Cited by

Opinions in Louisiana that cite Folse v. Fakouri, 371 So. 2d 1120.

193 citing documents.

Ella D. Wilson Versus Canal Insurance Company, Jordan Carriers, Inc. and Dwayne S. Gordon La. Ct. App. 5th Cir. 2022
Kim D. Simon Versus Automobile Club Inter-Insurance Exchange, State Farm Mutual Automobile Insurance Company, and Shannon D. Singleton La. Ct. App. 5th Cir. 2021
Lee v. La. Bd. of Trs. for State Colls. 275 So. 3d 287 La. Ct. App. 1st Cir. 2019
In Cooper , the court initially noted the difference between "loss of future earnings" and "loss of earning capacity," citing the supreme court case of Folse v. Fakouri , (1979).
Brandy Lynn Fecke, Stephen C. Fecke, and Karen Fecke v. the Board of Supervisors of Louisiana State University … 217 So. 3d 237 La. 2016
which forms the basis of the claim.” (La.
Karl E. Kimsey v. National Automotive Insurance Co. La. Ct. App. 3d Cir. 2016
Kimsey v. National Automotive Insurance Co. 191 So. 3d 1172 La. Ct. App. 1st Cir. 2016
Fecke v. Board of Supervisors 180 So. 3d 326 La. Ct. App. 1st Cir. 2015
Williams v. Walgreen Louisiana Co. 168 So. 3d 812 La. Ct. App. 1st Cir. 2015
Williams v. Board of Supervisors of University of Louisiana System 135 So. 3d 804 La. Ct. App. 2d Cir. 2014
Scarberry v. Entergy Corp. 136 So. 3d 194 La. Ct. App. 1st Cir. 2014
Damages should be estimated on the injured person’s ability to earn money, rather than what he actually earned before the injury.” (citations omitted).
Felicia Clement v. Scott A. Citron La. Ct. App. 3d Cir. 2013
Clement v. Citron 115 So. 3d 1260 La. Ct. App. 1st Cir. 2013
Co., 07-2312, p. 8 (La.7/1/08), ().
Margaret Montalvo Richard v. Harold Artigue La. Ct. App. 3d Cir. 2012
Richard v. Artigue 87 So. 3d 997 La. Ct. App. 1st Cir. 2012
Rider v. Ambeau 100 So. 3d 849 La. Ct. App. 1st Cir. 2012
1st Cir.), units denied, , 1057 (La.1983), citing Folse v. Fak- *862 ouri
Steven P. Guillory, Et Ux. v. Christopher P. Saucier La. Ct. App. 3d Cir. 2011
Guillory v. Saucier 79 So. 3d 1188 La. Ct. App. 1st Cir. 2011
Gregory Mouton v. Encompass Ins. Co. La. Ct. App. 3d Cir. 2011
We have reviewed the trial court’s jury charges and find that while they did not state specifically what Mr. Mouton requested, they adequately stated the law on earning capacity and set forth the factors the jury could consider in determining an award for loss of earning capacity
Starr v. State Ex Rel. Department of Transportation & Development 70 So. 3d 128 La. Ct. App. 2d Cir. 2011
Schysm v. Boyd 47 So. 3d 977 La. Ct. App. 2d Cir. 2010
-24 (La.1979): What plaintiff earned before and after the injury does not constitute the measure.
James Jason, III v. Louisiana Municipal Risk Management Agency La. Ct. App. 3d Cir. 2009
ssert that the evidence does not establish that his earning capacity was reduced as a result of the accident and that the award “appears to have been arbitrarily arrived at.” 11 The supreme court reviewed the law on loss of earning capacity in Ryan, 988 at 219, : Earning capacity in itself is not necessarily determined by actual loss; damages may be assessed for the deprivation of what the injured plaintiff could have earned despite the fact that he may never have seen fit to take advantage of t
Jason v. Louisiana Municipal Risk Management Agency 27 So. 3d 329 La. Ct. App. 1st Cir. 2009
They also assert that the evidence does not establish that his earning capacity was reduced as a result of the accident and that the award “appears to have been arbitrarily arrived at.” 112The supreme court reviewed the law on loss of earning capacity in Ryan, 988 So.2d at 219 , : Earning capacity in itself is not necessarily determined by actual loss; damages may be assessed for the deprivation of what the injured plaintiff could have earned despite the fact that he may never have seen fit to t
