Cited by
Opinions in Louisiana that cite Coco v. Winston Industries, Inc., 341 So. 2d 332.
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Hebert v. Schwegmann Bros. Giant Supermarkets, Inc.
396 So. 2d 479
La. Ct. App. 1st Cir. 1981
The standard of review of awards for general damages was established by the Supreme Court of Louisiana in Coco v. Winston Industries, Inc., (La.
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Steib v. Schwegmann Bros. Giant Supermarkets, Inc.
396 So. 2d 464
La. Ct. App. 4th Cir. 1981
Coco v. Winston Industries, Inc., established the standard for appellate review of awards for general damages when it stated, at 335: "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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Mizell v. State, Through La. Dept. of Hwys.
398 So. 2d 1136
La. Ct. App. 1st Cir. 1981
Coco v. Winston Industries, Inc.
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Anderson v. Safeco Insurance
396 So. 2d 322
La. Ct. App. 1st Cir. 1981
CC Art. 1934(3); Coco v. Winston Industries, Inc., (La.
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Ewing v. Sanson
394 So. 2d 849
La. Ct. App. 3d Cir. 1981
Coco v. Winston Industries, Inc., (La.
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Brown v. Grigsby
394 So. 2d 847
La. Ct. App. 3d Cir. 1981
Under the circumstances, we are guided by the principles of Coco v. Winston Industries, Inc.
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Ferro v. Green
394 So. 2d 824
La. Ct. App. 1st Cir. 1981
The standard of review for quantum was enunciated by the Supreme Court in Coco v. Winston Industries, Inc., wherein it stated (at 334): “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, (citations omitted) Only after making the finding that the record supports t
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Ricker v. Thompson
394 So. 2d 831
La. Ct. App. 1st Cir. 1981
The standard of review for quantum was enunciated by the Supreme Court in Coco v. Winston Industries, Inc., (La.
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Dofflemyer v. Gilley
395 So. 2d 403
La. Ct. App. 3d Cir. 1981
Coco v. Winston Industries, Inc.
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Wallis v. Lasyone
395 So. 2d 413
La. Ct. App. 1st Cir. 1981
Coco v. Winston Industries, Inc.
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Frazier v. United States Fidelity & Guaranty Co.
394 So. 2d 692
La. Ct. App. 1st Cir. 1981
Art. 1934(3); Coco v. Winston Industries, Inc.
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Lute v. City of Lake Charles
394 So. 2d 736
La. Ct. App. 3d Cir. 1981
Art. 1934(3); (1979); Coco v. Winston Industries, Inc., (1976).
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Godwin v. Government Employees Ins. Co.
394 So. 2d 751
La. Ct. App. 3d Cir. 1981
Coco v. Winston Industries, Inc.
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Triplett v. Amiss
395 So. 2d 374
La. Ct. App. 1st Cir. 1981
Coco v. Winston Industries, Inc.
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Emerson v. Empire Fire & Marine Ins. Co.
393 So. 2d 691
La. 1981
Coco v. Winston Industries, Inc., (La.
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Weissbohn v. Gulf Insurance Co.
392 So. 2d 752
La. Ct. App. 1st Cir. 1980
art. 1934(3); Coco v. Winston Industries, Inc., emphasize that before an appellate court can change a general damage award made by a trial court the record must clearly reveal that the trier of fact abused its discretion in making the award.
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Boustany v. Fluid Dynamics, Inc.
392 So. 2d 750
La. Ct. App. 3d Cir. 1980
Coco v. Winston Industries, Inc.
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Derouen v. Dept. of Transp. & Development
392 So. 2d 765
La. Ct. App. 3d Cir. 1980
art. 1934(3); Coco v. Winston Industries, Inc.
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Sibley v. Menard
398 So. 2d 590
La. Ct. App. 1st Cir. 1980
Coco v. Winston Industries, Inc., (La.
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LaGraize v. Bickham
391 So. 2d 1185
La. Ct. App. 4th Cir. 1980
Coco v. Winston Industries, Inc.
- Jack v. Kansas City Southern Railway Co. 392 So. 2d 499 La. Ct. App. 1st Cir. 1980
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Litton v. Home Indemnity Co.
391 So. 2d 541
La. Ct. App. 1st Cir. 1980
and from doctor in Shreveport (5 trips x 120 miles, 700 miles x $.20) 140.00 $4,806.55 For general damages, pain, suffering (past, present, future), serious personality changes resulting from brain damage sixty thousand ($60,000.00) dollars.” *544 Civil Code Art. 1934 provides that, in the assessment of general damages, “much discretion must be left to the or In Coco v. Winston Industries, Inc., the court stated: “We do re-emphasize, however, that before a Court of Appeal can disturb an award ma
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Chaney v. Our Lady of Fatima Cath. Church
391 So. 2d 501
La. Ct. App. 3d Cir. 1980
Reck v. Stephens, supra; Coco v. Winston Industries, Inc.
