Cited by
Opinions in Louisiana that cite Reck v. Stevens, 373 So. 2d 498.
- Cazenave v. Pierce 568 So. 2d 1360 La. Ct. App. 4th Cir. 1990
- Nicholas v. Voiron 568 So. 2d 1139 La. Ct. App. 5th Cir. 1990
- Andres v. Liberty Mut. Ins. Co. 568 So. 2d 651 La. Ct. App. 3d Cir. 1990
- Hebert v. National Union Insurance Co. 567 So. 2d 788 La. Ct. App. 1st Cir. 1990
- Rochelle v. STATE, DOTD 570 So. 2d 13 La. Ct. App. 3d Cir. 1990
-
Burton v. Berthelot
567 So. 2d 649
La. Ct. App. 4th Cir. 1990
Coco v. Winston Industries, Inc., supra; Harris v. Doucette, supra.
-
McLaughlin v. Schwegmann Giant Supermarkets, Inc.
567 So. 2d 165
La. Ct. App. 4th Cir. 1990
Coco v. Winston Industries, Inc.
- Murray v. Sapp 573 So. 2d 495 La. Ct. App. 1st Cir. 1990
- Aaron v. Bolds 566 So. 2d 195 La. Ct. App. 2d Cir. 1990
- Miller v. Mahfouz 563 So. 2d 1223 La. Ct. App. 1st Cir. 1990
-
Lejeune v. Cook
563 So. 2d 1218
La. Ct. App. 1st Cir. 1990
Considering the testimony that by July of 1988, an MRI indicated absolutely no problems with Randolph's jaw, and that Randolph himself testified that his headaches resolved within two to three weeks after the splint was inserted, we cannot believe that the award of $12,500.00
-
Matthews v. Turner
566 So. 2d 133
La. Ct. App. 5th Cir. 1990
We will now consider the amounts awarded to Mrs. Matthews, bearing in mind the standard of review annunciated by the Supreme Court of Louisiana in Coco v. Winston Industries, Inc.
-
Pullen v. Ziegler
562 So. 2d 1093
La. Ct. App. 4th Cir. 1990
Perniciaro v. Brinch, supra ; (La.
-
Whatley v. Regional Transit Authority
563 So. 2d 1194
La. Ct. App. 4th Cir. 1990
Perniciaro v. Brinch, supra, at 395
- Clomon v. Monroe City School Bd. 557 So. 2d 1100 La. Ct. App. 2d Cir. 1990
- Fontenot v. Mid-American Casualty Co. 562 So. 2d 39 La. Ct. App. 1st Cir. 1990
- Brossette v. Professional Transportation 562 So. 2d 1018 La. Ct. App. 1st Cir. 1990
-
Lucas v. St. Frances Cabrini Hosp.
562 So. 2d 999
La. Ct. App. 3d Cir. 1990
Coco v. Winston Industries, Inc.
-
Young v. Livaccari
561 So. 2d 209
La. Ct. App. 1st Cir. 1990
as follows: Thus, the initial inquiry must always be directed at whether the trier court’s award for the particular injuries and their effects upon this particular injured person is, a clear abuse of the trier of fact’s “much discretion,” La.Civ.C.
-
Celestine v. US FIDELITY & GUR. CO.
561 So. 2d 986
La. Ct. App. 4th Cir. 1990
Coco v. Winston Industries, Inc., supra; Harris v. Doucette, supra.
- Davis v. Husqvarna Motor 561 So. 2d 847 La. Ct. App. 2d Cir. 1990
- Alexander v. Rivers 560 So. 2d 999 La. Ct. App. 4th Cir. 1990
- Cooks v. Cornin 560 So. 2d 994 La. Ct. App. 4th Cir. 1990
-
Williams v. Stevenson
558 So. 2d 1204
La. Ct. App. 1st Cir. 1990
French Jordan, Inc. v. Oilfield Sales and Services, Inc., (La.App.
-
Green v. Industrial Helicopters, Inc.
