Cited by
Opinions in Louisiana that cite Coco v. Winston Industries, Inc., 341 So. 2d 332.
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Borne v. Brumfield
363 So. 2d 79
La. Ct. App. 4th Cir. 1978
Considering all the circumstances, we believe the verdict to be reasonable and, within the *84 we must affirm.
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Sherwood v. Sepulvado
362 So. 2d 1161
La. Ct. App. 2d Cir. 1978
The trial judge's decision is accorded great weight in these circumstances, Coco v. Winston Industries, Inc., and we find the record supports his conclusion that mitigation of damages was appropriate under the facts presented.
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Mitt v. Security Insurance Co.
361 So. 2d 465
La. Ct. App. 1st Cir. 1978
1934(3); Coco v. Winston Ind., Inc., La.1977, .
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Lofton v. Cade
359 So. 2d 1074
La. Ct. App. 3d Cir. 1978
Having so concluded, we must now examine what would be the lowest possible award which the jury could have made under the rule of Coco v. Winston Industries, Inc., and its progeny.
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Mouton v. Godchaux's Inc.
360 So. 2d 600
La. Ct. App. 1st Cir. 1978
As to quantum of general damages, for guidance.
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Ulmer v. Baton Rouge General Hospital
361 So. 2d 1238
La. Ct. App. 1st Cir. 1978
See also Coco v. Winston Industries, Inc.
- Fowler v. Western Union Tel. Co. 357 So. 2d 1305 La. Ct. App. 3d Cir. 1978
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Smith v. Government Employees Insurance
358 So. 2d 1289
La. 1978
In Coco v. Winston Industries, Inc., La., (1977), we 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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LeJeune v. Allstate Ins. Co.
356 So. 2d 537
La. Ct. App. 3d Cir. 1978
points out that the trier of fact has a wide latitude in the assessment of damages.
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Billedeaux v. Adams
355 So. 2d 1345
La. Ct. App. 3d Cir. 1978
3 Cir. 1976), reversed on other grounds, , and cases cited therein.
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Bordelon v. Sentry Insurance
359 So. 2d 1046
La. Ct. App. 1st Cir. 1978
Inc., La.1977, , we would leave undisturbed a $15,000 award for all the injuries found by the trial judge.
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Wilson v. Magee
359 So. 2d 315
La. Ct. App. 4th Cir. 1978
We believe that under the rationale of Coco v. Winston Industries, Inc., a figure of $20,000 for general damages is appropriate, particularly considering the acute mental distress surrounding the very accident itself.
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Derbofen v. TL James & Co., Inc.
355 So. 2d 963
La. Ct. App. 4th Cir. 1978
To some degree this principle supports the same basic principles behind cases like Coco v. Winston Industries, Inc., in the setting of damages.
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Lachney v. Motor Parts & Bearing Supply
357 So. 2d 1277
La. Ct. App. 3d Cir. 1978
See Coco v. Winston Industries, Inc.
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Prevost v. New Orleans Public Service Inc.
357 So. 2d 1371
La. Ct. App. 1st Cir. 1978
See Coco v. Winston Industries, Inc.
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Danos v. Foret
354 So. 2d 667
La. Ct. App. 1st Cir. 1978
Using the cited cases and other reported cases which we considered related to this issue merely as an aid, not to place too much emphasis on "other reported cases", we feel that in the final analysis the appropriateness of the award in each case turns on its own peculiar facts.
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Leaber v. Jolley Elevator Corp.
354 So. 2d 746
La. Ct. App. 4th Cir. 1978
Coco v. Winston Industries, Inc.
- Garden Hill Land Corp. v. Cambre 354 So. 2d 1064 La. Ct. App. 4th Cir. 1978
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Adams v. State, Dept. of Highways
357 So. 2d 1239
La. Ct. App. 2d Cir. 1978
Coco v. Winston Industries, Inc., *1243 (La.1976).
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McKowen v. Gulf States Utilities Co.
358 So. 2d 675
La. Ct. App. 1st Cir. 1978
We find the award of general damages well within the discretion permitted the jury pursuant to Coco v. Winston Industries, Inc., (La.
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Barr v. State, Through La. Dept. of Highways
355 So. 2d 52
La. Ct. App. 2d Cir. 1978
Coco v. Winston Industries, Inc.
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Chmurka v. Southern Farm Bur. Ins. Co.
357 So. 2d 1207
La. Ct. App. 4th Cir. 1978
Recognizing that other decisions on matters of quantum are not binding, as no two cases are really fully alike, Coco v. Winston Industries, Inc., we believe that as we are called upon under the circumstances to make the initial judgment on quantum, similar cases will be of some assistance in reaching an amount.
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Robichaux v. Cade
357 So. 2d 849
La. Ct. App. 4th Cir. 1978
Anderson v. Welding, Testing Laboratory, Inc., Coco v. Winston Industries, Inc.
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Robinson v. SAFECO Insurance Co. of America
357 So. 2d 79
La. Ct. App. 1st Cir. 1978
Coco v. Winston Industries, Inc.
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Jenkins v. Ferguson
357 So. 2d 39
La. Ct. App. 1st Cir. 1978
We find that the amount awarded is within the broad discretion granted to the trial court in accordance with the jurisprudence and particularly in Coco v. Winston Industries, Inc.