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Benedic v. New Orleans Public Service, Inc.
389 So. 2d 871
La. Ct. App. 1st Cir. 1980
Turning now to the question of quantum, : “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 .
- Hebert v. Lefty's Moving Service 389 So. 2d 855 La. Ct. App. 4th Cir. 1980
- Brown v. State 392 So. 2d 113 La. Ct. App. 1st Cir. 1980
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Olinde v. State
391 So. 2d 1243
La. Ct. App. 1st Cir. 1980
Coco v. Winston Industries, Inc., (La.
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Erdey v. Steib
392 So. 2d 131
La. Ct. App. 1st Cir. 1980
Coco v. Winston Industries, Inc., La.App., (1976).
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Hukill v. US Fidelity and Guaranty Co.
386 So. 2d 172
La. Ct. App. 3d Cir. 1980
See also Coco v. Winston Industries, Inc., (La.
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Courville v. State Farm Mut. Auto. Ins. Co.
386 So. 2d 176
La. Ct. App. 3d Cir. 1980
See Coco v. Winston Industries, Inc.
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Andry v. CUMIS INS. SOC., INC.
387 So. 2d 1374
La. Ct. App. 4th Cir. 1980
On the question of quantum, however, we find that the jury clearly abused its discretion under Coco v. Winston Industries, Inc.
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Chipman v. Insurance Co. of North America
389 So. 2d 432
La. Ct. App. 2d Cir. 1980
In deference to the trial court's discretion and following the implication of Coco v. Winston Industries, Inc., (La.
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Suhor v. Gusse
388 So. 2d 755
La. 1980
On original hearing, the court of appeal reviewed the damage award under the "much discretion" standard of Coco v. Winston Industries, Inc., (La.
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Stuart v. Gereaux
388 So. 2d 468
La. Ct. App. 1st Cir. 1980
Under the guidelines of Coco v. Winston Industries, Inc., (La.
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Hawthorne v. Southeastern Fidelity Ins. Co.
387 So. 2d 26
La. Ct. App. 3d Cir. 1980
Article 1934(3); Coco v. Winston Industries, Inc., and, convince us that the award is clearly not excessive.
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Shipp v. City of Alexandria
392 So. 2d 1078
La. Ct. App. 3d Cir. 1980
in order to alter the court's award, we must find a clear abuse of the trier of fact's much discretion under C.C.
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Hebert v. Ordoyne
388 So. 2d 407
La. Ct. App. 1st Cir. 1980
Coco v. Winston Industries, Inc.
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Jordan v. Lloyd
387 So. 2d 1321
La. Ct. App. 1st Cir. 1980
Coco v. Winston Industries, Inc.
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Fontenot v. American Fidelity Fire Ins. Co.
386 So. 2d 165
La. Ct. App. 3d Cir. 1980
239 , (1963) and Coco v. Winston Industries, Inc., (La.
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Bolton v. MFA Mutual Insurance
386 So. 2d 144
La. Ct. App. 1st Cir. 1980
.” In Coco v. Winston Industries, Inc., 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.” (citations omitted) The principles expressed in Coco were recently reaffirmed
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Thibodeaux v. Hulin Marble & Granite Works, Inc.
386 So. 2d 136
La. Ct. App. 1st Cir. 1980
In Coco v. Winston Industries, Inc., the 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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Ashworth v. Smith
386 So. 2d 1016
La. Ct. App. 1st Cir. 1980
and Coco v. Winston Industries, Inc.
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Cobb v. Insured Lloyds
387 So. 2d 13
La. Ct. App. 3d Cir. 1980
Coco v. Winston Industries, Inc.
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Fontenot v. Hanover Ins. Co.
385 So. 2d 238
La. 1980
Coco v. Winston Indus., Inc.
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Hunter v. OFFICE OF HEALTH SERVICES, ETC.
385 So. 2d 928
La. Ct. App. 2d Cir. 1980
In interpreting Article 1934(3) this Court held in Coco v. Winston Industries, Inc., : "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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Lucas v. Deville
385 So. 2d 804
La. Ct. App. 3d Cir. 1980
3rd Cir. 1976), reversed on other grounds
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Lomas & Nettleton Co. v. Moore
385 So. 2d 881
La. Ct. App. 1st Cir. 1980
Coco v. Winston Industries, Inc., (La.
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Richard v. Southwest Louisiana Hospital Ass'n
383 So. 2d 83
La. Ct. App. 3d Cir. 1980
*90 Coco v. Winston Industries, Inc.
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Pisciotta v. Allstate Ins. Co.
385 So. 2d 1176
La. 1980
1973); Coco v. Winston Industries, Inc.
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Untereiner v. New Orleans Public Service, Inc.
385 So. 2d 587
La. Ct. App. 1st Cir. 1980
(1979); Coco v. Winston Industries, Inc., (1976).