560 So. 2d 684
La. Ct. App. 3d Cir. 1990
Coco v. Winston Industries, Inc.
-
Aisole v. Dean
560 So. 2d 647
La. Ct. App. 1st Cir. 1990
Starks v. Silton, supra.
-
Harris v. Schexnaydre
560 So. 2d 55
La. Ct. App. 1st Cir. 1990
Coco v. Winston Industries, Inc.
- Armstrong v. Pepsi-Cola General Bottlers, Inc. 560 So. 2d 67 La. Ct. App. 1st Cir. 1990
- Robertson v. LaPlace Concrete, Inc. 560 So. 2d 561 La. Ct. App. 1st Cir. 1990
- Winborn v. Howland 560 So. 2d 896 La. Ct. App. 1st Cir. 1990
- Fruge v. Thornhill 560 So. 2d 909 La. Ct. App. 1st Cir. 1990
- Socorro v. Orleans Levee Bd. 561 So. 2d 739 La. Ct. App. 4th Cir. 1990
- McCrory v. New Orleans Police Department 558 So. 2d 1322 La. Ct. App. 1st Cir. 1990
-
Llorence v. State, Dept. of Transp. and Dev.
558 So. 2d 320
La. Ct. App. 3d Cir. 1990
In determining whether a damage award is excessive or inadequate, : Before a trial court award may be questioned as inadequate or excessive, the reviewing court must look first, not to prior awards, but to the individual circumstances of the present case.
- LeBlanc v. City of Lafayette 558 So. 2d 259 La. Ct. App. 3d Cir. 1990
-
SUCCESSION OF THEROIT v. Southern Pacific Transp. Co.
560 So. 2d 861
La. Ct. App. 3d Cir. 1990
art. 2324.1, Coco v. Winston Industries, Inc., we find no abuse of discretion in the award as a whole.
-
Jaffarzad v. Jones Truck Lines, Inc.
561 So. 2d 144
La. Ct. App. 3d Cir. 1990
Coco, supra; Clark v. State Farm Ins.
- Rosell v. ESCO 558 So. 2d 1360 La. Ct. App. 4th Cir. 1990
-
Burford v. First Nat. Bank in Mansfield
557 So. 2d 1147
La. Ct. App. 2d Cir. 1990
Coco v. Winston Industries, Inc.
- Slider v. Myers 557 So. 2d 1111 La. Ct. App. 2d Cir. 1990
- Hardy v. Cumis Ins. Co. 558 So. 2d 625 La. Ct. App. 1st Cir. 1990
- Brooks v. City of Baton Rouge 558 So. 2d 1177 La. Ct. App. 1st Cir. 1990
-
Daener v. Berwick
556 So. 2d 1353
La. Ct. App. 1st Cir. 1990
As to the award of $7,500 in general damages, the rule applicable to review of such damages is that unless the appellate court, after review of the entire record, can give articulable reasons for concluding that the trier of fact abused its much discretion in fixing the award, that award should not be disturbed
-
Bergez v. Simmons
557 So. 2d 444
La. Ct. App. 1st Cir. 1990
for the proposition that “a reviewing court must look first, not to prior awards, but to the individual circumstances of the present case.” Although perhaps higher than the amount we would award, applying the standard of review required by Reck v. Stevens, supra, we cannot say the jury erred in making the a
- Lewis v. St. Frances Cabrini Hospital 556 So. 2d 970 La. Ct. App. 1st Cir. 1990
- Robichaux v. Randolph 555 So. 2d 581 La. Ct. App. 1st Cir. 1990
- Turner v. Smith 556 So. 2d 983 La. Ct. App. 3d Cir. 1990
- Nastasi v. Fejka 556 So. 2d 1307 La. Ct. App. 5th Cir. 1990
- Smith v. City of New Orleans 557 So. 2d 377 La. Ct. App. 1st Cir. 1990
-
Orrill v. Ram Rod Trucking
557 So. 2d 384
La. Ct. App. 1st Cir. 1990
We find that, though the award might be generous, we cannot articulate any abuse of the trial court’s