Cited by
Opinions in Louisiana that cite Reck v. Stevens, 373 So. 2d 498.
- Tucker v. Pinder 631 So. 2d 735 La. Ct. App. 3d Cir. 1994
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Stewart v. Select Ins. Co.
631 So. 2d 599
La. Ct. App. 3d Cir. 1994
Coco v. Winston Industries, Inc.
- Powell v. Automotive Cas. Ins. Co. 631 So. 2d 581 La. Ct. App. 3d Cir. 1994
- Owens v. Anderson 631 So. 2d 1313 La. Ct. App. 4th Cir. 1994
- Spurrell v. Ivey 630 So. 2d 1378 La. Ct. App. 2d Cir. 1994
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Rick v. STATE, DOTD
630 So. 2d 1271
La. 1994
The court of appeal did not articulate any reasons for the lower award
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Chenniliaro v. Kaufman & Broad Home Sys.
636 So. 2d 246
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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Gaston v. G & D Marine Services, Inc.
631 So. 2d 547
La. Ct. App. 4th Cir. 1994
Coco v. Winston Industries, Inc., (La.App.
- Barr v. Smith 631 So. 2d 76 La. Ct. App. 2d Cir. 1994
- Guilfore v. DH Holmes Co., Ltd. 631 So. 2d 491 La. Ct. App. 4th Cir. 1994
- Deal v. Freed 631 So. 2d 459 La. Ct. App. 1st Cir. 1994
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Sinor v. National Cas. Co.
633 So. 2d 720
La. Ct. App. 1st Cir. 1993
239 , (1963) through Coco v. Winston Industries, Inc., and through Reck [ ] 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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Foret v. Terrebonne Towing Co., Inc.
632 So. 2d 344
La. Ct. App. 1st Cir. 1993
239 , (1963) through Coco v. Winston Industries, Inc., and through Reck [v. Stevens, ] [(La.1979)] 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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Pino v. Gauthier
633 So. 2d 638
La. Ct. App. 1st Cir. 1993
Coco v. Winston Industries, Inc., (La.
- Dent v. Perkins 629 So. 2d 1354 La. Ct. App. 4th Cir. 1993
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Lauriano v. Schwegmann Giant Super Market
629 So. 2d 1341
La. Ct. App. 1st Cir. 1993
that appellee had a pre-existing arthritic condition of the spine and degenerative disease of the knee, it is well settled in our jurisprudence that “a tortfeasor takes his victim as he finds him, and he is responsible in damages for the consequences of his tort although the damages so caused are greater because of a prior condition of the victim which is aggravated by the tort.”
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Guy v. ABC Insurance Co.
629 So. 2d 1350
La. Ct. App. 1st Cir. 1993
Coco v. Winston Industries, Inc.
- Corley v. Delaney 629 So. 2d 1255 La. Ct. App. 3d Cir. 1993
- Hackman v. Southern Farm Bureau Ins. Co. 629 So. 2d 531 La. Ct. App. 5th Cir. 1993
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Futrell v. Scott Truck and Tractor Co.
629 So. 2d 449
La. Ct. App. 3d Cir. 1993
Further, the initial inquiry must always be directed to whether the award for the particular injuries and their effects upon the particular injured person is a clear abuse of the jury's much discretion.
- Hoback v. KMart Corp. 628 So. 2d 1258 La. Ct. App. 1st Cir. 1993
- Underwood v. Dunbar 628 So. 2d 211 La. Ct. App. 2d Cir. 1993
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Brinson v. Morgan City Housing Authority
629 So. 2d 1214
La. Ct. App. 1st Cir. 1993
Coco v. Winston Industries, Inc.
- Ly v. State Through Dept. of Public Safety and Corrections 633 So. 2d 197 La. Ct. App. 1st Cir. 1993
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Ambrose v. New Orleans Police Dept.
627 So. 2d 233
La. Ct. App. 4th Cir. 1993
Coco v. Winston Industries, Inc., (La.App.
- Andrus v. Board 626 So. 2d 1224 La. Ct. App. 3d Cir. 1993
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Hill v. Sampson
628 So. 2d 81
La. Ct. App. 2d Cir. 1993
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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Sandidge v. State ex rel. Department of Transportation & Development
626 So. 2d 560
La. Ct. App. 1st Cir. 1993
In Youn, our Supreme Court stated: “ 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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Theriot v. Allstate Ins. Co.
625 So. 2d 1337
La. 1993
And, "[i]t is only after articulated analysis of the facts discloses an abuse of discretion, that the award may on appellate review be considered either excessive or insufficient,"
- McDonough v. Royal Sonesta, Inc. 626 So. 2d 438 La. Ct. App. 4th Cir. 1993
- Weeks v. TL James & Co. Inc. 626 So. 2d 420 La. Ct. App. 3d Cir. 1993
- Lasha v. Olin Corp. 625 So. 2d 1002 La. 1993
- Kimble v. Reason 626 So. 2d 6 La. Ct. App. 1st Cir. 1993
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Feigler v. Transit Management of Southeast Louisiana, Inc.
626 So. 2d 385
La. Ct. App. 1st Cir. 1993
this Court commented on appellate review of general damage awards on the “much discretion” in fixing damages accorded to trial courts by La.Civ.Code art. 1934(3) (1870).
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Bowers v. Viator
625 So. 2d 355
La. Ct. App. 3d Cir. 1993
On appeal, the standard of review for determining whether a general damage award is excessive was set out in Coco v. Winston Industries, Inc.
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Buckbee v. Aweco, Inc.
626 So. 2d 1191
La. Ct. App. 3d Cir. 1993
the court recognized that the primary purpose of the judge or jury in fixing the award in a personal injury case is to adequately compensate the injured person for his injury under the facts shown to exist in his case.
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Youn v. Maritime Overseas Corp.
623 So. 2d 1257
La. 1993
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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Norfleet v. Southern Baptist Hospital
623 So. 2d 891
La. Ct. App. 1st Cir. 1993
Coco v. Winston Industries, Inc., (La.App.
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Smith v. Atkins
622 So. 2d 795
La. Ct. App. 4th Cir. 1993
we increase the award to $5,000.00, the lowest amount that could be awarded.
- Seymour v. Cigna Insurance Co. 622 So. 2d 839 La. Ct. App. 1st Cir. 1993
- King v. OUR LADY OF THE LAKE MED. CENTER 623 So. 2d 139 La. Ct. App. 1st Cir. 1993
- Berthelot v. Aetna Cas. and Sur. Co. 623 So. 2d 14 La. Ct. App. 1st Cir. 1993
- Lesassier v. Winn Dixie Louisiana, Inc. 621 So. 2d 196 La. Ct. App. 1st Cir. 1993
- Thomas v. Insurance Corp. of America 621 So. 2d 67 La. Ct. App. 2d Cir. 1993
- Horton v. McCrary 620 So. 2d 918 La. Ct. App. 3d Cir. 1993
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Breaux v. Maturin
619 So. 2d 174
La. Ct. App. 3d Cir. 1993
Coco v. Winston Industries, Inc., (La.App.
- Rick v. State, Through DOTD 619 So. 2d 1149 La. Ct. App. 1st Cir. 1993
- Jenkins v. STATE, DEPT. OF TRANSP. & DEV. 619 So. 2d 1188 La. Ct. App. 1st Cir. 1993
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McKenzie v. Alton Ochsner Medical Foundation
621 So. 2d 6
La. Ct. App. 1st Cir. 1993
Coco v. Winston Industries, Inc.
- Mullins v. Melerine 636 So. 2d 240 La. Ct. App. 1st Cir. 1993