Cited by
Opinions in Louisiana that cite Reck v. Stevens, 373 So. 2d 498.
- Jones v. State, Dept. of Transp. & Develop. 478 So. 2d 691 La. Ct. App. 3d Cir. 1985
- Finley v. Bass 478 So. 2d 608 La. Ct. App. 2d Cir. 1985
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Franklin v. Oilfield Heavy Haulers
478 So. 2d 549
La. Ct. App. 3d Cir. 1985
upon appellate review we may not disturb an award of general damages made at the trial court level without a finding of clear abuse of discretion and then only after abuse is shown through an articulated analysis and for articulated reasons.
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Thomas v. Winn Dixie Louisiana, Inc.
477 So. 2d 925
La. Ct. App. 4th Cir. 1985
501 quoting Lomenick v. Schoeffler, 250 La.
- Baillio v. McCarty 477 So. 2d 806 La. Ct. App. 1st Cir. 1985
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Davis v. Allstate Insurance Co.
476 So. 2d 1111
La. Ct. App. 1st Cir. 1985
[ ] In other words, the fact that a person’s reaction to injury resulting from an automobile collision was more severe than that of most people, did not lessen the responsibility of the person who caused the accident to compensate the injured person for all consequences of the accident.” The jury had the diffi
- Whipp v. Bayou Plaquemine Brule Drainage Bd. 476 So. 2d 1042 La. Ct. App. 3d Cir. 1985
- Wooten v. Louisiana Power & Light Co. 477 So. 2d 1142 La. Ct. App. 1st Cir. 1985
- Schexnayder v. State 477 So. 2d 1175 La. Ct. App. 1st Cir. 1985
- Daigle v. Hanson 476 So. 2d 953 La. Ct. App. 1st Cir. 1985
- Tyler v. Richardson 476 So. 2d 899 La. Ct. App. 2d Cir. 1985
- Thissel v. Commercial Union Ins. Co. 476 So. 2d 851 La. Ct. App. 2d Cir. 1985
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Klein v. Himbert
474 So. 2d 513
La. Ct. App. 4th Cir. 1985
Perniciaro v. Brinch, supra
- Murphy v. State 475 So. 2d 24 La. Ct. App. 1st Cir. 1985
- Arteck Services, Inc. v. Crown Point Industries, Inc. 473 So. 2d 345 La. Ct. App. 1st Cir. 1985
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Tischler v. City of Alexandria
471 So. 2d 1099
La. Ct. App. 3d Cir. 1985
Coco v. Winston Industries, Inc.
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Hebert v. Domingue
473 So. 2d 120
La. Ct. App. 3d Cir. 1985
Williams v. Reinhart (La.App.
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Harrington v. City of Abbeville
471 So. 2d 1160
La. Ct. App. 3d Cir. 1985
in the words of the court: "[T]he 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' ...
- Carson v. Witty 471 So. 2d 1003 La. Ct. App. 1st Cir. 1985
- Abrams v. Dinh 471 So. 2d 994 La. Ct. App. 1st Cir. 1985
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Gilder v. Branton
471 So. 2d 976
La. Ct. App. 1st Cir. 1985
*980 (La.1979); (La.App.
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Burge v. State ex rel. Louisiana Department of Health & Human Resources
469 So. 2d 1223
La. Ct. App. 1st Cir. 1985
Without a clear articulation of manifest error, we must not disturb the trial court’s findings or damage awards.
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Robertson v. Penn
472 So. 2d 927
La. Ct. App. 1st Cir. 1985
Since we cannot say that evidence points so overwhelmingly to abuse of jury discretion [ ], or its application of incorrect legal standards as to quantum, reasonable men could differ as to the amount to award Larry for his injuries.
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Moity v. Castille
469 So. 2d 503
La. Ct. App. 3d Cir. 1985
quoting from Coco v. Winston Industries, Inc., : "[b]efore a Court of Appeal can disturb an award made by a trial court that the record must clearly reveal that the trier of fact abused its discretion in making its award.
- Champagne v. Lee 470 So. 2d 378 La. Ct. App. 5th Cir. 1985
- Nelson v. Evans 470 So. 2d 212 La. Ct. App. 4th Cir. 1985
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Daniels v. Allstate Ins. Co.
469 So. 2d 352
La. Ct. App. 2d Cir. 1985
Coco v. Winston Industries, Inc., supra ; Winterrowd, supra; (La.App.
- Clarke v. Progressive American Ins. Co. 469 So. 2d 319 La. Ct. App. 2d Cir. 1985
- Turner v. Safeco Ins. Co. of America 472 So. 2d 43 La. Ct. App. 1st Cir. 1985
- Arcemont v. Voisin 468 So. 2d 785 La. Ct. App. 1st Cir. 1985
- Leonard v. Blackburn 468 So. 2d 825 La. Ct. App. 1st Cir. 1985
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Mendez v. American Fire & Indemnity Co.
468 So. 2d 1272
La. Ct. App. 1st Cir. 1985
and Coco v. Winston Industries, Inc.
- Rose v. State Farm Mut. Auto. Ins. Co. 468 So. 2d 833 La. Ct. App. 1st Cir. 1985
- Vincent v. Allstate Insurance Co. 468 So. 2d 22 La. Ct. App. 1st Cir. 1985
- Freeman v. Harold Dickey Transport, Inc. 467 So. 2d 194 La. Ct. App. 3d Cir. 1985
- Barras v. Touchet 467 So. 2d 172 La. Ct. App. 1st Cir. 1985
- Bordelon v. Southern La. Health Care Corp. 467 So. 2d 167 La. Ct. App. 3d Cir. 1985
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Richardson v. Continental Ins. Co.
468 So. 2d 675
La. Ct. App. 3d Cir. 1985
as follows: "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.
- Cariere v. State Farm Ins. Co. 467 So. 2d 867 La. Ct. App. 2d Cir. 1985
- Smith v. Southern Pacific Transp. Co., Inc. 467 So. 2d 70 La. Ct. App. 4th Cir. 1985
- Hatcher v. State Through Dept. of Transp. and Development 467 So. 2d 584 La. Ct. App. 3d Cir. 1985
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Taylor v. CHARITY HOSP. OF LOUISIANA
466 So. 2d 736
La. Ct. App. 4th Cir. 1985
Coco v. Winston Industries, Inc.
- Dunn v. Zetz Seven-Up Bottling Co. 466 So. 2d 787 La. Ct. App. 1st Cir. 1985
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Capone v. King
467 So. 2d 574
La. Ct. App. 5th Cir. 1985
Once such a determination of abuse of discretion has been made, the court may then resort to prior awards in comparable cases for guidance in fixing the appropriate award in the case before it
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Guillory v. Agee
465 So. 2d 222
La. Ct. App. 1st Cir. 1985
3rd Cir.1982), wherein we held: “ ‘ as follows: “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.
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Tate v. Trinity Universal Ins. Co.
465 So. 2d 235
La. Ct. App. 3d Cir. 1985
3rd Cir.1982), wherein we held: "` as follows: "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.
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Sullivan v. Quick
465 So. 2d 254
La. Ct. App. 3d Cir. 1985
Gearen v. Insured Lloyds Ins.
- Jordan v. Sweeney 467 So. 2d 569 La. Ct. App. 1st Cir. 1985
- Hernandez v. Schwegmann Giant Supermarkets 464 So. 2d 902 La. Ct. App. 4th Cir. 1985
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Alexander v. City of New Orleans
464 So. 2d 881
La. Ct. App. 4th Cir. 1985
The amount awarded is somewhat on the low end