Cited by
Opinions in Louisiana that cite Reck v. Stevens, 373 So. 2d 498.
- Jarreau v. Hirschey 650 So. 2d 1189 La. Ct. App. 1st Cir. 1994
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Cornish v. STATE, DEPT. OF TRANSP. AND DEVELOP. & DEV.
647 So. 2d 1170
La. Ct. App. 1st Cir. 1994
In the event that this court finds that the awards by both factfinders as to any particular element of damages are abusively high or abusively low, this court is free to evaluate the facts de novo
- Maeder v. Williams 652 So. 2d 1005 La. Ct. App. 4th Cir. 1994
- Sebastien v. McKay 649 So. 2d 711 La. Ct. App. 3d Cir. 1994
- Bush v. Arrow International 646 So. 2d 1173 La. Ct. App. 1st Cir. 1994
- Alleman v. Brownie Drilling Co. 647 So. 2d 371 La. Ct. App. 3d Cir. 1994
- Thibodeaux v. USAA Cas. Ins. Co. 647 So. 2d 351 La. Ct. App. 1st Cir. 1994
- Stevens v. Hartford Ins. Co. of Midwest 646 So. 2d 981 La. Ct. App. 3d Cir. 1994
- Broussard v. Meaux 649 So. 2d 661 La. Ct. App. 3d Cir. 1994
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Fitch v. Vintage Petroleum, Inc.
652 So. 2d 998
La. Ct. App. 3d Cir. 1994
239 , (1963) through Coco v. Winston Industries, Inc., and through Reck [v. Stevens, ] 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.
- Faulkner v. STATE, DEPT. OF TRANSP. & DEV. 645 So. 2d 268 La. Ct. App. 2d Cir. 1994
- Watterson v. Mallard Bay Drilling, Inc. 649 So. 2d 431 La. Ct. App. 3d Cir. 1994
- White v. STATE, DEPT. OF PUBLIC SAFETY & CORRECTIONS 644 So. 2d 684 La. Ct. App. 1st Cir. 1994
- James v. Webb 643 So. 2d 424 La. Ct. App. 3d Cir. 1994
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Alphonse v. Omni Hotels Management Corp.
643 So. 2d 836
La. Ct. App. 4th Cir. 1994
Anderson v. New Orleans Public Service, Inc.
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Rudd v. Atlas Processing Refinery
644 So. 2d 402
La. Ct. App. 2d Cir. 1994
Coco v. Winston Industries, Inc.
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Stephens v. Town of Jonesboro
642 So. 2d 274
La. Ct. App. 2d Cir. 1994
Jackson v. A.L. & W. Moore, (La.App.
- Edwards v. K & B, INC. 641 So. 2d 1040 La. Ct. App. 2d Cir. 1994
- Caldwell v. Smith 641 So. 2d 1011 La. Ct. App. 2d Cir. 1994
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McCann v. ABC Ins. Co.
640 So. 2d 865
La. Ct. App. 4th Cir. 1994
239 , (1963) through Coco v. Winston Industries, Inc., and through Reck [v. Stevens, ] 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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Alonzo v. Silverman & Marks Plumbing Co.
640 So. 2d 876
La. Ct. App. 1st Cir. 1994
239 , (1963) through Coco v. Winston Industries, Inc., and through Reck [v. Stevens, ] 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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Gilchrist v. Ozone Spring Water Co.
639 So. 2d 489
La. Ct. App. 4th Cir. 1994
Nevertheless, the theme that emerges from earlier jurisprudence, -1261 (La.1993), certiorari denied ___ U.S. ___, 114 S.Ct.
- Thompson v. Louisiana Dept. of Transp. 639 So. 2d 864 La. Ct. App. 3d Cir. 1994
- DeRouen v. Audirsch 639 So. 2d 476 La. Ct. App. 2d Cir. 1994
- Orillion v. Carter 639 So. 2d 461 La. Ct. App. 1st Cir. 1994
- Sledge v. Continental Cas. Co. 639 So. 2d 805 La. Ct. App. 2d Cir. 1994
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Williams v. General Motors Corp.
