Cited by
Opinions in Louisiana that cite Coco v. Winston Industries, Inc., 341 So. 2d 332.
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Guillory v. Avondale Shipyards, Inc.
448 So. 2d 1281
La. 1984
art. 1934(3); Coco v. Winston Industries, Inc.
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Jenkins v. Schwegmann's Bros. Giant Super Markets, Inc.
445 So. 2d 1326
La. Ct. App. 1st Cir. 1984
The Reck court further explained, citing Coco v. Winston Industries, Inc., that even after finding an abuse of discretion, the appellate court could reduce or increase the award only to bring it to the highest or lowest extreme that would have come within the trial court’s wide range of discretion.
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Ciuffi v. Wilson
445 So. 2d 1320
La. Ct. App. 1st Cir. 1984
much discretion must be left to the judge or jury_” In Coco v. Winston Industries, Inc., at 335 (La.1976), our Supreme Court stated, “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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Roque v. State Farm Mutual Automobile Insurance Co.
445 So. 2d 506
La. Ct. App. 1st Cir. 1984
We may not substitute our subjective belief as to the appropriate damages due; rather the finding below is to be honored in the absence of a “clear abuse of discretion.” Coco v. Winston Industries, Inc., (La.App.
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Benson v. Seagraves
445 So. 2d 187
La. Ct. App. 3d Cir. 1984
In elaborating on the methodology of appellate review of awards for general damages the Louisiana Supreme Court in Coco v. Winston Industries, Inc., stated that: "...
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Burnham v. Frey-Shoemaker-Colbert-Brodnax
445 So. 2d 477
La. Ct. App. 2d Cir. 1984
Coco v. Winston Industries, Inc., Black v. Ebasco Services, Inc., (La.App.
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Davila v. Southern Pacific Transp. Co.
444 So. 2d 1293
La. Ct. App. 5th Cir. 1984
1974); Coco v. Winston Industries, Inc.
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Richoux v. Hebert
449 So. 2d 491
La. Ct. App. 3d Cir. 1983
Coco v. Winston Industries, Inc.
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Meche v. Gulf States Utilities Co.
444 So. 2d 137
La. Ct. App. 3d Cir. 1983
$900,000.00 DAMAGES DUE THE REMAINING FIVE CHILDREN (Loss of Father) Defendant argues that pursuant to Coco v. Winston Industries, Inc., the appellate court should raise the "low award to the lowest point of the damage range, which is appropriate when a damage award must be increased."
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Farnsworth v. Lumbermens Mut. Cas. Co.
442 So. 2d 1340
La. Ct. App. 3d Cir. 1983
Coco v. Winston Industries, Inc., (La.
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Cummings v. Nixon
442 So. 2d 1291
La. Ct. App. 1st Cir. 1983
Art. 1934(3) provides that in the assessment of general damages, “much discretion must be left to the judge or jury * * *.” In elaborating on the methodology of appellate review of awards for general damages the Louisiana Supreme Court in Coco v. Winston Industries, Inc., stated that: “...
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Cooley v. Allstate Ins. Co.
443 So. 2d 739
La. Ct. App. 4th Cir. 1983
Art. 1813, we will review the verdict rendered by the jury under the manifest error standards set forth in Coco v. Winston Industries, Inc.
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Poynor v. Cure
443 So. 2d 1151
La. Ct. App. 5th Cir. 1983
Coco v. Winston Industries, Inc.
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Thibodaux v. Acme Truck Lines, Inc.
443 So. 2d 716
La. Ct. App. 5th Cir. 1983
Civil Code art. 1934(3); -501 (La.1979)
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Allen v. Keeney
442 So. 2d 1171
La. Ct. App. 1st Cir. 1983
Coco v. Winston Industries, Inc.
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Broome v. Gauthier
443 So. 2d 1127
La. Ct. App. 4th Cir. 1983
Coco v. Winston Industries, Inc., (La.
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Perrodin v. Zander
441 So. 2d 12
La. Ct. App. 3d Cir. 1983
Coco v. Winston Industries, Inc.
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Arena v. Winn-Dixie Louisiana, Inc.
441 So. 2d 73
La. Ct. App. 1st Cir. 1983
See, Miller v. Thomas, 258 La.
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Dawson v. James H. Stuart and Deaton, Inc.
437 So. 2d 974
La. Ct. App. 4th Cir. 1983
Coco v. Winston Industries, Inc.
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Hart v. Allstate Ins. Co.
437 So. 2d 823
La. 1983
La.Civ.Code art. 1934(3); Coco v. Winston Industries, Inc., (La.
- Langston v. Marsalis 436 So. 2d 735 La. Ct. App. 1st Cir. 1983
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Spears v. Aguilar
436 So. 2d 672
La. Ct. App. 4th Cir. 1983
The Louisiana Supreme Court, in Coco v. Winston Industries, Inc., declared: "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 the award.
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Larson v. Huskey
440 So. 2d 769
La. Ct. App. 4th Cir. 1983
We apply the standard enunciated in Coco v. Winston Industries, Inc., p. 335 (La.1976): *775 "that before a Court of Appeal can disturb an award made by a trial court that record must clearly reveal that the trier of fact abused its discretion in making its award.
