Cited by
Opinions in Louisiana that cite Coco v. Winston Industries, Inc., 341 So. 2d 332.
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Richard v. Trahan
417 So. 2d 103
La. Ct. App. 1st Cir. 1982
The standard of appellate review for such trial court determinations was set forth in Coco v. Winston Industries, Inc., (La.
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Williams v. Winn Dixie Louisiana, Inc.
418 So. 2d 13
La. Ct. App. 1st Cir. 1982
2d Cir. 1977); Coco v. Winston Industries, Inc.
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Guidry v. State, Department of Transportation & Development
416 So. 2d 595
La. Ct. App. 5th Cir. 1982
In interpreting Article 1934(3) our Supreme Court has held in Coco v. Winston Industries, Inc., La., (1976), at page 335: “ * * * [Bjefore 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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Merrell v. State, Through Dept. of Transp.
415 So. 2d 660
La. Ct. App. 3d Cir. 1982
The standard of appellate review for such trial court determinations was set forth in Coco v. Winston Industries, Inc., : "We do reemphazise, 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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Stewart v. Hanover Ins. Co.
416 So. 2d 286
La. Ct. App. 3d Cir. 1982
Coco v. Winston Industries, Inc.
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Alleman v. State, Dept. of Highways
416 So. 2d 272
La. Ct. App. 3d Cir. 1982
The Supreme Court, in Coco v. Winston Industries, Inc., (La.
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Durrett v. State
416 So. 2d 562
La. Ct. App. 1st Cir. 1982
Under the guidelines of Coco v. Winston Industries, Inc., rehearing denied 1977, as a reviewing court we can only lower the award to the highest figure the trial court could have granted without abusing its discretion.
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Palermo v. Allstate Ins. Co.
415 So. 2d 437
La. Ct. App. 1st Cir. 1982
Hence, and Coco v. Winston Industries, Inc., we reduce the award to plaintiffs Sardo and Mary Palermo, as beneficiaries of the Estate of Glinda Steib, to the sum of $15,000 for the loss of each child, or a total of $30,000.
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Broussard v. Foremost Insurance
415 So. 2d 420
La. Ct. App. 1st Cir. 1982
Article 1934 of our Civil Code allows the trier of fact much discretion in fixing a money amount in cases of this sort and we can find no reason to say that a $25,000.00 award in this case is an abuse of that discretion; Coco v. Winston Industries, Inc., , (La.1976).
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Roe v. Somerson
419 So. 2d 1249
La. Ct. App. 1st Cir. 1982
Coco v. Winston Industries, Inc.
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Bethea v. La. Dept. of Transp. & Development
415 So. 2d 535
La. Ct. App. 1st Cir. 1982
Coco v. Winston Industries, Inc.
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Rodrigue v. Matherne
416 So. 2d 577
La. Ct. App. 1st Cir. 1982
Coco v. Winston Industries, Inc.
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Minton v. Saint Bernard Parish School Board
416 So. 2d 167
La. Ct. App. 1st Cir. 1982
set forth explicit guidelines to be used by appellate courts in determining whether the trial judge abused the great discretion allowed him.
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Wright v. Ouachita Coca-Cola Bottling Co.
415 So. 2d 309
La. Ct. App. 2d Cir. 1982
Coco v. Winston Industries, Inc.
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Alphonso v. CHARITY HOSP. OF LOUISIANA, ETC.
413 So. 2d 982
La. Ct. App. 4th Cir. 1982
The Louisiana Supreme Court in Coco v. Winston Industries, Inc., stated: 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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Prestridge v. COMMERCIAL UNION ASSUR. COS.
413 So. 2d 959
La. Ct. App. 3d Cir. 1982
Coco v. Winston Industries, Inc.
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Thomas v. State Farm Insurance
413 So. 2d 293
La. Ct. App. 1st Cir. 1982
Coco v. Winston Industries, Inc., LSA-C.C.
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Cage v. Shainberg's Stores of La.
413 So. 2d 564
La. Ct. App. 1st Cir. 1982
Coco v. Winston Industries, Inc., (La.App.
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Tucker v. Howes
413 So. 2d 585
La. Ct. App. 1st Cir. 1982
Coco v. Winston Industries, Inc., (La.App.
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Bullard v. STATE, DEPT. OF TRANSP., ETC.
413 So. 2d 606
La. Ct. App. 1st Cir. 1982
1979), and Coco v. Winston Industries, Inc., we find that the trial court's awards in the instant case are of such a magnitude and are so substantially higher than in other similar cases (being twice as high as the highest award in the cited cases) as to be an abuse of discretion.
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Coignet v. Deubert
413 So. 2d 253
La. Ct. App. 4th Cir. 1982
Coco v. Winston Industries, Inc.
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Butler v. Pardue
415 So. 2d 249
La. Ct. App. 2d Cir. 1982
Coco v. Winston Industries, Inc.
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Faulk v. Cagle Supply, Inc.
412 So. 2d 1020
La. 1982
Coco v. Winston Industries, Inc., Mil ler v. Thomas, 258 La.
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Smith v. Lumbermen's Mut. Cas. Co.
414 So. 2d 1281
La. Ct. App. 3d Cir. 1982
art. 1934(3); Coco v. Winston Industries, Inc.
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Chesson v. American Hardware Mut. Ins. Co.
412 So. 2d 186
La. Ct. App. 3d Cir. 1982
Coco v. Winston Industries, Inc., (La.
