Cited by
Opinions in Louisiana that cite Coco v. Winston Industries, Inc., 341 So. 2d 332.
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Theriot v. Allstate Ins. Co.
625 So. 2d 1337
La. 1993
Our jurisprudence has consistently held that in the assessment of damages, much discretion is left to the judge or jury, and upon appellate review such awards will be disturbed only when there has been a clear abuse of that discretion, Coco v. Winston Industries, Inc., (La.
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Weeks v. TL James & Co. Inc.
626 So. 2d 420
La. Ct. App. 3d Cir. 1993
The Supreme Court further provides, in Coco v. Winston Industries, Inc., and in Reck v. Stevens, supra , that before a reviewing court can disturb an award made by a trial court, the record must clearly reveal that the trier of fact abused its discretion in making its award.
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Bosworth v. Authement
634 So. 2d 1205
La. Ct. App. 1st Cir. 1993
American Motorist Insurance Company v. American Rent-All, Inc., Coco v. Winston Industries, Inc.
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Feigler v. Transit Management of Southeast Louisiana, Inc.
626 So. 2d 385
La. Ct. App. 1st Cir. 1993
Coco v. Winston Industries, Inc., Biotun [Bitoun] v. Land [Landry] Spillers v. Montgomery Ward & Co.
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Bowers v. Viator
625 So. 2d 355
La. Ct. App. 3d Cir. 1993
Coco v. Winston Industries, Inc.
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Williams v. Diehl
625 So. 2d 251
La. Ct. App. 1st Cir. 1993
Coco v. Winston Industries, Inc.
- Theriot v. Lasseigne 624 So. 2d 1267 La. Ct. App. 3d Cir. 1993
- Alaywan v. Commercial Union Ins. Co. 625 So. 2d 243 La. Ct. App. 2d Cir. 1993
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Hoyt v. State Farm Mut. Auto. Ins. Co.
623 So. 2d 651
La. Ct. App. 1st Cir. 1993
Coco v. Winston Industries, Inc.
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Youn v. Maritime Overseas Corp.
623 So. 2d 1257
La. 1993
Coco v. Winston Industries, Inc., *1261 Spillers v. Montgomery Ward & Co.
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Norfleet v. Southern Baptist Hospital
623 So. 2d 891
La. Ct. App. 1st Cir. 1993
Coco v. Winston Industries, Inc., (La.App.
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Finnie v. Vallee
620 So. 2d 897
La. Ct. App. 4th Cir. 1993
Hobgood, supra at 346 ; Coco v. Winston Industries, Inc., (La.App.
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Berthelot v. Aetna Cas. and Sur. Co.
623 So. 2d 14
La. Ct. App. 1st Cir. 1993
Coco v. Winston Industries, Inc., (La.
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Risley v. State Farm Fire & Casualty Co.
620 So. 2d 950
La. Ct. App. 1st Cir. 1993
See Coco v. Winston Industries, Inc.
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Keeth v. STATE, EX REL. DEPT. OF PUBLIC SAFETY & TRANSP.
618 So. 2d 1154
La. Ct. App. 2d Cir. 1993
Coco v. Winston Industries, Inc., *1164 Clark v. Ark-La-Tex Auction, Inc., (La.App.
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Broussard v. Domingue
619 So. 2d 143
La. Ct. App. 3d Cir. 1993
For that reason, it is argued that this court is not subject to the standard of review enunciated in Coco v. Winston Industries, Inc., which teaches that before an appeal court may disturb an award made by a trial court, the record must clearly reveal that the trier of fact abused its much discretion in making its award.
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Breaux v. Maturin
619 So. 2d 174
La. Ct. App. 3d Cir. 1993
Coco v. Winston Industries, Inc., (La.App.
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Giamanco v. Epe, Inc.
619 So. 2d 842
La. Ct. App. 1st Cir. 1993
Since this increase is made to compensate plaintiff for damages not included in the trial court award, our award is de novo, and we are not limited to the principles of Coco v. Winston Industries, Inc.
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Daigle v. Legendre
619 So. 2d 836
La. Ct. App. 1st Cir. 1993
Under Coco v. Winston Industries, Inc., if the appellate court finds that the trial court abused its discretion in the amount of damages awarded, the court is limited in raising awards only to the lowest point which is reasonably within the discretion of the trial court.
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Theriot v. Theriot
622 So. 2d 257
La. Ct. App. 1st Cir. 1993
Coco v. Winston Industries, Inc.
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McKenzie v. Alton Ochsner Medical Foundation
621 So. 2d 6
La. Ct. App. 1st Cir. 1993
Coco v. Winston Industries, Inc.
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In Re Medical Review Panel Bilello
621 So. 2d 6
La. Ct. App. 4th Cir. 1993
Coco v. Winston Industries, Inc.
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Talamo v. Shad
619 So. 2d 699
La. Ct. App. 4th Cir. 1993
Coco v. Winston Industries, Inc.
- Bordelon v. SOUTH CENT. BELL TELEPHONE CO. 617 So. 2d 1337 La. Ct. App. 3d Cir. 1993
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Provost v. Provost
617 So. 2d 1267
La. Ct. App. 3d Cir. 1993
Coco v. Winston Industries, Inc., (La.App.
