Cited by
Opinions in Louisiana that cite Coco v. Winston Industries, Inc., 341 So. 2d 332.
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Phillips v. Great Southern Mortg. & Loan Corp.
350 So. 2d 1279
La. Ct. App. 3d Cir. 1977
Coco v. Winston Industries, Inc., (La.
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Veazie v. Consolidated Companies
350 So. 2d 1302
La. Ct. App. 1st Cir. 1977
According to Coco v. Winston Industries, Inc., a Court of Appeal can disturb an award made by a trial court only when the record clearly reveals the trier of fact abused its discretion in making its award.
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Bourg v. Redden
351 So. 2d 1300
La. Ct. App. 1st Cir. 1977
Article 1934(3); Coco v. Winston Industries, Inc., La., (1976).
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Monnerjahn v. Aetna Life & Casualty Co.
350 So. 2d 1249
La. Ct. App. 1st Cir. 1977
As to the $25,000 we cannot say this is an abuse of discretion in the light of Coco v. Winston, La., (1976).
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Billeaud v. United States Fidelity & Guaranty Co.
349 So. 2d 1379
La. Ct. App. 1st Cir. 1977
The issues posed by this appeal are as "follows: (1) Was the jury award inadequate, and if so, did the jury abuse the “much discretion”
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Billeaud v. UNITED STATE FIDELITY & GUAR. CO.
349 So. 2d 1379
La. Ct. App. 3d Cir. 1977
The issues posed by this appeal are as follows: (1) Was the jury award inadequate, and if so, did the jury abuse the "much discretion"
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Miller v. Employers Mut. Liability Ins. Co.
349 So. 2d 1353
La. Ct. App. 2d Cir. 1977
3d Cir. 1976), reversed as to quantum, (La.
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Allen v. Toups
348 So. 2d 1270
La. Ct. App. 1st Cir. 1977
959 , , and the long line of cases which follows that -decision, including Canter v. Koehring Company, La., , and Coco v. Winston Industries, Inc., La., .
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Mueller v. New Orleans Public Service, Inc.
348 So. 2d 1296
La. Ct. App. 1st Cir. 1977
1934(3) and Coco v. Winston Industries, Inc.
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Owens v. New Orleans Bldg. Maintenance, Inc.
349 So. 2d 494
La. Ct. App. 4th Cir. 1977
We cannot say that the trial judge abused his discretion
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Goff v. Occhipinti
349 So. 2d 1325
La. Ct. App. 1st Cir. 1977
1973) and Coco v. Winston Industries, Inc.
- Carville v. Travelers Insurance Co. 348 So. 2d 715 La. Ct. App. 1st Cir. 1977
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Graham v. Rudison
348 So. 2d 711
La. Ct. App. 1st Cir. 1977
art. 1934 (3); Coco v. Winston Industries, Inc., (La.
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Fusilier v. Russell
345 So. 2d 543
La. Ct. App. 3d Cir. 1977
Since that time, the Supreme Court has reinstated the original jury award in Coco
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Salter v. Travelers Insurance Co.
347 So. 2d 902
La. Ct. App. 1st Cir. 1977
See also Coco v. Winston Industries, Inc.
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Bevil v. HEATH TIMBER CO., INC.
347 So. 2d 889
La. Ct. App. 3d Cir. 1977
We find that the quantum issue in the instant suit is controlled by Louisiana Civil Code Article 1934(3) and the recent Louisiana Supreme Court case of Coco v. Winston Industries, Inc.
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Kidder v. Anderson
345 So. 2d 922
La. Ct. App. 1st Cir. 1977
In considering the jury award in the instant case, we must consider it in light of the recent Louisiana Supreme Court decision of Coco v. Winston Industries, Inc., and in light of the "chilling effect" which the threat of potentially large defamation verdicts poses to the exercise of First Amendment rights.
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Wagner v. Hazelquist
347 So. 2d 1265
La. Ct. App. 1st Cir. 1977
We would have thought that Anderson v. Welding Testing Laboratory, Inc., and now Coco v. Winston Industries, Inc., had permanently disabused any appealing parties of the idea that “similar” injuries necessitates “similar” awards.
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Lindsay v. Cumis Insurance Society, Inc.
347 So. 2d 1285
La. Ct. App. 1st Cir. 1977
Considering the recent decision of our Supreme Court in Coco v. Winston Industries, Inc., wherein 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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Breaux v. Louisiana Dept. of Highways
347 So. 2d 1290
La. Ct. App. 1st Cir. 1977
Coco v. Winston Industries, Inc.
- Cvitanovich v. Sorli 347 So. 2d 1204 La. Ct. App. 1st Cir. 1977
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Johnson v. International Ins. Co.
347 So. 2d 1279
La. Ct. App. 1st Cir. 1977
The trial judge's award for this item of damages does not measure up to the minimum allowable award in accordance with the standard provided by our Supreme Court in the case of Coco v. Winston Industries, Inc.
- Svaboda v. Moville 346 So. 2d 891 La. Ct. App. 1st Cir. 1977
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Gaudet v. Allstate Ins. Co.
346 So. 2d 333
La. Ct. App. 4th Cir. 1977
Most recently, the Louisiana Supreme Court, in Coco v. Winston Industries, Inc., attempted to further instruct intermediate appellate courts regarding their ambit of review.
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Schexnayder v. Carpenter
346 So. 2d 196
La. 1977
Recently, in reviewing the reduction of a we approved the statements of law contained in many of these decisions.
