Cited by

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

193 citing documents.

Brown v. Southern Baptist Hosp. 715 So. 2d 423 La. Ct. App. 4th Cir. 1998
Buffinet v. Plaquemines Parish Com'n, 93-0840, pp. 20-21 (La.App.
Creel v. St. Charles Gaming Co., Inc. 707 So. 2d 475 La. Ct. App. 3d Cir. 1998
Konneker v. Sewerage & Water Bd. 703 So. 2d 1341 La. Ct. App. 4th Cir. 1997
Baker v. Freeman 702 So. 2d 1140 La. Ct. App. 3d Cir. 1997
the Louisiana Supreme Court held the following with regard to loss of earning capacity: (La.
Eppinette v. City of Monroe 698 So. 2d 658 La. Ct. App. 2d Cir. 1997
Ruiz v. Oniate 697 So. 2d 1373 La. Ct. App. 4th Cir. 1997
Mistich v. Volkswagen of Germany, Inc. 698 So. 2d 47 La. Ct. App. 4th Cir. 1997
In the seminal case on loss *52 of earning capacity, the court authorized the award on the basis of hard evidence which supported the probability that plaintiff had the ability to earn more money than he was actually earning at the time of his accident.
Burnaman v. Risk Management, Inc. 698 So. 2d 17 La. Ct. App. 3d Cir. 1997
Dauzat v. Canal Ins. Co. 692 So. 2d 739 La. Ct. App. 3d Cir. 1997
Hollenbeck v. Oceaneering Intern., Inc. 685 So. 2d 163 La. Ct. App. 1st Cir. 1996
We have previously observed: Factors to be considered in determining a proper award for lost future income are the plaintiff's physical condition before the injury, the plaintiff's past work history and consistency thereof, the amount the plaintiff probably would have earned absent the injury complaine
Broussard v. Wal-Mart Stores, Inc. 682 So. 2d 894 La. Ct. App. 3d Cir. 1996
3 Cir.), writs denied, , 702 (La.1993), (La.
Carter v. Baham 683 So. 2d 299 La. Ct. App. 4th Cir. 1996
Sallis v. City of Bossier City 680 So. 2d 1333 La. Ct. App. 2d Cir. 1996
Pierce v. Milford 688 So. 2d 1093 La. Ct. App. 1st Cir. 1996
The theory is that the injury done him has deprived him of a
Pierce v. Milford 688 So. 2d 1093 La. Ct. App. 3d Cir. 1996
Hollie v. Beauregard Parish Police Jury 680 So. 2d 1218 La. Ct. App. 3d Cir. 1996
Steadman v. Georgia-Pacific Corp. 672 So. 2d 420 La. Ct. App. 1st Cir. 1996
Guillory v. Insurance Co. of North America 671 So. 2d 1112 La. Ct. App. 3d Cir. 1996
Callihan v. Town of Vinton 668 So. 2d 735 La. Ct. App. 3d Cir. 1996
Maranto v. Goodyear Tire & Rubber Co. 661 So. 2d 503 La. Ct. App. 2d Cir. 1995
Delphen v. Dept. of Transp. & Dev. 657 So. 2d 328 La. Ct. App. 4th Cir. 1995
Daigle v. US Fidelity and Guar. Ins. Co. 655 So. 2d 431 La. Ct. App. 1st Cir. 1995
Haydel v. Hercules Transport, Inc. 654 So. 2d 418 La. Ct. App. 1st Cir. 1995
Ehrman v. Holiday Inns, Inc. 653 So. 2d 732 La. Ct. App. 4th Cir. 1995
Istre v. Bratton 653 So. 2d 1205 La. Ct. App. 1st Cir. 1995
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.
Detraz v. Hartford Acc. & Indem. Co. 647 So. 2d 576 La. Ct. App. 3d Cir. 1994
Maynor v. Vosburg 648 So. 2d 411 La. Ct. App. 2d Cir. 1994
Thibodeaux v. USAA Cas. Ins. Co. 647 So. 2d 351 La. Ct. App. 1st Cir. 1994
Henry v. National Union Fire Insurance Company, 542 So.2d at 106 .
Buffinet v. Plaquemines Parish Com'n 645 So. 2d 631 La. Ct. App. 4th Cir. 1994
DeRouen v. Audirsch 639 So. 2d 476 La. Ct. App. 2d Cir. 1994
Chambers v. Graybiel 639 So. 2d 361 La. Ct. App. 2d Cir. 1994
Dupre v. Exxon Pipeline Co. 638 So. 2d 1118 La. Ct. App. 3d Cir. 1994
Fleming v. Smith 638 So. 2d 467 La. Ct. App. 5th Cir. 1994
(Emphasis ours) Furthermore, the Supreme Court stated as follows: 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.
Stapleton v. Great Lakes Chemical Corp. 639 So. 2d 300 La. Ct. App. 2d Cir. 1994
Otnott v. Morgan 636 So. 2d 957 La. Ct. App. 4th Cir. 1994
the Supreme Court has steadily reduced the importance of hard evidence to support awards for loss of earnings and gravitated over to a nebulous concept of loss of earning capacity.
Babineaux v. Tollie Freightways, Inc. 628 So. 2d 1327 La. Ct. App. 3d Cir. 1993
Laing v. American Honda Motor Co., Inc. 628 So. 2d 196 La. Ct. App. 2d Cir. 1993
Norfleet v. Southern Baptist Hospital 623 So. 2d 891 La. Ct. App. 1st Cir. 1993
Finnie v. Vallee 620 So. 2d 897 La. Ct. App. 4th Cir. 1993
our Supreme Court discussed at length this type of damage.
Horton v. McCrary 620 So. 2d 918 La. Ct. App. 3d Cir. 1993
and remains unchanged today.
Martino v. Sunrall 619 So. 2d 87 La. Ct. App. 1st Cir. 1993
Jenkins v. Kerr-McGee Corp. 613 So. 2d 1097 La. Ct. App. 3d Cir. 1993
(Emphasis ours) Furthermore, the Supreme Court stated as follows: 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.
Cornett v. STATE THROUGH WO MOSS REG. HOSP 614 So. 2d 189 La. Ct. App. 3d Cir. 1993
3rd Cir.1982), writ denied
Cornett v. State ex rel. W.O. Moss Regional Hospital 614 So. 2d 189 La. Ct. App. 1st Cir. 1993
3rd Cir.1982), writ denied
Bolton v. Nagalla 609 So. 2d 1134 La. Ct. App. 2d Cir. 1992
Bacle v. Wade 607 So. 2d 927 La. Ct. App. 2d Cir. 1992
Bacle v. Wade 607 So. 2d 927 La. Ct. App. 2d Cir. 1992
Smith v. Two" R" Drilling Co., Inc. 606 So. 2d 804 La. Ct. App. 4th Cir. 1992
1990); Coco v. Winston Industries, Inc.
Housley v. Cerise 597 So. 2d 71 La. Ct. App. 1st Cir. 1992
as support for their argument that earning capacity is not necessarily determined by actual loss.
Moore v. Chrysler Corp. 596 So. 2d 225 La. Ct. App. 2d Cir. 1992