Cited by
Opinions in Louisiana that cite Reck v. Stevens, 373 So. 2d 498.
- Brown v. DSI Transports, Inc. 496 So. 2d 478 La. Ct. App. 1st Cir. 1986
- Hampton v. State 496 So. 2d 452 La. Ct. App. 1st Cir. 1986
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Harrigan v. Freeman
498 So. 2d 58
La. Ct. App. 1st Cir. 1986
Freeman v. Harold Dickey Transport, Inc., (La.App.
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Johnson v. Beavers
496 So. 2d 1251
La. Ct. App. 5th Cir. 1986
our Supreme Court emphasized that a reviewing court may not question a trial court award as inadequate or excessive without looking first at the individual circumstances of the case.
- Schneider v. Sears Roebuck and Co. 496 So. 2d 1258 La. Ct. App. 5th Cir. 1986
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Aucoin v. Hartford Acc. & Indem. Co.
499 So. 2d 1042
La. Ct. App. 3d Cir. 1986
Coco v. Winston Industries, Inc., (La.App.
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Lemoine v. Insurance Co. of North America
499 So. 2d 1004
La. Ct. App. 3d Cir. 1986
See Coco v. Winston Industries, Inc.
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Saucier v. Winn-Dixie Louisiana, Inc.
499 So. 2d 1033
La. Ct. App. 3d Cir. 1986
art. 2324.1, the assessment of damages in cases of quasi offenses is left to the much discretion of the jury.
- Chatelain v. United States Fid. & Guar. Co. 495 So. 2d 379 La. Ct. App. 3d Cir. 1986
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Olivier v. Sears Roebuck & Co.
499 So. 2d 1058
La. Ct. App. 3d Cir. 1986
Coco v. Winston Industries, Inc.
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Bonner v. Watkins Motor Lines, Inc.
494 So. 2d 1363
La. Ct. App. 2d Cir. 1986
Coco v. Winston Industries, Inc., supra ; Winterrowd v. Travelers Indemnity Company, supra ; (La.App.
- Bordelon v. Aetna Cas. & Sur. Co. 494 So. 2d 1283 La. Ct. App. 2d Cir. 1986
- Collins v. Natchitoches Parish Hosp. 493 So. 2d 902 La. Ct. App. 3d Cir. 1986
- Blue v. State Farm Mutual Automobile Insurance Co. 493 So. 2d 701 La. Ct. App. 2d Cir. 1986
- McGillivray v. Rapides Iberia Management Ent. 493 So. 2d 819 La. Ct. App. 2d Cir. 1986
- Hebert v. First Guar. Bank 493 So. 2d 150 La. Ct. App. 1st Cir. 1986
- Tindall v. Kampen 492 So. 2d 1274 La. Ct. App. 1st Cir. 1986
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Mercer v. Fruehauf Corp.
492 So. 2d 538
La. Ct. App. 3d Cir. 1986
is commenced by an independent evaluation of whether the award was excessive in relation to the facts of the case.
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Bivalacqua v. Aube
493 So. 2d 209
La. Ct. App. 5th Cir. 1986
Coco v. Winston Industries, Inc., Bourgeois v. Bill Watson's Investment, Inc., (La.App.
- Keith v. Bearden 488 So. 2d 1071 La. Ct. App. 2d Cir. 1986
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Labauve v. Central Mut. Ins. Co.
491 So. 2d 146
La. Ct. App. 3d Cir. 1986
The standard of review for determining whether a general damage award is excessive was set down in Coco v. Winston Industries, Inc.
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Jason v. Safeco Insurance Companies
490 So. 2d 456
La. Ct. App. 1st Cir. 1986
we conclude that the highest award for general damages to which the plaintiff would be entitled is $4,000.00.
- Marcel v. La. State Dept. of Public Health 492 So. 2d 103 La. Ct. App. 1st Cir. 1986
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Smith v. Porche Bros. Lumber and Supply, Inc.
491 So. 2d 412
La. Ct. App. 1st Cir. 1986
Coco v. Winston Industries, Inc., supra .
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Day v. J. Ray McDermott, Inc.
492 So. 2d 83
La. Ct. App. 1st Cir. 1986
Coco v. Winston Industries, Inc., supra .
