Cited by
Opinions in Louisiana that cite Coco v. Winston Industries, Inc., 341 So. 2d 332.
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Archie v. BD. OF SUP'RS OF LA. STATE UNIV.
543 So. 2d 1348
La. Ct. App. 1st Cir. 1989
Ard v. Samedan Oil Corporation, supra ; Carollo v. Wilson, supra ; Coco v. Winston Industries, Inc., Sexton v. Louisiana Vacuum Services, Inc., supra .
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Finkelstein v. Pena
538 So. 2d 1022
La. Ct. App. 1st Cir. 1989
Coco v. Winston Industries, Inc., Reck v. Stevens, supra; (La.App.
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Roger v. Cancienne
538 So. 2d 670
La. Ct. App. 4th Cir. 1989
Coco v. Winston Industries, Inc.
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Levie v. Orleans Parish School Bd.
537 So. 2d 351
La. Ct. App. 4th Cir. 1988
Coco v. Winston Industries, Inc.
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Carlin v. Blanchard
537 So. 2d 303
La. Ct. App. 1st Cir. 1988
Coco v. Winston Industries, Inc., (La.
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Creel v. SA Tarver & Son Tractor Co.
537 So. 2d 752
La. Ct. App. 1st Cir. 1988
No. 1, Coco v. Winston Industries, Inc.
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Sayes v. Pilgrim Manor Nursing Home, Inc.
536 So. 2d 705
La. Ct. App. 3d Cir. 1988
Coco v. Winston Industries, Inc.
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Trahan v. State, Dept. of Transp. & Dev.
536 So. 2d 1269
La. Ct. App. 3d Cir. 1988
QUANTUM In addressing plaintiff's assertions of error as to the district court's award of damages we quote the applicable law as set forth by the Louisiana Supreme Court in Coco v. Winston Industries, Inc., : "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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Darby v. Allstate Insurance Co.
535 So. 2d 1250
La. Ct. App. 1st Cir. 1988
Coco v. Winston Industries, Inc.
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Vice v. Aetna Casualty & Surety Co.
535 So. 2d 1275
La. Ct. App. 1st Cir. 1988
If the appellate court disturbs an award, its authority is limited to lowering it (or raising it) to the highest (or the lowest) point which is reasonable., Coco v. Winston Industries, Inc.
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Segura v. United States Fidelity & Guaranty Co.
535 So. 2d 1257
La. Ct. App. 1st Cir. 1988
The Louisiana Supreme Court in Coco v. Winston Industries, Inc., advised that it is "never appropriate for a Court of Appeal ...
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State Farm Mutual Automobile Insurance Co. v. Guidry
536 So. 2d 716
La. Ct. App. 1st Cir. 1988
construing the ‘much discretion’ given to the judge or jury by LSA-C.C.
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Gullo v. Sewerage & Water Board of New Orleans
535 So. 2d 23
La. Ct. App. 1st Cir. 1988
CoCo v. Winston Industries, Inc.
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Wallace v. Upjohn Co.
535 So. 2d 1110
La. Ct. App. 1st Cir. 1988
Coco v. Winston Industries, Inc.
- Marcel v. Allstate Ins. Co. 536 So. 2d 632 La. Ct. App. 1st Cir. 1988
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Thompson v. PetroUnited Terminals, Inc.
536 So. 2d 504
La. Ct. App. 1st Cir. 1988
Coco v. Winston Industries, Inc.
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Bernard v. Casualty Reciprocal Exchange
534 So. 2d 1348
La. Ct. App. 5th Cir. 1988
Coco v. Winston Industries, Inc. A survey of the most similar types of injuries convinces this court that the lowest possible award due to plaintiff in accordance with the evidence presented in this case and reasonably within the discretion of this court for past suffering is the amount of $15,000.00 and future pain and su
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Ardoin v. Dixieland Foods, Inc.
534 So. 2d 107
La. Ct. App. 1st Cir. 1988
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.” (Citations and footnotes omitted.)
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Fredericks v. Louisiana Farm Bureau
534 So. 2d 139
La. Ct. App. 1st Cir. 1988
Coco v. Winston Industries, Inc.
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LeBlanc v. Wal-Mart Stores, Inc.
533 So. 2d 1334
La. Ct. App. 1st Cir. 1988
Coco v. Winston Industries, Inc.
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Riche v. City of Baton Rouge
541 So. 2d 905
La. Ct. App. 1st Cir. 1988
Coco v. Winston Industries, Inc.
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Street v. Equitable Petroleum Corp.
532 So. 2d 887
La. Ct. App. 5th Cir. 1988
Coco v. Winston Industries, Inc.
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Aikens v. State Farm Insurance
532 So. 2d 554
La. Ct. App. 1st Cir. 1988
Reck, supra; Coco v. Winston Industries, Inc., Darbonne, supra.
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Johnson v. Kansas City Southern Ry. Co.
531 So. 2d 773
La. Ct. App. 3d Cir. 1988
QUANTUM In addressing plaintiff's assertions of error as to the jury's award of damages we quote the applicable law as set forth by the Louisiana Supreme Court in Coco v. Winston Industries, Inc., (La.
