Cited by
Opinions in Louisiana that cite Reck v. Stevens, 373 So. 2d 498.
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Faulk v. Cagle Supply, Inc.
412 So. 2d 1020
La. 1982
Coco v. Winston Industries, Inc., Mil ler v. Thomas, 258 La.
- Copes v. Copeland Bldg. Supply, Inc. 415 So. 2d 264 La. Ct. App. 2d Cir. 1982
- Bialy v. STATE, THROUGH DEPT. OF TRANSP. AND DEV. 414 So. 2d 1273 La. Ct. App. 3d Cir. 1982
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Smith v. Lumbermen's Mut. Cas. Co.
414 So. 2d 1281
La. Ct. App. 3d Cir. 1982
art. 1934(3); Coco v. Winston Industries, Inc.
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Chesson v. American Hardware Mut. Ins. Co.
412 So. 2d 186
La. Ct. App. 3d Cir. 1982
-500 (La.1979), states in regard to appellate review of such an award: "`The primary question before the appellate court, then, is whether the judge or the jury in fixing the amount of the award has abused its great discretion vested in them by law....
- Faulk v. Schlumberger Well Services 412 So. 2d 162 La. Ct. App. 3d Cir. 1982
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Dunn v. Redman Homes, Inc.
411 So. 2d 722
La. Ct. App. 3d Cir. 1982
Coco v. Winston Industries, Inc.
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Higdon v. Orkin Exterminating Co., Inc.
412 So. 2d 720
La. Ct. App. 3d Cir. 1982
and the cases cited therein.
- Young v. South Central Bell Tel. Co. 412 So. 2d 147 La. Ct. App. 4th Cir. 1982
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Dollacker v. Schimek
411 So. 2d 643
La. Ct. App. 4th Cir. 1982
we have articulated why this particular victim, with her particular injury and resultant surgical history, the medical certainty that pain and difficulty will follow during her lifetime, plus the residual scar: all of these factors cause us to evaluate plaintiff's past and future pain and suffering, permanen
- Covington v. Department of Transportation & Development 411 So. 2d 660 La. Ct. App. 1st Cir. 1982
- First National Bank of Commerce v. Boutall 411 So. 2d 1193 La. Ct. App. 5th Cir. 1982
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Brouillette v. Ward
412 So. 2d 138
La. Ct. App. 1st Cir. 1982
at p. 502: “Now, it is well established in our law that a Defendant takes his victim as he finds him in cases where a pre-existing condition is present, the Defendant is re *140 sponsible for damages — for the consequences of his act although the damage so caused is greater because of a prior condition of th
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Pincus v. Pumilia
412 So. 2d 151
La. Ct. App. 4th Cir. 1982
: the inquiry must be directed at whether the trial court's award for the particular injuries and their effects upon the particular person is a clear abuse of the trier of fact's broad discretion.
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Smith v. State ex rel. Department of Transportation & Development
412 So. 2d 685
La. Ct. App. 1st Cir. 1982
Coco v. Winston Industries, Inc., Carollo, supra.
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Black v. Ebasco Services, Inc.
411 So. 2d 1159
La. Ct. App. 1st Cir. 1982
the Louisiana Supreme Court set out the standard to be followed by appellate courts in reviewing trial court damage awards.
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Smith v. STATE, THROUGH DEPT. OF TRANSP., ETC.
412 So. 2d 685
La. Ct. App. 2d Cir. 1982
Coco v. Winston Industries, Inc., Carollo, supra .
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Thames v. Zerangue
411 So. 2d 17
La. 1982
this rule was held applicable to a plaintiff who had a history of emotional problems in the following passage: "Unquestionably, the severity and persistence of the subjective symptoms (headaches, dizziness, disorientation) in part resulted because of an underlying (but until-then controlled) emotional
- Lawrence v. Grant Parish School Bd. 409 So. 2d 1316 La. Ct. App. 3d Cir. 1982
- Johnson v. Doe 410 So. 2d 365 La. Ct. App. 4th Cir. 1982
- Makas v. New Orleans Public Service, Inc. 410 So. 2d 351 La. Ct. App. 4th Cir. 1982
- Jones v. MFA Mut. Ins. Co. 410 So. 2d 1190 La. Ct. App. 3d Cir. 1982
- Ingram v. Reliable Finance Co., Inc. 410 So. 2d 768 La. Ct. App. 3d Cir. 1982
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Noel v. Demouchette
410 So. 2d 1291
La. Ct. App. 1st Cir. 1982
established the test to be followed in order to alter the trial court’s award of general damages.
