Cited by

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

193 citing documents.

Finley v. Bass 478 So. 2d 608 La. Ct. App. 2d Cir. 1985
Klein v. Himbert 474 So. 2d 513 La. Ct. App. 4th Cir. 1985
at 1123-1124 (La., 1979).
Bourque v. Allvend, Inc. 474 So. 2d 1027 La. Ct. App. 1st Cir. 1985
What is pertinent is the effect that the injury had on his ability to earn a living
Harrington v. City of Abbeville 471 So. 2d 1160 La. Ct. App. 3d Cir. 1985
Turner v. Safeco Ins. Co. of America 472 So. 2d 43 La. Ct. App. 1st Cir. 1985
Freeman v. Harold Dickey Transport, Inc. 467 So. 2d 194 La. Ct. App. 3d Cir. 1985
3rd Cir. 1982), writ denied
Lynch v. Rush 468 So. 2d 1234 La. Ct. App. 1st Cir. 1985
There is no conflict between this conclusion and the court’s
Blakeney v. Tidewater Compression Service, Inc. 463 So. 2d 914 La. Ct. App. 2d Cir. 1985
Sepulvado v. Willis-Knighton Medical Center, Inc. 459 So. 2d 152 La. Ct. App. 2d Cir. 1984
Morgan v. Willis-Knighton Medical Center 456 So. 2d 650 La. Ct. App. 2d Cir. 1984
Ward v. Louisiana & Arkansas Railway Co., (La.App.
Ward v. La. & Ark. Ry. Co. 451 So. 2d 597 La. Ct. App. 2d Cir. 1984
Hill v. Sills, supra; Green v. Farmers Ins.
Wilson v. Wal-Mart Stores, Inc. 448 So. 2d 829 La. Ct. App. 2d Cir. 1984
It is true that earning capacity is not measured by actual loss ( ) and that future medical expenses should not be denied because it is impossible to establish the exact cost of it ( Cushman v. Fireman's Fund Ins.
Fuksman v. General Motors Corp. 447 So. 2d 74 La. Ct. App. 1st Cir. 1984
Roussel v. Berryhill 444 So. 2d 1286 La. Ct. App. 5th Cir. 1984
Our Louisiana Supreme Court in Folse v. *1293 Fakouri, recognized that damages for loss of future earnings or loss of future earning capacity should be based upon the injured person's ability to earn rather than upon what he actually earned prior to the injury.
Thibodaux v. Acme Truck Lines, Inc. 443 So. 2d 716 La. Ct. App. 5th Cir. 1983
Jacobs v. New Orleans Public Service, Inc. 432 So. 2d 843 La. 1983
Coco v. Winston Industries, Inc.
Jacobs v. New Orleans Public Service, Inc. 432 So. 2d 843 La. 1983
Coco v. Winston Industries, Inc.
Seals v. Morris 433 So. 2d 686 La. 1983
Dunaway v. Rester Refrigeration Service, Inc. 428 So. 2d 1064 La. Ct. App. 1st Cir. 1983
Naylor v. La. Dept. of Public Highways 423 So. 2d 674 La. Ct. App. 1st Cir. 1982
damages for lost future earnings or loss of future earning capacity should be based on the injured person's ability to earn money, rather than on what he actually earned prior to the injury.
Seals v. Morris 423 So. 2d 652 La. Ct. App. 1st Cir. 1982
Christoff v. Evans Cooperage Co. 420 So. 2d 1153 La. Ct. App. 1st Cir. 1982
Here the record does not “clearly reveal that the trier of *1155 fact abused its discretion in making its award.” We also agree that the court award for loss of wages, based on an hourly rate of $9 per hour for the time in which plaintiffs were incapable of being employed, is correct and in accord with the Supreme Court holding in Folse v. Fakouri, La., .
Allen v. Ball 417 So. 2d 1373 La. Ct. App. 1st Cir. 1982
Legrone v. New Orleans Public Service 415 So. 2d 997 La. Ct. App. 4th Cir. 1982
An award for loss of earnings is not prevented by the plaintiff's being unemployed or underemployed as of the accident
Durrett v. State 416 So. 2d 562 La. Ct. App. 1st Cir. 1982
as follows: "What plaintiff earned before and after the injury does not constitute the measure.
Palermo v. Allstate Ins. Co. 415 So. 2d 437 La. Ct. App. 1st Cir. 1982
Green v. Farmers Ins. Co. 412 So. 2d 1136 La. Ct. App. 2d Cir. 1982
After arriving at its conclusions of fact, as follows: The jury was entitled to determine from these and other factors in the record the probabilities and estimates of plaintiff's ability to earn money.
Unbehagen v. Bollinger Workover, Inc. 411 So. 2d 507 La. Ct. App. 1st Cir. 1982
Walton v. William Wolf Baking Co., Inc. 406 So. 2d 168 La. 1981
Martin v. McHann 404 So. 2d 1297 La. Ct. App. 1st Cir. 1981
Hill v. Sills 404 So. 2d 1323 La. Ct. App. 2d Cir. 1981
Scheer v. Pat O'Brien's Bar, Inc. 404 So. 2d 292 La. Ct. App. 1st Cir. 1981
this evidence was quite sufficient to enable the jury to include a substantial figure in its verdict for loss of earnings.
Cushman v. Fireman's Fund Ins. Co. 401 So. 2d 477 La. Ct. App. 2d Cir. 1981
Wilson v. Aetna Cas. & Sur. Co. 401 So. 2d 500 La. Ct. App. 2d Cir. 1981
Stablier v. City of Baton Rouge 393 So. 2d 148 La. Ct. App. 1st Cir. 1981
(1979), held that damages should be based on an injured person's ability to earn money, rather than on what he actually earned before the injury.
Danna v. Howard Griffin, Inc. 388 So. 2d 446 La. Ct. App. 2d Cir. 1980
Diefenderfer v. Louisiana Farm Bur. Mut. Ins. Co. 383 So. 2d 1032 La. Ct. App. 1st Cir. 1980
Fakouri v. Insurance Co. of North America 378 So. 2d 1083 La. Ct. App. 3d Cir. 1979
Cardwell v. Jefferson Rentals Division 379 So. 2d 255 La. Ct. App. 4th Cir. 1979
These additional briefs should examine our original opinion dated May 4, 1979
Schwartz v. United States Fire Ins. Co. 375 So. 2d 718 La. Ct. App. 4th Cir. 1979
Also see Folse v. Fakouri, La., , in which the court made this statement regarding a claim for future loss of earning capacity: "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
Hardie v. Pylant 375 So. 2d 189 La. Ct. App. 2d Cir. 1979
Harris v. Bardwell 373 So. 2d 777 La. Ct. App. 2d Cir. 1979
McCreary v. Commercial Union Ins. Co. 372 So. 2d 745 La. Ct. App. 4th Cir. 1979