- Frey v. Alfred 492 So. 2d 48 La. Ct. App. 1st Cir. 1986
- Ensminger v. McCormick 489 So. 2d 1316 La. Ct. App. 1st Cir. 1986
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Trosclair v. Terrebonne Parish School Bd.
489 So. 2d 1293
La. Ct. App. 1st Cir. 1986
In Efferson , moreover, this court held that an appellate court should raise or lower percentages of fault to the lowest or highest degree of fault that a reasonable trier of fact could have found.
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Eaglin v. State Farm Insurance Co.
489 So. 2d 464
La. Ct. App. 1st Cir. 1986
Coco v. Winston Industries, Inc.
- Honn v. Hartman 489 So. 2d 468 La. Ct. App. 1st Cir. 1986
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Barnett v. New Orleans Public Service, Inc.
489 So. 2d 452
La. Ct. App. 4th Cir. 1986
The initial inquiry in determining whether an award of damages is inadequate or excessive must always be directed to whether the trial court's award for particular injuries and their effects upon the injured person was a clear abuse of the trier of fact's "much discretion"
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Sonnier v. Aetna Life & Casualty
488 So. 2d 284
La. Ct. App. 1st Cir. 1986
” Arteck Services v. Crownpoint Industries, Inc., (La.App.
- Johnson v. Georgia Cas. & Sur. Co. 488 So. 2d 1306 La. Ct. App. 3d Cir. 1986
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Schiro v. Travelers Ins. Co.
489 So. 2d 315
La. Ct. App. 4th Cir. 1986
Perniciaro v. Brinch, supra
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Labit v. Setiff
489 So. 2d 942
La. Ct. App. 5th Cir. 1986
[A]s the initial inquiry must always be directed at whether the trier'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."
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Boudreaux v. Murray
489 So. 2d 948
La. Ct. App. 5th Cir. 1986
The Supreme Court, cautioned: 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 *953 circumstances of the present case.
- Fitzgerald v. Gulf Intern. Cinema Corp. 489 So. 2d 306 La. Ct. App. 4th Cir. 1986
- Garrett v. Celino 489 So. 2d 335 La. Ct. App. 4th Cir. 1986
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Riley v. Winn-Dixie Louisiana, Inc.
489 So. 2d 931
La. Ct. App. 5th Cir. 1986
we note the following: Medical expenses incurred to date of trial were stipulated to be $19,138.00 and loss of earnings from termination of employment on September 2, 1983 to the date of trial was either $24,443.00 (under the plaintiff's expert's computation) or $18,660.00 (under the defendant's expert's co
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Picou v. Ferrara
488 So. 2d 1250
La. Ct. App. 1st Cir. 1986
we raise the award to the lowest point which is reasonably within the discretion afforded the jury by adding $100,000.00 to the award, making the total award $383,-500.00.
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Prothro v. Dillahunty
488 So. 2d 1163
La. Ct. App. 2d Cir. 1986
Hughes v. Querbes & Nelson, Inc., (La.App.
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Ortigo v. Merritt
488 So. 2d 1051
La. Ct. App. 2d Cir. 1986
*1061 (La.1979); Cutchall v. Great American Pump Co., supra.
- Myers v. State Farm Mut. Auto. Ins. Co. 483 So. 2d 1063 La. Ct. App. 1st Cir. 1986
- Swann v. City-Parish 492 So. 2d 1225 La. Ct. App. 1st Cir. 1986
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Prudhomme v. Mervine Kahn Co.
487 So. 2d 771
La. Ct. App. 1st Cir. 1986
As to the general damages award, an appellate court may raise or lower such an award only after an articulated analysis of the particular facts of the case discloses an abuse of discretion by the trial court
- Thompkins v. Sewell Plastics, Inc. 487 So. 2d 665 La. Ct. App. 1st Cir. 1986
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Gagnet v. Zummo
487 So. 2d 721
La. Ct. App. 5th Cir. 1986
Coco v. Winston Industries, Inc., Bourgeois v. Bill Watson's Investments, Inc., (La.App.
- Segui v. Anthony 487 So. 2d 616 La. Ct. App. 4th Cir. 1986
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Thompson v. City of New Orleans
487 So. 2d 593
La. Ct. App. 1st Cir. 1986
Perniciaro v. Brinch, supra; Reck v. Stevens
- Hefner v. BJ McAdams, Inc. 487 So. 2d 505 La. Ct. App. 3d Cir. 1986