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Gonzalez v. Lockette
410 So. 2d 265
La. Ct. App. 1st Cir. 1982
CoCo v. Winston Industries, Inc.
- Wetzka v. Big Three Industries, Inc. 409 So. 2d 393 La. Ct. App. 4th Cir. 1982
- Franco v. Kar Products, Inc. 409 So. 2d 1238 La. Ct. App. 1st Cir. 1982
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Johnson v. Allstate Insurance Co.
410 So. 2d 777
La. Ct. App. 1st Cir. 1982
Plaintiff-appellee argues that the amount awarded is not clearly erroneous, (La.App.
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Coupel v. McLean
409 So. 2d 685
La. Ct. App. 1st Cir. 1981
Coco v. Winston Industries, Inc.
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Fenetz v. Stine
407 So. 2d 1381
La. Ct. App. 3d Cir. 1981
Coco v. Winston Industries, Inc., (La.App.
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Stewart v. Vidrine
408 So. 2d 413
La. Ct. App. 1st Cir. 1981
Coco v. Winston Industries, Inc.
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Saucier v. John-Clai Co.
408 So. 2d 27
La. Ct. App. 3d Cir. 1981
Coco v. Winston Industries, Inc.
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Woods v. Ratliff
407 So. 2d 1375
La. Ct. App. 3d Cir. 1981
Coco v. Winston Industries, Inc.
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Darbonne v. State Farm Mut. Auto. Ins. Co.
408 So. 2d 300
La. Ct. App. 3d Cir. 1981
Coco v. Winston Industries, Inc.
- Parish v. New Orleans Public Service, Inc. 408 So. 2d 17 La. Ct. App. 1st Cir. 1981
- Joseph v. Albarado 407 So. 2d 1277 La. Ct. App. 4th Cir. 1981
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Wattigney v. Government Employees Insurance Co.
407 So. 2d 1261
La. Ct. App. 1st Cir. 1981
For us to reduce the amount of the award would simply constitute the substitution of our opinion for that of the trial judge and would be in violation of the principles set *1265 out in the cases of Coco v. Winston Industries, Inc.
- Kling v. Collins 407 So. 2d 478 La. Ct. App. 1st Cir. 1981
- Yoder v. Schwegmann Bros. Giant Super Markets 407 So. 2d 449 La. Ct. App. 1st Cir. 1981
- Walton v. William Wolf Baking Co., Inc. 406 So. 2d 168 La. 1981
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Blanchard v. A-1 Bit and Tool Co., Inc.
406 So. 2d 773
La. Ct. App. 4th Cir. 1981
the court articulated the standard of appellate review when the issue of quantum is before that court on appeal and stated at 501: "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 pr
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Howell v. New Orleans Public Service, Inc.
408 So. 2d 7
La. Ct. App. 1st Cir. 1981
Coco v. Winston Industries, Inc.
- Oliver v. Parish of Jefferson 408 So. 2d 275 La. Ct. App. 4th Cir. 1981
- Jackson v. St. Landry Parish School System 407 So. 2d 51 La. Ct. App. 3d Cir. 1981
- Kalmn, Inc. v. Empiregas Corp. 406 So. 2d 276 La. Ct. App. 3d Cir. 1981
- McElroy v. Vest 407 So. 2d 25 La. Ct. App. 3d Cir. 1981
- Don Siebarth Pontiac v. Asphalt Road Bldg. 407 So. 2d 42 La. Ct. App. 3d Cir. 1981
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Green v. Rollins
406 So. 2d 318
La. Ct. App. 1st Cir. 1981
Coco v. Winston *320 Industries, Inc.
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Peralta v. Schwegmann Bros. Gt. Supermkts
406 So. 2d 720
La. Ct. App. 4th Cir. 1981
: *723 "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.
- Ramphrey v. Highlands Ins. Co. 406 So. 2d 691 La. Ct. App. 2d Cir. 1981