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Davenport v. Nixon
434 So. 2d 1203
La. Ct. App. 1st Cir. 1983
Coco v. Winston Industries, Inc.
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Curry on Behalf of Curry v. Allstate Ins. Co.
435 So. 2d 1030
La. Ct. App. 4th Cir. 1983
In assessing general damages where the jury has erroneously awarded none, this court and the Third Circuit have uniformly held that the appellate court [under the guidelines of Coco v. Winston Industries, Inc., ] must award the lowest amount that the jury reasonably could have determined in its discretion.
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Rivet v. State, Through Dept. of Transp.
434 So. 2d 436
La. Ct. App. 3d Cir. 1983
Code Art. 1934(3); Coco v. Winston Industries, Inc.
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Pitre v. Aetna Life and Cas. Co.
434 So. 2d 191
La. Ct. App. 3d Cir. 1983
Coco v. Winston Industries, Inc.
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Holmes v. Christopher
435 So. 2d 1022
La. Ct. App. 4th Cir. 1983
Our review of the record in light of the guidelines set out by the Supreme Court in Coco v. Winston Industries, Inc., shows us that the award made by the trial court was not so low as to warrant an increase.
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Jacobs v. New Orleans Public Service, Inc.
432 So. 2d 843
La. 1983
Coco v. Winston Industries, Inc.
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Jacobs v. New Orleans Public Service, Inc.
432 So. 2d 843
La. 1983
Coco v. Winston Industries, Inc.
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Johnson v. Dufrene
433 So. 2d 1109
La. Ct. App. 4th Cir. 1983
Coco v. Winston Industries, Inc., La.Civil Code Art. 1934(3).
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Smith v. Jones
432 So. 2d 307
La. Ct. App. 1st Cir. 1983
The standard of appellate review in cases such as the present was set forth in Coco v. Winston Industries, Inc., as follows: “.
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Barker v. Loxco, Inc.
432 So. 2d 975
La. Ct. App. 1st Cir. 1983
Coco v. Winston Industries, Inc., (La.
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Sciortino v. Alfano
435 So. 2d 1010
La. Ct. App. 5th Cir. 1983
See Coco v. Winston Industries, Inc.
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Nolan v. Ochello
433 So. 2d 1100
La. Ct. App. 1st Cir. 1983
Coco v. Winston Industries, Inc.
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Duvernay v. ST. THROUGH DEPT. OF PUBLIC SAFETY
433 So. 2d 254
La. Ct. App. 1st Cir. 1983
1979); Coco v. Winston Industries, Inc.
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Williams v. McNeil
432 So. 2d 950
La. Ct. App. 1st Cir. 1983
Coco v. Winston Industries, Inc., (La.
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Brock v. New Orleans Public Service, Inc.
433 So. 2d 1083
La. Ct. App. 4th Cir. 1983
Coco v. Winston Industries, Inc.
- Clayton v. Clayton 431 So. 2d 1082 La. Ct. App. 2d Cir. 1983
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Taylor v. State
431 So. 2d 876
La. Ct. App. 2d Cir. 1983
Coco v. Winston Industries, Inc.
- Hart v. Allstate Ins. Co. 426 So. 2d 711 La. Ct. App. 1st Cir. 1983
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Johnson v. Carter
430 So. 2d 1163
La. Ct. App. 1st Cir. 1983
Coco v. Winston Industries, Inc.
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Melrose v. New Orleans Public Service, Inc.
430 So. 2d 230
La. Ct. App. 1st Cir. 1983
In following the guidelines set out by the Supreme Court in Coco v. Winston Industries, Inc., we conclude that the record clearly demonstrates that the jury abused its discretion in making its award, and we award only to the highest point which we believe is reasonably within the discretion of the trier of fact.
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Mathews v. Hanover Ins. Co.
428 So. 2d 1273
La. Ct. App. 3d Cir. 1983
Coco v. Winston Industries, Inc.
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Mose v. Brewer
428 So. 2d 1212
La. Ct. App. 1st Cir. 1983
Coco v. Winston Industries, Inc.
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Camatsos v. Aetna Cas. & Sur. Co.
428 So. 2d 1320
La. Ct. App. 3d Cir. 1983
Coco v. Winston Industries, Inc.
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McGee v. State Farm Mut. Auto. Ins.
428 So. 2d 1287
La. Ct. App. 3d Cir. 1983
3rd Cir.1976), writ granted, quantum judgment set aside
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Cullivan v. State Farm Mut. Auto. Ins. Co.
428 So. 2d 1231
La. Ct. App. 3d Cir. 1983
Only after such determination of abuse has been reached, is a resort to prior awards appropriate under Coco [ v. Winston Industries, Inc., (La.
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Samanie v. Bourg
434 So. 2d 149
La. Ct. App. 5th Cir. 1983
239 , (1963); Coco v. Winston Industries, Inc., (La.
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Cazes v. Raisinger
430 So. 2d 104
La. Ct. App. 5th Cir. 1983
Coco v. Winston Industries, Inc., rehearing denied January 21, 1977.