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Faulk v. Schlumberger Well Services
412 So. 2d 162
La. Ct. App. 3d Cir. 1982
In making appropriate adjustment we must conform to the rules for appellate review of quantum awards set forth in Coco v. Winston Industries, Inc., (La.
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Dunn v. Redman Homes, Inc.
411 So. 2d 722
La. Ct. App. 3d Cir. 1982
Coco v. Winston Industries, Inc.
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Coco v. Richland General Contractors, Inc.
411 So. 2d 1260
La. Ct. App. 3d Cir. 1982
Under the circumstances, we reduce the total award to a total of $30,000.00.
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Bunkie Funeral Home, Inc. v. McNutt
414 So. 2d 1263
La. Ct. App. 3d Cir. 1982
We therefore shall award, under the principles of Coco v. Winston Industries, Inc., the lowest amount which could reasonably have been awarded for the damages to Mr. Keys by the trier of fact.
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Dollacker v. Schimek
411 So. 2d 643
La. Ct. App. 4th Cir. 1982
Coco v. Winston Industries, Inc.
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Brouillette v. Ward
412 So. 2d 138
La. Ct. App. 1st Cir. 1982
Reck v. Stevens, supra; Coco v. Winston Industries, Inc.
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Green v. Farmers Ins. Co.
412 So. 2d 1136
La. Ct. App. 2d Cir. 1982
Coco v. Winston Industries, Inc.
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Smith v. State ex rel. Department of Transportation & Development
412 So. 2d 685
La. Ct. App. 1st Cir. 1982
Coco v. Winston Industries, Inc., Carollo, supra.
- Unbehagen v. Bollinger Workover, Inc. 411 So. 2d 507 La. Ct. App. 1st Cir. 1982
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Black v. Ebasco Services, Inc.
411 So. 2d 1159
La. Ct. App. 1st Cir. 1982
Coco v. Winston Industries, Inc., (La.
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Smith v. STATE, THROUGH DEPT. OF TRANSP., ETC.
412 So. 2d 685
La. Ct. App. 2d Cir. 1982
Coco v. Winston Industries, Inc., Carollo, supra .
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Lawrence v. Grant Parish School Bd.
409 So. 2d 1316
La. Ct. App. 3d Cir. 1982
The Louisiana Supreme Court, in Coco v. Winston Industries, Inc., (La.
- Kinchen v. Rigamer 411 So. 2d 482 La. Ct. App. 1st Cir. 1982
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Martinez v. UNITED STATES FID. & GUARANTY
412 So. 2d 109
La. Ct. App. 4th Cir. 1982
But, in this case, we conclude the rule of Coco v. Winston Industries, Inc., La., , and similar cases compels us to affirm the general damages award.
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Johnson v. Doe
410 So. 2d 365
La. Ct. App. 4th Cir. 1982
See Coco v. Winston Industries, Inc., (La.
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Jones v. MFA Mut. Ins. Co.
410 So. 2d 1190
La. Ct. App. 3d Cir. 1982
The Louisiana Supreme Court, in Coco v. Winston Industries, Inc., (La.
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Noel v. Demouchette
410 So. 2d 1291
La. Ct. App. 1st Cir. 1982
In order to determine an appropriate award for general damages the appellate court should apply the test of Coco v. Winston Industries, Inc., and we quote: “We do re-emphasize, however, that before a Court of Appeal can disturb an award made by a trial court that the record must dearly reveal that the trier of fact abused its discretion in making its award.
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Bantin v. State ex rel. Department of Transportation & Development
411 So. 2d 65
La. Ct. App. 1st Cir. 1982
He stated also that in his opinion surgery would improve her appearance and breathing, but that it may not improve her diminished sense of smell, which was occasioned by the accident.” As we examine damage awards, we are guided by the principles enunciated in the case of Coco v. Winston Industries, Inc., where the Supreme Court held as follows: “ ‘Unless the record demonstrates that the trial court abused the “much discretion” provided for in fixing damages (C.C.1934), the appellate court should
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Bantin v. STATE, THROUGH DEPT. OF TRANSP., ETC.
411 So. 2d 65
La. Ct. App. 3d Cir. 1982
As we examine damage awards, we are guided by the principles enunciated in the case of Coco v. Winston Industries, Inc., where the Supreme Court held as follows: "`Unless the record demonstrates that the trial court abused the "much discretion" provided for in fixing damages (C.C.1934), the appellate court should not disturb the award....
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Ryals v. Home Ins. Co.
410 So. 2d 827
La. Ct. App. 3d Cir. 1982
We recognize that, under Coco v. Winston Industries, Inc., "...
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Castille v. Melancon
410 So. 2d 1224
La. Ct. App. 3d Cir. 1982
We note that in Coco [v. Winston Industries, La., ] supra, the Supreme Court stated that a determination as to whether or not an abuse of discretion exists is a `judgment call'."
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Gonzalez v. Lockette
410 So. 2d 265
La. Ct. App. 1st Cir. 1982
CoCo v. Winston Industries, Inc.
- Franco v. Kar Products, Inc. 409 So. 2d 1238 La. Ct. App. 1st Cir. 1982
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Coupel v. McLean
409 So. 2d 685
La. Ct. App. 1st Cir. 1981
Coco v. Winston Industries, Inc.
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Fenetz v. Stine
407 So. 2d 1381
La. Ct. App. 3d Cir. 1981
Coco v. Winston Industries, Inc., (La.App.