Cited by
Opinions in Louisiana that cite Coco v. Winston Industries, Inc., 341 So. 2d 332.
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Manzella v. Jones
374 So. 2d 174
La. Ct. App. 1st Cir. 1979
See Coco v. Winston Industries, Inc., La., .
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Bennett v. US Fid. & Guar. Co.
373 So. 2d 1362
La. Ct. App. 1st Cir. 1979
Coco v. Winston Industries, Inc.
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Smith v. Travelers Indem. Co. of Rhode Island
374 So. 2d 708
La. Ct. App. 1st Cir. 1979
Coco v. Winston Industries, Inc., (La.
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Hebert v. Town of Ville Platte
373 So. 2d 229
La. Ct. App. 1st Cir. 1979
Article 1934; Coco v. Winston Industries, Inc.
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Harris v. Bardwell
373 So. 2d 777
La. Ct. App. 2d Cir. 1979
Coco v. Winston Industries, Inc.
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LeJeune v. Allstate Ins. Co.
373 So. 2d 212
La. Ct. App. 3d Cir. 1979
do not apply, and, therefore, that we are justified in reconsidering the amounts awarded.
- Polman v. Mohasco Corp. 371 So. 2d 838 La. Ct. App. 4th Cir. 1979
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Reck v. Stevens
373 So. 2d 498
La. 1979
We elaborated on the methodology of appellate review of awards for general damages in Coco v. Winston Industries, Inc.
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Parker v. Travelers Ins. Co.
369 So. 2d 1120
La. Ct. App. 1st Cir. 1979
art. 1934(3), to the current rule of Coco v. Winston Industries, Inc., which purports to clarify the Gaspard v. LeMaire admonition.
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Dupree v. Pechinay Saint Gobain Co.
369 So. 2d 1075
La. Ct. App. 1st Cir. 1979
In Coco v. Winston Industries, Inc., the Supreme Court made the definitive statement in regard to appellate review of awards for general damages as follows: "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 ma
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Monette v. Kilgore
372 So. 2d 728
La. Ct. App. 1st Cir. 1979
Accordingly, following Coco v. Winston Industries, Inc., and its progeny, including the most recent pronouncement by our brothers of the First Circuit in Parker, et al. v. Travelers Insurance Company, et al., Number 12,-430, consolidated with Pellegrin, et al. v. Travelers Insurance Company, et al., Number 12,431, handed down March 5, 1979, (La.App
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McCreary v. Commercial Union Ins. Co.
372 So. 2d 745
La. Ct. App. 4th Cir. 1979
we are not persuaded to reduce the award.
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Case v. Arrow Trucking Co.
372 So. 2d 670
La. Ct. App. 1st Cir. 1979
Coco v. Winston Industries, Inc., Anderson v. Welding Testing Laboratory, Inc.
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Folse v. Fakouri
371 So. 2d 1120
La. 1979
Coco v. Winston Industries, Inc.
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Rogers v. Weiser Detectives & Security Services, Inc.
372 So. 2d 610
La. Ct. App. 1st Cir. 1979
Accordingly, following Coco v. Winston Industries, Inc., and its progeny, we limit our modification so as to decrease the award only to an amount that is the maximum which would not have constituted such abuse and, accordingly, set the award at $11,953.75.
- Vicknair v. Olin 371 So. 2d 360 La. Ct. App. 1st Cir. 1979
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DiVincenti v. Desforges
372 So. 2d 606
La. Ct. App. 4th Cir. 1979
Coco v. Winston Industries, Inc., further stresses that quantum amendments on the appellate level are limited to cases where the trial court abuses the "much discretion" vested in it by C.C.
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Boudoin v. Schwegmann Bros. Giant Supermarket
371 So. 2d 370
La. Ct. App. 4th Cir. 1979
See Coco v. Winston Industries, Inc., (La.
- Reinhard v. City of New Orleans 371 So. 2d 286 La. Ct. App. 4th Cir. 1979
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Meadoux v. Hall
369 So. 2d 240
La. Ct. App. 4th Cir. 1979
Art. 1934(3); Coco v. Winston Industries, Inc., Anderson v. Welding Testing Laboratory, Inc., supra; Fox v. State Farm Mutual Automobile Ins.
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Ehrhardt v. Cummins
369 So. 2d 213
La. Ct. App. 3d Cir. 1979
In the often quoted case of 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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Dawson v. Piazza
371 So. 2d 283
La. Ct. App. 1st Cir. 1979
art. *286 1934(3), to the current rule of Coco v. Winston Industries, Inc., which purports to clarify the Gaspard v. LeMaire admonition.
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Angelle v. Griffin
370 So. 2d 160
La. Ct. App. 1st Cir. 1979
As to the quantum of the award, we find no abuse of the “much discretion”
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Seals v. Allstate Insurance
370 So. 2d 691
La. Ct. App. 1st Cir. 1979
Further, we find no abuse of discretion in the amount of the jury’s award, Coco v. Winston Industries, Inc., and must affirm.
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Clofort v. Matmoor, Inc.
370 So. 2d 1305
La. Ct. App. 4th Cir. 1979
See also, Coco v. Winston Industries, Inc.