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Richard v. Zurich Insurance
346 So. 2d 1327
La. Ct. App. 1st Cir. 1977
finds that as a result of this accident, the plaintiff sustained a cervical and lumbosacral strain, was struck in the groin, and suffered contusions of his chest and right ankle.” Although the Highway Department does not question the quantum of this award we have reviewed same in light of the principles of appellate review of damage awards recently reiterated in Coco v. Winston Industries, Inc., and conclude that such award should not be disturbed.
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Southwest Louisiana Electric Membership Corp. v. Dupuis
345 So. 2d 1280
La. Ct. App. 1st Cir. 1977
Coco v. Winston Industries, Inc.
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Pickens v. State ex rel. Department of Highways
346 So. 2d 1325
La. Ct. App. 1st Cir. 1977
We have reviewed the award in this case in light of the principles of appellate review of damage awards recently reiterated by our Supreme Court in Coco v. Winston Industries, Inc., and conclude that the award made should not be disturbed.
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Thierry v. Pickens
346 So. 2d 1328
La. Ct. App. 1st Cir. 1977
He complained that he continued to suffer minimal pain and discomfort and difficulty from his leg and back injuries.” Although the Highway Department does not question the quantum of this award we have reviewed the same in light of the principles of appellate review of damage awards recently reiterated in Coco v. Winston Industries, Inc., and conclude that such award should not be disturbed.
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Charles v. Pickens
346 So. 2d 1329
La. Ct. App. 1st Cir. 1977
f the trial of these proceedings he claimed residual pain, disability and discomfort, particularly in reference to the large laceration on his arm and rib and neck injuries.” Although the Highway Department does not question the quantum of this award we have reviewed same in light of the principles of appellate review of damage awards *1331 recently reiterated in Coco v. Winston Industries, Inc., and conclude that such award should not be disturbed.
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Corley v. West
346 So. 2d 1272
La. Ct. App. 3d Cir. 1977
Coco v. Winston Industries, Inc., and cases cited therein.
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Shively v. Pickens
346 So. 2d 1314
La. Ct. App. 3d Cir. 1977
Coco v. Winston Industries, Inc., (La.
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Walker v. St. Paul Ins. Companies
343 So. 2d 251
La. Ct. App. 1st Cir. 1977
This matter is now before us on remand from the Honorable Supreme Court, State of Louisiana, with instructions to review our assessment of quantum in light of the recent decision rendered by them in Coco v. Winston Industries, Inc. et al., rendered by the Supreme Court on December 13, 1976, La., , rehearing denied 1977.
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Boss v. Twillie
345 So. 2d 1261
La. Ct. App. 1st Cir. 1977
Coco v. Winston Industries, Inc., La., (1976).
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Rheams v. McCray
346 So. 2d 834
La. Ct. App. 1st Cir. 1977
Coco v. Winston Industries, Inc., La., (1976).
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Profit v. Linn
346 So. 2d 253
La. Ct. App. 1st Cir. 1977
In the recent case of Coco v. Winston Industries, Inc., the Supreme Court has explicated the character of appellate review of quantum awards, in the following language: "Only after making the finding that the record supports that the lower court abused its much discretion can the appellate court disturb the award, and then only to the extent of lowering it (or r
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Jerry Joseph Fontenot, Ind. v. STATE, ETC.
346 So. 2d 849
La. Ct. App. 1st Cir. 1977
See Coco v. Winston Industries, Inc., La., (1976).
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Dyson v. Gulf Modular Corp.
345 So. 2d 1222
La. Ct. App. 1st Cir. 1977
Art. 1934(3), Coco v. Winston Industries, Inc., et al., (La.
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Andrepont v. Naquin
345 So. 2d 1216
La. Ct. App. 1st Cir. 1977
Coco v. Winston Industries, Inc.
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Carollo v. Wilson
345 So. 2d 601
La. Ct. App. 1st Cir. 1977
See Coco v. Winston Industries, Inc., La.1976, .
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Richardson v. Department of Highways
345 So. 2d 985
La. Ct. App. 1st Cir. 1977
Coco v. Winston Industries, Inc.
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Wilson v. Dixie Auto Insurance
345 So. 2d 994
La. Ct. App. 1st Cir. 1977
Coco v. Winston Industries, Inc.
- Handy v. LeJeune 341 So. 2d 1386 La. Ct. App. 3d Cir. 1977
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Hernandez v. Showalter
344 So. 2d 1174
La. Ct. App. 1st Cir. 1977
285 , (1971); Coco v. Winston Industries, Inc.
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Smith v. Casualty Reciprocal Exchange
345 So. 2d 572
La. Ct. App. 1st Cir. 1977
Coco v. Winston Industries, Inc., (La.S.Ct.
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Sanders v. Hall
345 So. 2d 590
La. Ct. App. 1st Cir. 1977
When we consider the medical testimony, Coco v. Winston Industries, Inc., we are compelled to conclude that the $2,000.00 general damage award for each of the plaintiffs is within the judicial discretion of the trial judge.
- O'DONNELL v. Fidelity General Ins. Co. 344 So. 2d 91 La. Ct. App. 2d Cir. 1977
- Smith v. Early American Insurance Co. of Montgomery 344 So. 2d 397 La. Ct. App. 1st Cir. 1977
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Ledet v. Hibernia National Bank of New Orleans
344 So. 2d 52
La. Ct. App. 1st Cir. 1977
See Coco v. Winston Industries, Inc.
- Jinks v. McClure 344 So. 2d 675 La. Ct. App. 3d Cir. 1977