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Martino v. Sunrall
619 So. 2d 87
La. Ct. App. 1st Cir. 1993
Coco v. Winston Industries, Inc., (La.
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LaCombe v. Dr. Walter Olin Moss Reg. Hosp.
617 So. 2d 612
La. Ct. App. 3d Cir. 1993
Only after such determination of abuse has been reached, is *617 a resort to prior awards appropriate under Coco [ v. Winston Industries, Inc., ] for purposes of then determining what would be an appropriate award for the present case."
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Foster v. Town of Mamou
616 So. 2d 837
La. Ct. App. 1st Cir. 1993
Reck, supra; Coco v. Winston Industries, Inc.
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Ryland v. Liberty Lloyds Ins. Co.
617 So. 2d 583
La. Ct. App. 3d Cir. 1993
Coco v. Winston Industries, Inc., sets forth the applicable law: "We do reemphasize, however, that before a Court of Appeal can disturb an award made by a trial court that the record must clearly reveal that the trier of fact abused its discretion in making its award....
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Johnson v. Wal-Mart Stores, Inc.
616 So. 2d 817
La. Ct. App. 2d Cir. 1993
Carroll, supra ; Coco v. Winston Industries, Inc.
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Taylor v. State
617 So. 2d 1198
La. Ct. App. 3d Cir. 1993
Coco v. Winston Industries, Inc.
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Young v. Armadores De Cabotaje, SA
617 So. 2d 517
La. Ct. App. 4th Cir. 1993
Coco v. Winston Industries, Inc.
- Breaux v. J.C. Penney Co., Store 617 So. 2d 130 La. Ct. App. 1st Cir. 1993
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Hurst v. Drusilla Seafood of Hammond
616 So. 2d 749
La. Ct. App. 1st Cir. 1993
See Coco v. Winston Industries, Inc.
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Derouen v. Miller
614 So. 2d 1304
La. Ct. App. 3d Cir. 1993
In addressing Winn Dixie's assertions of error as to the district court's award of damages, Coco v. Winston Industries, Inc., is the applicable law: "We do reemphasize, however, that before a court of appeal can disturb an award made by a trial court that the record must clearly reveal that the trier of fact abused its discretion in making its award.
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Gulf Coast Bldg. Systems, Inc. v. UA SURETY CO. LTD.
614 So. 2d 1360
La. Ct. App. 3d Cir. 1993
3d Cir.1989); Coco v. Winston Industries, Inc.
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Alford v. Woods
614 So. 2d 1299
La. Ct. App. 3d Cir. 1993
Coco v. Winston Industries, Inc.
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Cay v. State, Department of Transportation & Development
614 So. 2d 1293
La. Ct. App. 1st Cir. 1993
Only after such determination of abuse has been reached, is a resort to prior awards appropriate under Coco [v. Winston Industries, Inc., ] for purposes of then determining what would be an appropriate award for the present case.
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Cockerham v. Atlantic Richfield Co.
615 So. 2d 547
La. Ct. App. 3d Cir. 1993
In addressing ARCO's assertions of error as to the district court's award of damages, Coco v. Winston Industries, Inc., is instructive: "We do reemphasize, however, that before a court of appeal can disturb an award made by a trial court that the record must clearly reveal that the trier of fact abused its discretion in making its award....
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Hernandez v. CONTINENTAL CASUALTY CAS. INS. CO.
615 So. 2d 484
La. Ct. App. 4th Cir. 1993
Coco v. Winston Industries, Inc.
- Nejame v. Hamiter 614 So. 2d 848 La. Ct. App. 2d Cir. 1993
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Guillory v. Terra Intern., Inc.
613 So. 2d 1084
La. Ct. App. 3d Cir. 1993
Coco v. Winston Industries, Inc.
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Cornett v. STATE THROUGH WO MOSS REG. HOSP
614 So. 2d 189
La. Ct. App. 3d Cir. 1993
Freeman, supra; Coco v. Winston Industries, Inc.
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Cornett v. State ex rel. W.O. Moss Regional Hospital
614 So. 2d 189
La. Ct. App. 1st Cir. 1993
Freeman, supra; Coco v. Winston Industries, Inc.
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Sumrall v. Sumrall
612 So. 2d 1010
La. Ct. App. 2d Cir. 1993
See Coco v. Winston Industries, Inc.
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Austin v. Pascarelli
612 So. 2d 201
La. Ct. App. 4th Cir. 1992
Coco v. Winston Industries, Inc.
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Morton v. Ray
611 So. 2d 841
La. Ct. App. 4th Cir. 1992
Coco v. Winston Industries, Inc.
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Touchard v. Williams
606 So. 2d 927
La. Ct. App. 3d Cir. 1992
Coco v. Winston Industries, Inc., (La.App.
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Hanewinckel v. ST. PAUL'S PROP. & LIABILITY INSURANCE, CO.
611 So. 2d 174
La. Ct. App. 5th Cir. 1992
$460,000 It has long been the law that in the assessment of damages, much discretion is left to the judge or jury, and upon appellate review such awards will be disturbed only when there has been a clear abuse of that discretion, Coco v. Winston Industries, Inc.
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Borgos v. Buras
611 So. 2d 764
La. Ct. App. 4th Cir. 1992
Reck, supra; Coco v. Winston Industries, Inc.