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Talluto v. Patchen
370 So. 2d 618
La. Ct. App. 4th Cir. 1979
The current standard for appellate review of damage awards has been clearly set forth in Coco v. Winston Industries, Inc., : "[B]efore a Court of Appeal can disturb an award made by a trial court .
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Hebert v. Missouri PR Co.
366 So. 2d 608
La. Ct. App. 3d Cir. 1979
Coco v. Winston Industries, Inc.
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Digerolamo v. Liberty Mutual Insurance
369 So. 2d 228
La. Ct. App. 1st Cir. 1979
Coco v. Winston Industries, Inc.
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Aymond v. Rose
368 So. 2d 1222
La. Ct. App. 1st Cir. 1979
Both of these cases came before the Supreme Court decision in Coco v. Winston Industries, Inc., (1977), and it may very well be that these cases are inconsistent with the Coco case.
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Young v. Department of Hospitals
365 So. 2d 848
La. Ct. App. 3d Cir. 1979
Coco v. Winston Industries, Inc.
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Trahan v. Ritterman
368 So. 2d 181
La. Ct. App. 1st Cir. 1979
Coco v. Winston Industries, Inc.
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Mays v. American Indem. Co.
365 So. 2d 279
La. Ct. App. 2d Cir. 1979
We find that the trial judge did not abuse his much discretion provided for by Coco v. Winston Industries, Inc., (La.
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Wilson v. Magee
367 So. 2d 314
La. 1979
Carollo v. Wilson, supra ; Coco v. Winston Industries, Inc., Anderson v. Welding Testing Laboratory, Inc., Revon v. American Guarantee & Liability Ins.
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LeBlanc v. American Emp. Ins. Co.
364 So. 2d 263
La. Ct. App. 3d Cir. 1979
In light of our conclusion that appellant's revocatory action should be sustained, which substantially increases appellees' ability to respond in judgment, does not herein apply.
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Dupree v. Long
366 So. 2d 1038
La. Ct. App. 1st Cir. 1978
Coco v. Winston Industries, Inc., LeJeune v. Flash Truck Line, Inc., (La.App.
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Lanclos v. Hartford Acc. & Indem. Co.
366 So. 2d 621
La. Ct. App. 3d Cir. 1978
These are cataloged in detail by Justice Calogero in Coco v. Winston Industries, Inc.
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Rue v. Continental Insurance Co.
366 So. 2d 629
La. Ct. App. 1st Cir. 1978
Coco v. Winston Industries, Inc.
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South Central Bell Tel. Co. v. Traigle
367 So. 2d 1143
La. 1978
957, 978 , (1946); see, 21 Loyola L.Rev.
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Arceneaux v. Domingue
365 So. 2d 1330
La. 1978
For the proper application of the "much discretion" rule, (La.
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Reck v. Stevens
365 So. 2d 876
La. Ct. App. 1st Cir. 1978
In accordance with Coco v. Winston Industries, Inc., (La.App.
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Stansbury v. Hover
366 So. 2d 918
La. Ct. App. 1st Cir. 1978
Coco v. Winston Industries, Inc., (La.
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Greene v. Wright
365 So. 2d 551
La. Ct. App. 1st Cir. 1978
3rd Cir. 1975) reversed on other grounds while speaking of the term "executive officer" held: "No precise definition or hard and fast rule has ever been laid down.
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Beal v. New Orleans Pub. Service, Inc.
365 So. 2d 1118
La. Ct. App. 4th Cir. 1978
Therefore, the judgment is affirmed.
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Carter v. Phillips
365 So. 2d 48
La. Ct. App. 1st Cir. 1978
Coco v. Winston Industries, Inc.
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Mora v. American Motors Leasing Corp.
364 So. 2d 1343
La. Ct. App. 4th Cir. 1978
They rely on the cases of Schexnayder v. Carpenter, La., , Coco v. Winston Industries, Inc., La., , Moss v. Security National Insurance Company, La.App., , and Robinson v. General Motors Corporation, La.App., , to support their claim that a jury may not refuse general damages to plaintiffs with objective injuries.
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Roundtree v. Technical Welding & Fabrication Co.
364 So. 2d 1325
La. Ct. App. 4th Cir. 1978
Consistent with Coco v. Winston Industries, Inc., we deem a proper award for loss of love and affection to be the sum of $20,000.00.
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Jimcoily v. State Through Dept. of Highways
361 So. 2d 982
La. Ct. App. 4th Cir. 1978
1934(3); Coco v. Winston Ind., Inc., La.1977, .
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Folse v. Fakouri
361 So. 2d 887
La. Ct. App. 4th Cir. 1978
In Coco v. Winston Industries, Inc., the court held that the injured party is entitled to be compensated in damages for decreased earning capacity and rejected the measure of such damages as mathematical decrease in the wages of the individual.
- McKenzie v. Nationwide Mut. Ins. Co. 363 So. 2d 1340 La. Ct. App. 3d Cir. 1978
- Pierre v. Times-Picayune Publishing Co. 363 So. 2d 1301 La. Ct. App. 1st Cir. 1978