Cited by
Opinions in Louisiana that cite Coco v. Winston Industries, Inc., 341 So. 2d 332.
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Brown v. Fidelity & Casualty Co.
385 So. 2d 572
La. Ct. App. 1st Cir. 1980
See Coco v. Winston Industries, Inc. (La.
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Choate v. Greene
386 So. 2d 948
La. Ct. App. 1st Cir. 1980
In Coco v. Winston Industries, Inc., the 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 *950 abused its discretion in making its award.” (Emphasis ours) This standard of review was also discussed in Reck v. Ste
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Johnson v. Coca Cola Bottling Co., Inc.
386 So. 2d 993
La. Ct. App. 3d Cir. 1980
In Coco v. Winston Industries, Inc., the 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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Perniciaro v. Brinch
384 So. 2d 392
La. 1980
Coco v. Winston Industries, Inc.
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McGowan v. Farris
384 So. 2d 544
La. Ct. App. 1st Cir. 1980
239 , ; Coco v. Winston Industries, Inc., La., ; Reck v. Stevens, La., .
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Castro v. Fireman's Fund Insurance Co.
384 So. 2d 587
La. Ct. App. 1st Cir. 1980
4th Cir., 1976); Coco *589 v. Winston Industries, Inc.
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Meyers v. Basso
381 So. 2d 843
La. Ct. App. 1st Cir. 1980
Coco v. Winston Industries, Inc.
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Hebert v. Diamond M Co.
385 So. 2d 410
La. Ct. App. 1st Cir. 1980
In accordance with the directions of our Supreme Court in Coco v. Winston Industries, Inc., (La.
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Lawrence v. Hartsuck
383 So. 2d 453
La. Ct. App. 1st Cir. 1980
239 , (1963); Coco v. Winston Industries, Inc.
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Taylor v. Zetz 7 Up Bottling Co.
384 So. 2d 811
La. Ct. App. 1st Cir. 1980
Coco v. Winston Industries, Inc.
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Johnson v. Franks
383 So. 2d 117
La. Ct. App. 1st Cir. 1980
Civil Code Article 1934 provides that, in the assessment of general damages, “much discretion must be left to the judge or jury In Coco v. Winston Industries, Inc., the Supreme Court 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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Perry v. Domingue
383 So. 2d 130
La. Ct. App. 1st Cir. 1980
Civil Code Art. 1934 provides that, in the assessment of general damages, “much discretion must be left to the judge or jury In Coco v. Winston Industries, Inc., the court 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.” (Emphasis supplied) The principles announced in Coco were reaffirmed in Reck v. Stev
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Brewer v. Loewer
383 So. 2d 1325
La. Ct. App. 3d Cir. 1980
Coco v. Winston Industries, Inc., (1976).
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Sikes v. McLean Trucking Co.
383 So. 2d 111
La. Ct. App. 3d Cir. 1980
Coco v. Winston Industries, Inc.
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Mid-State Homes, Inc. v. Lartigue
383 So. 2d 99
La. Ct. App. 3d Cir. 1980
Coco v. Winston Industries, Inc., (La.
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Holubar v. State
385 So. 2d 362
La. Ct. App. 1st Cir. 1980
Coco v. Winston Industries, Inc.
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Hanzy v. Sam
385 So. 2d 355
La. Ct. App. 1st Cir. 1980
Coco v. Winston Industries, Inc., (La.
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Followed
Launey v. Thomas
379 So. 2d 27
La. Ct. App. 3d Cir. 1980
In determining whether the "much discretion" of the trial court in awarding damages under La.Civil Code Art. 1934(3) has or *32 has not been abused in this case, we follow the methodology of appellate review of awards for general damages as explained in Coco v. Winston Industries, Inc., (La.
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Guidry v. Davis
382 So. 2d 250
La. Ct. App. 3d Cir. 1980
Coco v. Winston Industries, Inc.
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Veuleman v. Sims
382 So. 2d 245
La. Ct. App. 3d Cir. 1980
Coco v. Winston Industries, Inc.
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Babineaux v. Firemen's Insurance Co. of Newark
381 So. 2d 904
La. Ct. App. 1st Cir. 1980
Art. 1934; Coco v. Winston Industries, Inc.
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Jackson v. United States Fid. & Guar. Co.
382 So. 2d 223
La. Ct. App. 3d Cir. 1980
Our increase in the amount of the award is not violative of the principles set forth in Coco v. Winston Industries, Inc., since the increase is made to compensate plaintiff for damages at first not believed to be causally related to the accident, not to correct a trial court's abuse of discretion in making an award.
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Young v. Wayde
383 So. 2d 1283
La. Ct. App. 1st Cir. 1980
Coco v. Winston Industries, Inc., (La.
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Walters v. Thrasher
381 So. 2d 557
La. Ct. App. 1st Cir. 1980
In Coco v. Winston Industries, Inc., the court pointed out that before an appellate court can change an award made by the trial judge the record must clearly reveal that the trier of fact abused his discretion in making the award.
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Searcy v. Porter
381 So. 2d 540
La. Ct. App. 2d Cir. 1980
Reck and Coco v. Winston Industries, Inc., explained that before a reviewing court can change an award made by the trial court, the record must clearly reveal that the trier of fact abused its discretion in making the award.