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Zimmerman v. Collins
529 So. 2d 529
La. Ct. App. 1st Cir. 1988
See, La.Civ.Code art. 1999 (1984); Coco v. Winston Industries, Inc., (La.App.
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Redondo v. CONSOL. FREIGHTWAYS CORP. OF DELAWARE
529 So. 2d 1296
La. Ct. App. 4th Cir. 1988
Coco v. Winston Industries, Inc.
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Moreau v. State ex rel. Department of Transportation & Development
527 So. 2d 1221
La. Ct. App. 1st Cir. 1988
Coco v. Winston Industries, Inc.
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Moreau v. STATE EX REL. DOTD
527 So. 2d 1221
La. Ct. App. 3d Cir. 1988
Coco v. Winston Industries, Inc.
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Lasswell v. Matlack, Inc.
527 So. 2d 1199
La. Ct. App. 3d Cir. 1988
* * * Only after such determination of abuse has been reached, is a resort to prior awards appropriate under Coco [ v. Winston Industries, (La.
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Harris v. Wright Furniture of Gonzales
527 So. 2d 1063
La. Ct. App. 1st Cir. 1988
As stated by the Louisiana Supreme Court in Coco v. Winston Industries, Inc., : 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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Landry v. State Farm Ins. Co.
529 So. 2d 417
La. Ct. App. 1st Cir. 1988
Coco v. Winston Industries, Inc.
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Pearce v. Baltazar
529 So. 2d 1291
La. Ct. App. 1st Cir. 1988
Coco v. Winston Industries, Inc.
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Koury v. Lanier Exp., Inc.
528 So. 2d 734
La. Ct. App. 3d Cir. 1988
1980); Coco v. Winston Industries, Inc.
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Adams v. Hartford Acc. & Indem. Co.
525 So. 2d 1211
La. Ct. App. 1st Cir. 1988
As stated by our supreme court in Coco v. Winston Industries, Inc., : 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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Amedee v. Cruse
526 So. 2d 433
La. Ct. App. 4th Cir. 1988
Coco v. Winston Ind., Inc.
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Knopfer v. La. Patient's Comp. Fund
527 So. 2d 326
La. Ct. App. 4th Cir. 1988
Coco v. Winston Industries, Inc.
- Trahan v. Gulf Insurance Co. 525 So. 2d 1164 La. Ct. App. 1st Cir. 1988
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Meshell v. Shamsie
528 So. 2d 1023
La. Ct. App. 3d Cir. 1988
On the issue of general damages we recognize the general rule of appellate review first espoused by the Louisiana Supreme Court in Coco v. Winston Industries, Inc., as follows: "We do re-emphasize, 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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Campbell v. Louisiana Intrastate Gas Corp.
528 So. 2d 626
La. Ct. App. 2d Cir. 1988
Coco v. Winston Industries, Inc.
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Fields v. Senior Citizens Center, Inc.
528 So. 2d 573
La. Ct. App. 2d Cir. 1988
Coco v. Winston Industries, Inc., Towns v. Georgia Casualty & Surety Co., (La.App.
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Notto v. Brown
525 So. 2d 251
La. Ct. App. 1st Cir. 1988
Coco v. Winston Indus., Inc.
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Aucoin v. Mc B R Management Co.
525 So. 2d 265
La. Ct. App. 1st Cir. 1988
Thus, the jury clearly abused its discretion and under the standards set for our review in Reck v. Stevens, 373 So.2d at 501 , and Coco v. Winston Industries, Inc., we are bound to correct the award.
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Calloway v. City of New Orleans
524 So. 2d 182
La. Ct. App. 4th Cir. 1988
Coco v. Winston Industries, Inc.
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King v. Louviere
524 So. 2d 65
La. Ct. App. 3d Cir. 1988
La.Civ.Code art. 1934(3) (1870) (in effect on December 1, 1983); Coco v. Winston Industries, Inc.
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LeBleu v. Dynamic Indus. Constructors, Inc.
526 So. 2d 1184
La. Ct. App. 3d Cir. 1988
Coco v. Winston Industries, Inc.
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Moon v. City of Baton Rouge
522 So. 2d 117
La. Ct. App. 1st Cir. 1988
Coco v. Winston Industries, Inc.
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Tracy v. Jefferson Parish
523 So. 2d 266
La. Ct. App. 5th Cir. 1988
Coco v. Winston Industries, Inc., Emerson v. Empire Fire & Marine Ins.
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Lewis v. MacKe Bldg. Services, Inc.
524 So. 2d 16
La. Ct. App. 5th Cir. 1988
Here, the inquiry is whether the trier of fact abused his much discretion in fixing this award, Coco v. Winston Industries, Inc., *22 (La.1977)
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Pattison v. BF Goodrich Co.
522 So. 2d 1212
La. Ct. App. 4th Cir. 1988
Coco v. Winston Industries, Inc.
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Conner v. Motel 6, Inc.
521 So. 2d 1248
La. Ct. App. 1st Cir. 1988
Coco v. Winston Industries, Inc.