Cited by
Opinions in Louisiana that cite Coco v. Winston Industries, Inc., 341 So. 2d 332.
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Hussey v. Russell
934 So. 2d 766
La. Ct. App. 1st Cir. 2006
Rather, the supreme court in Clement instructed appellate courts that the appropriate approach, after finding manifest error in apportionment of fault, is to apply the Coco v. Winston Industries, Inc., approach used with respect to an erroneous damages award; i.e., "it should adjust the award, but only to the extent of lowering or raising it to the highest or lowest point respectively which is reasonably within the trial court's discretion."
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Melancon v. Lafayette Ins. Co.
926 So. 2d 693
La. Ct. App. 3d Cir. 2006
Coco v. Winston Indus., Inc.
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Rico v. Sewerage & Water Board of New Orleans
929 So. 2d 143
La. Ct. App. 1st Cir. 2006
Coco v. Winston Ind,., Inc.
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James E. Viviano, Et Ux. v. Progressive Security Ins. Co.
La. Ct. App. 3d Cir. 2006
239, (1963) through Coco v. Winston 13 Industries, Inc., and through Reck to the present case is that the discretion vested in the trier of fact is "great," and even vast, so that an appellate court should rarely disturb an award of general damages.
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Viviano v. Progressive SEC. Ins. Co.
920 So. 2d 313
La. Ct. App. 3d Cir. 2006
239 , (1963) through Coco v. Winston Industries, Inc., (La.
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Raines v. Columbia Lakeland Medical Center
923 So. 2d 170
La. Ct. App. 4th Cir. 2006
Coco v. Winston Indus., Inc.
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Gerard Simon and Monica Simon v. Francois Lacoste
La. Ct. App. 3d Cir. 2005
Coco v. Winston Indus., Inc.
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Simon v. Lacoste
918 So. 2d 1102
La. Ct. App. 3d Cir. 2005
Coco v. Winston Indus., Inc.
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Joseph Moraus v. Jennifer Frederick
La. Ct. App. 3d Cir. 2005
Coco v. Winston Indus., Inc.
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Tessica Spears v. City of Scott
La. Ct. App. 3d Cir. 2005
Coco v. Winston Indus., Inc.
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Moraus v. Frederick
916 So. 2d 474
La. Ct. App. 3d Cir. 2005
Coco v. Winston Indus., Inc.
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Spears v. City of Scott
915 So. 2d 983
La. Ct. App. 3d Cir. 2005
Coco v. Winston Indus., Inc.
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M. Jayne Yellot v. Underwriters In. Co. and Sabine Pools, Inc.
La. Ct. App. 3d Cir. 2005
Inc., see also Veazey v. State Farm Mut.
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Yellott v. Underwriters Ins. Co.
915 So. 2d 917
La. Ct. App. 3d Cir. 2005
Inc., see also Veazey v. State Farm Mut.
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Stephen P. Basco, Et Ux. v. Liberty Mutual Ins. Co.
La. Ct. App. 3d Cir. 2005
Coco v. Winston Indus., Inc.
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Basco v. Liberty Mut. Ins. Co.
909 So. 2d 660
La. Ct. App. 3d Cir. 2005
Coco v. Winston Indus., Inc.
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Doe Ex Rel. Doe v. Desoto Parish School Bd.
907 So. 2d 275
La. Ct. App. 2d Cir. 2005
See Coco v. Winston Industries, Inc., for purposes of then determining what would be an appropriate award for the present case.
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Elridge Menard and Pauline Menard v. Federated Mutual Insurance Co.
La. Ct. App. 3d Cir. 2005
Coco v. Winston Indus., Inc.
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Menard v. Federated Mut. Ins. Co.
906 So. 2d 746
La. Ct. App. 3d Cir. 2005
Coco v. Winston Indus., Inc.
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Stanford v. Town of Ball
903 So. 2d 1235
La. Ct. App. 3d Cir. 2005
We review the trial court's general damage award using the abuse of discretion standard set forth in Coco v. Winston Industries, Inc.
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Rodney Knox v. Calcasieu Parish Police Jury
La. Ct. App. 3d Cir. 2005
10/17/00), (quoting Coco v. Winston Indus., Inc., ): Before a Court of Appeal can disturb an award made by a [factfinder,] the record must clearly reveal that the trier of fact abused its discretion in making its award.
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Knox v. Calcasieu Parish Police Jury
900 So. 2d 1128
La. Ct. App. 1st Cir. 2005
The standard of review for an award for damages is set forth in Wainwright v. Fontenot, 00-192, p. 6 (La.10/17/00), (quoting Coco v. Winston Indus., Inc., ): Before a Court of Appeal can disturb an award made by a [factfinder,] the record must clearly reveal that the trier of fact abused its discretion in making its award.
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In re New Orleans Train Car Leakage Fire Litigation
903 So. 2d 9
La. Ct. App. 1st Cir. 2005
239 , (1963) through Coco v. Winston Industries, Inc., and through Reck to the present case is that the discretion vested in the trier of fact is “great,” and even vast, so that an appellate court should rarely disturb an award of general damages in a particular case.
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Motton v. Lockheed Martin Corp.
900 So. 2d 901
La. Ct. App. 4th Cir. 2005
Coco v. Winston Industries, Inc.
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Wilson v. Transportation Consultants, Inc.
899 So. 2d 590
La. Ct. App. 4th Cir. 2005
Coco v. Winston Industries, Inc.