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Miller v. Lambert
380 So. 2d 695
La. Ct. App. 4th Cir. 1980
Considering the guidelines for appellate review of damage awards, as enunciated in Coco v. Winston Industries, Inc., we find the damages were neither inadequate nor excessive.
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Followed
Dice v. Allstate Insurance Co.
380 So. 2d 692
La. Ct. App. 1st Cir. 1980
In determining the amount of these awards, we follow the guidelines of Coco v. Winston Industries, Inc., : “[Bjefore a Court of Appeal can disturb an award made by a trial court .
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Jolivette v. Safeco Ins. Co.
379 So. 2d 1213
La. Ct. App. 3d Cir. 1980
Adhering to the guidelines for reviewing courts set forth in Coco v. Winston Industries, Inc., we find that under the facts and circumstances of this case the award of $1150.00 for general damages was inadequate and constituted an abuse of the trial judge's "much discretion".
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Danos v. St. Pierre
383 So. 2d 1019
La. Ct. App. 1st Cir. 1980
art. 1934(3); Coco v. Winston Industries, Inc., (La.
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Wexler v. Occhipinti
378 So. 2d 1073
La. Ct. App. 4th Cir. 1979
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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McDonald v. American Fire & Indemnity Ins.
378 So. 2d 1013
La. Ct. App. 1st Cir. 1979
Coco v. Winston Industries, Inc.
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Worsham v. Hanover Insurance Co.
378 So. 2d 1060
La. Ct. App. 1st Cir. 1979
Coco v. Winston Industries, Inc., elaborated on the procedure to be used by the appellate courts.
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Rogers v. Weiser Detectives & Security Services, Inc.
378 So. 2d 502
La. Ct. App. 1st Cir. 1979
1976, , in its appellate quantum review hints, which we respectfully suggest have not revealed to us a clear path to follow because there is no clear path.
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Skinner v. Nightingale
377 So. 2d 1348
La. Ct. App. 1st Cir. 1979
Coco v. Winston Industries, Inc.
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Recherche, Inc. v. Jewelry Jungle, Inc.
377 So. 2d 1329
La. Ct. App. 1st Cir. 1979
Coco v. Winston Industries, Inc., (La.
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Brummerloh v. Firemen's Ins. Co. of Newark
377 So. 2d 1301
La. Ct. App. 3d Cir. 1979
and Coco v. Winston Industries, Inc.
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Placide v. Jay
378 So. 2d 473
La. Ct. App. 1st Cir. 1979
Coco v. Winston Industries, Inc., ” our Supreme Court states: In the event the appellate court finds from the record an abuse of discretion, the award may be disturbed by
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Craig v. Southeastern Fidelity Ins. Co.
377 So. 2d 1271
La. Ct. App. 3d Cir. 1979
Coco v. Winston Industries, Inc.
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Cardwell v. Jefferson Rentals Division
379 So. 2d 255
La. Ct. App. 4th Cir. 1979
In our initial opinion, at , we felt we took the view that we were mandated by Coco v. Winston Industries, Inc., to affirm but the Supreme Court granted writs and remanded the case to us. We then reduced these awards to $300 each at , and the Supreme Court subsequently refused writs at
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Cheatham v. City of New Orleans
378 So. 2d 369
La. 1979
In interpreting Article 1934(3) this Court held in Coco v. Winston Industries, Inc., (La.
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Elmer v. M. Levy Co. of ShrevePort
377 So. 2d 453
La. Ct. App. 1st Cir. 1979
Coco v. Winston Industries, Inc.
- Villetto v. Weilbaecher 377 So. 2d 132 La. Ct. App. 4th Cir. 1979
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Davis v. New Orleans Public Belt RR
375 So. 2d 395
La. Ct. App. 4th Cir. 1979
In making this determination we are cognizant of the jurisprudential restrictions placed upon our constitutional mandate to review cases on both law and fact, exemplified in the case of Coco v. Winston Industries, Inc., and the cases discussed therein.
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Sullivan v. Zetz 7-Up Bottling Co.
376 So. 2d 614
La. Ct. App. 1st Cir. 1979
Coco v. Winston Industries, Inc.
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Stewart v. Schmieder
376 So. 2d 1046
La. Ct. App. 1st Cir. 1979
The court quoted at length from the recent Supreme Court case of Coco v. Winston Industries, Inc., relative to the standards of review to be applied in quantum cases.
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Holden v. Straughn
376 So. 2d 1292
La. Ct. App. 2d Cir. 1979
Coco v. Winston Industries, Inc.
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Menard v. Prejean
374 So. 2d 1275
La. Ct. App. 3d Cir. 1979
Coco v. Winston Industries, Inc.
- Philippe v. Browning Arms Co. 375 So. 2d 151 La. Ct. App. 2d Cir. 1979
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Hardie v. Pylant
375 So. 2d 189
La. Ct. App. 2d Cir. 1979
We elaborated on the methodology of appellate review of awards for general damages in Coco v. Winston Industries, Inc.
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Harrison v. State, Dept. of Highways
375 So. 2d 169
La. Ct. App. 2d Cir. 1979
An award of this amount would not have been an abuse of discretion and would have been approved by this court under the guidelines of Coco v. Winston Industries, Inc.