DUNOMES v. Plaquemines Parish Government 24 So. 3d 242 La. Ct. App. 1st Cir. 2009
|9 defined “lack of earning capacity” as follows: “[Wjhile his earning capacity at the time of the injury is relevant, it is not necessarily determinative of his future ability to earn....
Brewer v. J.B. Hunt Transport, Inc. 9 So. 3d 932 La. Ct. App. 1st Cir. 2009
Adele Gradnigo, Et Ux. v. Louisiana Farm Bureau Casualty Ins. Co. La. Ct. App. 3d Cir. 2009
-24 (La.1979) as follows: What plaintiff earned before and after the injury does not constitute the measure.
Gradnigo v. Louisiana Farm Bureau Casualty Ins. Co. 6 So. 3d 367 La. Ct. App. 1st Cir. 2009
-24 (La.1979) as follows: What plaintiff earned before and after the injury does not constitute the measure.
Jenkins v. State ex rel. Department of Transportation & Development 993 So. 2d 749 La. Ct. App. 1st Cir. 2008
Jenkins v. STATE EX REL. DOTD 993 So. 2d 749 La. Ct. App. 1st Cir. 2008
Clarkston v. Louisiana Farm Bureau Casualty Insurance 989 So. 2d 164 La. Ct. App. 1st Cir. 2008
Clarkston v. LA. FARM BUREAU CAS. INS. CO. 989 So. 2d 164 La. Ct. App. 4th Cir. 2008
Ryan v. Zurich American Ins. Co. 988 So. 2d 214 La. 2008
-34 (La.1979) as follows: What plaintiff earned before and after the injury does not constitute the measure.
D'AMBROSIA v. Lang 985 So. 2d 800 La. Ct. App. 5th Cir. 2008
Marcus Ryan v. Zurich American Insurance Company La. Ct. App. 3d Cir. 2007
Ryan v. Zurich American Ins. Co. 970 So. 2d 42 La. Ct. App. 3d Cir. 2007
Cooper v. Public Belt Railroad 886 So. 2d 531 La. Ct. App. 1st Cir. 2004
Engles v. City of New Orleans 872 So. 2d 1166 La. Ct. App. 4th Cir. 2004
Moore v. Kenilworth/Kailas Properties 865 So. 2d 884 La. Ct. App. 1st Cir. 2004
Bonin v. Ferrellgas, Inc. 855 So. 2d 781 La. Ct. App. 3d Cir. 2003
Klint Fruge v. Hebert Oilfield Construction, Inc. La. Ct. App. 3d Cir. 2003
Fruge v. Hebert Oilfield Const., Inc. 856 So. 2d 100 La. Ct. App. 3d Cir. 2003
Aguillard v. Meiners 857 So. 2d 1034 La. Ct. App. 5th Cir. 2003
the Court stated: Earning capacity in itself is not necessarily determined by actual loss; damages may be assessed for the deprivation of what the injured plaintiff could have earned despite the fact that he may never have seen fit to take advantage of that capacity.
Hall v. Brookshire Bros., Ltd. 831 So. 2d 1010 La. Ct. App. 3d Cir. 2002
However, : Earning capacity in itself is not necessarily determined by actual loss; damages may be assessed for the deprivation of what the injured plaintiff could have earned despite the fact that he may never have seen fit to take advantage of that capacity.
Younce v. Pacific Gulf Marine, Inc. 817 So. 2d 255 La. Ct. App. 5th Cir. 2002
Fleming v. Smith, 93-488, at 9 (La.App.
Hebert v. Old Republic Ins. Co. 807 So. 2d 1114 La. Ct. App. 5th Cir. 2002
Fleming v. Smith, 93-488, at 9 (La.App.
Crooks v. Metropolitan Life Ins. Co. 779 So. 2d 966 La. Ct. App. 3d Cir. 2001
Fontenot v. Laperouse 774 So. 2d 278 La. Ct. App. 4th Cir. 2000
In Hobgood v. Aucoin, 1 it stated: this court recognized that in determining an award for loss of earnings and earning capacity, what the plaintiff earned before and after the injury does not constitute the measure.
Wood v. Subsea International, Inc. 766 So. 2d 563 La. Ct. App. 1st Cir. 2000
Taylor v. Tulane Medical Center 751 So. 2d 949 La. Ct. App. 4th Cir. 2000
Plaintiffs assert that loss of earnings capacity is not measured by what the plaintiff earned prior to injury
Lederer v. Famous Entertainment, Inc. 732 So. 2d 1277 La. Ct. App. 4th Cir. 1999
Meshell v. Lovell 732 So. 2d 83 La. Ct. App. 3d Cir. 1999