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Blancher v. Samuels
354 So. 2d 213
La. Ct. App. 4th Cir. 1978
Although this is not a situation where we simply increase an inadequate award, we conclude that the principle announced in Coco v. Winston Industries, Inc., is still persuasive to our setting an amount here at the lowest adequate amount.
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Demars v. Natchitoches Coca-Cola Bottling Co.
353 So. 2d 433
La. Ct. App. 3d Cir. 1978
We have carefully examined the record in light of the principles of appellate review of damages recently announced by our Supreme Court in Coco v. Winston Industries, Inc., and find the award neither excessive nor inadequate.
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Washington v. Lake City Beverage, Inc.
352 So. 2d 717
La. Ct. App. 3d Cir. 1978
Coco v. Winston Industries, Inc., La., (1976).
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Wallace v. Pan American Fire & Cas. Co.
352 So. 2d 1048
La. Ct. App. 3d Cir. 1978
Coco v. Winston Industries, Inc.
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Norris v. King
355 So. 2d 21
La. Ct. App. 3d Cir. 1978
While the award may be somewhat low, we do not find it to be outside of the perimeters of Coco v. Winston Industries, Inc., (La.
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Moss v. Travelers Indem. Co.
351 So. 2d 290
La. Ct. App. 3d Cir. 1978
Since the trial judge made no awards, we are not restricted by the rules *294 in Coco v. Winston Industrial, Inc., as to increasing or reducing awards.
- Himel v. American Employers Insurance 354 So. 2d 606 La. Ct. App. 1st Cir. 1977
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Weathersby v. Kersbergen
356 So. 2d 498
La. Ct. App. 1st Cir. 1977
Coco v. Winston Industries, Inc.
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Bergeron v. Louisiana Department of Highways
353 So. 2d 469
La. Ct. App. 1st Cir. 1977
In reversing the jury’s award of damages, we must look for guidance to Coco v. Winston Industries, Inc.
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Carollo v. Wilson
353 So. 2d 249
La. 1977
Coco v. Winston Industries, Inc., (La.
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Ardoin v. Hartford Acc. & Indem. Co.
350 So. 2d 205
La. Ct. App. 3d Cir. 1977
In the case of Coco v. Winston Industries, Inc., the court re-emphasizing these principles 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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Moss v. Security Nat. Ins. Co.
350 So. 2d 247
La. Ct. App. 3d Cir. 1977
In reversing the trial jury, and making an assessment of damages where the trial jury awarded no damages, we must look for guidance to Coco v. Winston Industries, Inc.
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Barnes v. Liberty Mut. Ins. Co.
350 So. 2d 288
La. Ct. App. 3d Cir. 1977
We have reviewed the remaining awards under recent guidelines for appellate review as set down in Coco v. Winston Industries, Inc., et al., (La.
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LeJeune v. Flash Truck Line, Inc.
353 So. 2d 296
La. Ct. App. 1st Cir. 1977
Coco v. Winston Industries, Inc., La.C.C.
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Frickie v. Scarbrough
356 So. 2d 447
La. Ct. App. 1st Cir. 1977
Art. 1934(3); Coco v. Winston Industries, Inc.
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Vincent v. Ryder Enterprises, Inc.
352 So. 2d 1061
La. Ct. App. 3d Cir. 1977
In considering the issue of quantum before us we must bear in mind the case of Coco v. Winston Industries, Inc., wherein 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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McNulty v. D & G Maintenance Corp.
352 So. 2d 337
La. Ct. App. 1st Cir. 1977
See Coco v. Winston Industries, Inc.
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London v. Ryan
349 So. 2d 1334
La. Ct. App. 1st Cir. 1977
Coco v. Winston Industries, Inc., La., (1976).
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Williams v. State Farm Mut. Auto. Ins. Co.
349 So. 2d 1275
La. Ct. App. 1st Cir. 1977
" Considering the dictum of the Supreme Court in Coco v. Winston Industries, Inc., we find this award to be within the very broad discretion accorded district judges in fixing awards.
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Williams v. Hanover Ins. Co. of New York
351 So. 2d 858
La. Ct. App. 2d Cir. 1977
Coco v. Winston Industries, Inc., (1977).
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Spearman v. Barron
351 So. 2d 856
La. Ct. App. 1st Cir. 1977
Coco v. Winston Industries, Inc.
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Whatley v. Red Ball Motor Freight, Inc.
351 So. 2d 850
La. Ct. App. 2d Cir. 1977
Louisiana Civil Code Article 1934(3); Coco v. Winston Industries, Inc.
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Bodi v. Government Emp. Ins. Co.
349 So. 2d 1327
La. Ct. App. 1st Cir. 1977
We are ever mindful of the principle enunciated in Coco v. Winston Industries, Inc., that awards for damages lie within the much discretion of the trier of fact and are not to be disturbed on appeal unless there is a manifest abuse of the discretion.
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Gregorie v. Hartford Acc. & Indem. Co.
348 So. 2d 186
La. Ct. App. 3d Cir. 1977
In the recent landmark case of Coco v. Winston Industries, Inc., (La.
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Faulk v. Power Rig Drilling Co.
348 So. 2d 219
La. Ct. App. 3d Cir. 1977
See Coco v. Winston Industries, Inc.