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Bailey v. Nunez
898 So. 2d 589
La. Ct. App. 4th Cir. 2005
Coco v. Winston Industries, Inc., Spillers v. Montgomery Ward & Co.
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Daniels v. Seruntine
900 So. 2d 47
La. Ct. App. 1st Cir. 2005
Coco v. Winston Indus., Inc.
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LeMasters v. Boyd Gaming Corp.
898 So. 2d 497
La. Ct. App. 5th Cir. 2005
Coco v. Winston Indus., Inc.
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Wilson v. LeBlanc
906 So. 2d 529
La. Ct. App. 1st Cir. 2005
Coco v. Winston Indus., Inc., Dennis v. The Finish Line, Inc., 99-1413, pp. 19-20 (La.App.
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Ginger McIntosh, Indiv. v. Wayne F. McElveen, Sheriff
La. Ct. App. 3d Cir. 2005
Coco v. Winston Indus., Inc.
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McIntosh v. McElveen
893 So. 2d 986
La. Ct. App. 3d Cir. 2005
Coco v. Winston Indus., Inc.
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Henry v. Williams
892 So. 2d 765
La. Ct. App. 2d Cir. 2005
Inc., Sepulvado v. Turner, 37,912 (La.App.
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Noran J. Robin, Jr., Et Ux. v. Allstate Indemnity Company
La. Ct. App. 3d Cir. 2004
al), the supreme court restated the law concerning appellate review of damage awards as follows: Our jurisprudence has consistently held that in the assessment of damages, much discretion is left to the judge or jury, and upon appellate review such awards will be disturbed only when there has been a clear abuse of that discretion, Coco v. Winston Industries, Inc.
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Robin v. Allstate Indemnity Co.
889 So. 2d 450
La. Ct. App. 1st Cir. 2004
0 (La.1993) (alteration in original), the supreme court restated the law concerning appellate review of damage awards as follows: Our jurisprudence has consistently held that in the assessment of damages, much discretion is left to the judge or jury, and upon appellate review such awards will be disturbed only when there has been a clear abuse of that discretion, Coco v. Winston Industries, Inc.
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Sam A. Daigle and Theresa M. Daigle v. Trinity United Mortgage, LLC & Joe Diez
La. Ct. App. 3d Cir. 2004
Coco v. Winston Indus., Inc., (internal citations omitted).
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Daigle v. Trinity United Mortgage, L.L.C.
890 So. 2d 583
La. Ct. App. 1st Cir. 2004
Coco v. Winston Indus., Inc., (internal citations omitted).
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Washington v. Aetna Life Ins. Co.
886 So. 2d 572
La. Ct. App. 4th Cir. 2004
Coco v. Winston Industries, Inc., cert.
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Joseph v. Houston
886 So. 2d 1133
La. Ct. App. 5th Cir. 2004
Coco v. Winston Industries, Inc.
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Brooks v. SO. U. AND AGR. AND MECH. COLLEGE
877 So. 2d 1194
La. Ct. App. 4th Cir. 2004
Then, if the appellate court determines that the JNOV was properly *1225 granted, the second part of the inquiry is to review the JNOV according to the manifest error standard as enunciated in Coco v. Winston Industries, Inc.
- Thibodeaux v. Jurgelsky 879 So. 2d 909 La. Ct. App. 1st Cir. 2004
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Finnie v. LeBlanc
875 So. 2d 71
La. Ct. App. 3d Cir. 2004
Coco v. Winston Indus., Inc., (internal citations omitted).
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Guillot v. Doe
879 So. 2d 374
La. Ct. App. 3d Cir. 2004
Therefore, according to the dictates of Coco v. Winston Indus., Inc., I would reduce the award of general damages to the highest point reasonably within the trial court's discretion.
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Melvin G. Guillot, Indiv. Etc v. John Doe, Indiv.
La. Ct. App. 3d Cir. 2004
2 See Coco v. Winston Indus., Inc.
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Cole v. STATE, DEPT. OF PUBLIC SAFETY
886 So. 2d 463
La. Ct. App. 1st Cir. 2004
(citing Coco v. Winston Industries, Inc., *466 ), the court instructed that, "Only after such a determination of an abuse of discretion is a resort to prior awards appropriate and then for the purpose of determining the highest or lowest point which is reasonably within that discretion."
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Musacchia v. Hilton New Orleans Corp.
876 So. 2d 901
La. Ct. App. 1st Cir. 2004
Coco v. Winston Industries, Inc.
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Baudier v. Cheron
876 So. 2d 165
La. Ct. App. 5th Cir. 2004
Charles, Coco v. Winston Industries, Inc., supra
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Scarbrough v. OK Guard Dogs
879 So. 2d 239
La. Ct. App. 1st Cir. 2004
(citing Coco v. Winston Industries, Inc., ), the court instructed that, "Only after such a determination of an abuse of discretion is a resort to prior awards appropriate and then for the purpose of determining the highest or lowest point which is reasonably within that discretion."
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Alexis Davey Taylor v. Allstate Ins. Co.
La. Ct. App. 3d Cir. 2004
We review the jury’s general damage award using the abuse of discretion standard set forth in Coco v. Winston Industries, Inc.
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Taylor v. Allstate Insurance Co.
872 So. 2d 621
La. Ct. App. 1st Cir. 2004
We review the jury’s general damage award using the abuse of discretion standard set forth in Coco v. Winston Industries, Inc.
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Craft v. Sewerage & Water Board of New Orleans
874 So. 2d 908
La. Ct. App. 1st Cir. 2004
at 1260; Coco v. Winston Industries, Inc.