639 So. 2d 275
La. Ct. App. 4th Cir. 1994
Coco v. Winston Industries, Inc.
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Dupre v. Exxon Pipeline Co.
638 So. 2d 1118
La. Ct. App. 3d Cir. 1994
The Supreme Court, -1261 (La.1993) reiterated the standard of review for general damage award as follows: (La.
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Makin v. Continental Insurance Co.
638 So. 2d 460
La. Ct. App. 1st Cir. 1994
In that case at 1260-61, the Supreme Court restated the standard for review of general damages as follows: In Reck [v. Stevens, ], this court disapproved the appellate court’s simply reviewing the medical evidence and then concluding that the award for those injuries was excessive, without taking into consideration the particular effect on the particular plaintiff.
- Fleming v. Smith 638 So. 2d 467 La. Ct. App. 5th Cir. 1994
- Myers v. Burger King Corp. 638 So. 2d 369 La. Ct. App. 4th Cir. 1994
- White v. Longanecker 637 So. 2d 1213 La. Ct. App. 1st Cir. 1994
- Cheramie v. Horst 637 So. 2d 720 La. Ct. App. 1st Cir. 1994
- Rochel v. Terrebonne Parish School Bd. 637 So. 2d 753 La. Ct. App. 1st Cir. 1994
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Smith v. LOUISIANA HEALTH & HUMAN RES.
637 So. 2d 1177
La. Ct. App. 4th Cir. 1994
And, "[i]t is only after articulated analysis of the facts discloses an abuse of discretion, that the award may on appellate review by considered either excessive or insufficient,"
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Dixon v. Winn-Dixie Louisiana, Inc.
638 So. 2d 306
La. Ct. App. 4th Cir. 1994
Most recently, the supreme court described the appellate function in reviewing damages as follows: (La.
- Breaux v. Wal-Mart Stores, Inc. 635 So. 2d 667 La. Ct. App. 3d Cir. 1994
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Adams v. Lammon
635 So. 2d 373
La. Ct. App. 4th Cir. 1994
1059 , 127 L.Ed.2d 379 (1994); (La.
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Langlinais v. Figueroa
636 So. 2d 983
La. Ct. App. 1st Cir. 1994
: this Court commented on appellate review of general damage awards and on the “much discretion” in fixing damages accorded to trial courts by La.Civ.Code art. 1934(3) (1870).
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Simpson v. State Through DOTD
636 So. 2d 608
La. Ct. App. 1st Cir. 1994
through Coco v. Winston Industries, Inc., have been fraught with uncertainty.
- Blanchard v. Means Industries, Inc. 635 So. 2d 288 La. Ct. App. 5th Cir. 1994
- Ziegel v. South Central Bell 635 So. 2d 314 La. Ct. App. 5th Cir. 1994
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Russell ex rel. Wunstell v. Kossover
634 So. 2d 72
La. Ct. App. 4th Cir. 1994
239 , (1963) through Coco v. Winston Industries, Inc., and through Reck [v. Stevens, ] 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.
- Clement v. Griffin 634 So. 2d 412 La. Ct. App. 4th Cir. 1994
- Hayes v. Richard 634 So. 2d 1384 La. Ct. App. 3d Cir. 1994
- Davis v. Kreutzer 633 So. 2d 796 La. Ct. App. 4th Cir. 1994
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White v. Touro Infirmary
633 So. 2d 755
La. Ct. App. 4th Cir. 1994
Contrary to intervenor's assertion, we have found no consequential errors on the part of the trial court which would necessitate an independent review of quantum by us. Therefore, under which the initial inquiry is whether the trial court's award for the particular injuries and their effects upon this particular injured person is *761 a clear abuse of the trier of fact's "much discretion."
- Vicknair v. Dimitryadis 640 So. 2d 275 La. Ct. App. 4th Cir. 1994
- Ledet v. Burgess 632 So. 2d 1185 La. Ct. App. 1st Cir. 1994
- Fletcher v. Langley 631 So. 2d 693 La. Ct. App. 3d Cir. 1994