an award of general damages.
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Hopstetter v. Nichols
716 So. 2d 458
La. Ct. App. 5th Cir. 1998
Coco v. Winston Industries, Inc.
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Abuan v. Smedvig Tankships, Ltd.
717 So. 2d 1194
La. Ct. App. 4th Cir. 1998
Coco v. Winston Indus., Inc.
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Washington v. Daste
749 So. 2d 1
La. Ct. App. 1st Cir. 1998
239 , (1963) through Coco v. Winston Industries, Inc., and through Reck [v. Stevens, ] to the present case is that the discretion vested in the trier of fact is “great,” and even vast, so that an appellate court should rarely disturb an award of general damages.
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Muse v. Dunbar
716 So. 2d 110
La. Ct. App. 3d Cir. 1998
Coco v. Winston Indus., Inc.
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Cormier v. THE Ins. Co.
716 So. 2d 387
La. Ct. App. 3d Cir. 1998
239 , (1963) through Coco v. Winston Industries, Inc., and through Reck [v. Stevens, ] to the present case is that the discretion vested in the trier of fact is "great," and even vast, so that an appellate court should rarely disturb an award of general damages.
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Brasseaux v. Town of Mamou
713 So. 2d 742
La. Ct. App. 3d Cir. 1998
Coco v. Winston Industries, Inc., Spillers v. Montgomery Ward & Co.
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Harrington v. La. State Bd. of Elementary and Secondary Educ.
714 So. 2d 845
La. Ct. App. 4th Cir. 1998
at 1260; Coco v. Winston Industries, Inc.
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Allstate Insurance v. Reynolds
712 So. 2d 981
La. Ct. App. 1st Cir. 1998
239 , (1963) through Coco v. Winston Industries, Inc., and through Reck [v. Stevens, ] to the present case is that the discretion vested in the trier of fact is “great,” and even vast, so that an appellate comb should rarely disturb an award of general damages.
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Williams v. City of Baton Rouge
715 So. 2d 15
La. Ct. App. 1st Cir. 1998
In Youn v. Maritime Overseas Corp., 623 So.2d at 1260 , (citing Coco v. Winston Industries, Inc., ) the court stated: "Only after such a determination of an abuse of discretion is a resort to prior awards appropriate and then for the purpose of determining the highest or lowest point which is reasonably within that discretion."
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Landry v. Clement
711 So. 2d 829
La. Ct. App. 3d Cir. 1998
Coco v. Winston Indus., Inc.
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Johnson v. Clark
710 So. 2d 316
La. Ct. App. 1st Cir. 1998
On the other hand, if the answer is in the negative, then the trial court properly granted the JNOV, and its damage award based on its independent assessment of the damages is the judgment of the trial court which is reviewed on appeal under the constraints of Coco [v. Winston Industries, Inc., ].
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Bell v. USAA Cas. Ins. Co.
707 So. 2d 102
La. Ct. App. 2d Cir. 1998
Hae Woo Youn v. Maritime Overseas Corp., 92-3017 (La.10/7/93)
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Sanders v. International Indem. Co.
708 So. 2d 772
La. Ct. App. 3d Cir. 1998
239 , (1963) through Coco v. Winston Industries, Inc., ...