Cited by
Opinions in Louisiana that cite Schexnayder v. Carpenter, 346 So. 2d 196.
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Thomisee v. State Farm Mutual Automobile Insurance Co.
376 So. 2d 1056
La. Ct. App. 1st Cir. 1979
Article 1934(3); Coco v. Winston Industries, Inc., and, and find that the award made is clearly excessive for the reasons set forth hereafter.
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Dillon v. Rice
375 So. 2d 742
La. Ct. App. 1st Cir. 1979
Considering the facts, as we must, in the light most favorable to plaintiff, we conclude there is sufficient evidence to indicate that from July 8, 1976 to the date of trial, plaintiff suffered steady pain.
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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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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.
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Reck v. Stevens
373 So. 2d 498
La. 1979
It is only after articulated analysis of the facts discloses an abuse of discretion, that the award may on appellate review, for articulated reason, be considered either excessive, or insufficient, Olds v. Ashley, 250 La.
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Folse v. Fakouri
371 So. 2d 1120
La. 1979
Coco v. Winston Industries, Inc., (La.
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Nugent v. U-Haul Co.
368 So. 2d 781
La. Ct. App. 1st Cir. 1979
and Tarver v. U-Haul Company, Inc., et al., (La.App.
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Wilson v. Magee
367 So. 2d 314
La. 1979
Carollo v. Wilson, supra ; Coco v. Winston Industries, Inc., supra .
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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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Greene v. Wright
365 So. 2d 551
La. Ct. App. 1st Cir. 1978
the Supreme Court said, "since the jury does have, under the law, much discretion in fixing damages, the appropriate procedure for testing whether the jury abused its discretion is to determine whether the award can be supported under the interpretation of the evidence most favorable to the plaintiff w
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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.
- Tarver v. U-Haul Co., Inc. 362 So. 2d 1157 La. Ct. App. 2d Cir. 1978
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Ulmer v. Baton Rouge General Hospital
361 So. 2d 1238
La. Ct. App. 1st Cir. 1978
the Supreme Court expressed the way to ascertain whether the jury had abused its discretion in the following language: "Since the jury does have, under the law, much discretion in fixing damages, the appropriate procedure for testing whether the jury abused its discretion is to determine whether the award c
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Fowler v. Western Union Tel. Co.
357 So. 2d 1305
La. Ct. App. 3d Cir. 1978
1976); and cases therein cited.
- Garden Hill Land Corp. v. Cambre 354 So. 2d 1064 La. Ct. App. 4th Cir. 1978
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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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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.
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Lewis v. Bell
356 So. 2d 1033
La. Ct. App. 1st Cir. 1977
Schexnayder v. Carpenter, La., ; (La.App.
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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., supra .
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Ardoin v. Hartford Acc. & Indem. Co.
350 So. 2d 205
La. Ct. App. 3d Cir. 1977
our Supreme Court set forth the procedure for testing whether the jury abused its discretion as follows: "Since the jury does have, under the law, much discretion in fixing damages, the appropriate procedure for testing whether the jury abused its discretion is to determine whether the award can be supported
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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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Domingue v. Continental Ins. Co.
348 So. 2d 209
La. Ct. App. 3d Cir. 1977
3 Cir. 1976), writ issued La., , amended
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Bevil v. HEATH TIMBER CO., INC.
347 So. 2d 889
La. Ct. App. 3d Cir. 1977
v. Carpenter et al., La., handed down May 16, 1977, in a further elaboration of Coco, supra, our Supreme Court stated that since the jury does have, under the law, much discretion in fixing damages, the appropriate procedure for testing whether the jury abused its discretion is to determine whether the award can be