Cited by
Opinions in Louisiana that cite Reck v. Stevens, 373 So. 2d 498.
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Sloan v. Dailey
664 So. 2d 792
La. Ct. App. 3d Cir. 1995
explained the appropriate standard of review applicable to general damage awards: (La.
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Lawrence v. Department of Transportation & Development
665 So. 2d 551
La. Ct. App. 1st Cir. 1995
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.
- Bourque v. State Farm Mutual Automobile Insurance Co. 664 So. 2d 585 La. Ct. App. 1st Cir. 1995
- Boudreaux v. Blank 664 So. 2d 705 La. Ct. App. 3d Cir. 1995
- Watkins v. Bethley 662 So. 2d 839 La. Ct. App. 2d Cir. 1995
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Oxley v. Sabine River Authority
663 So. 2d 497
La. Ct. App. 3d Cir. 1995
the Louisiana Supreme Court looked with disfavor on the use of award scales based on prior cases.
- Goodliffe v. Parish Anesthesia Associates 663 So. 2d 769 La. Ct. App. 5th Cir. 1995
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STATE EX REL. DEPT. OF SOCIAL SERV. v. Southern Baptist Hosp.
663 So. 2d 443
La. Ct. App. 4th Cir. 1995
Nevertheless, to Youn 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.
- Hattori v. Peairs 662 So. 2d 509 La. Ct. App. 1st Cir. 1995
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Christophe v. State ex rel. Department of Health & Hospitals
663 So. 2d 289
La. Ct. App. 1st Cir. 1995
The standard for an appellate court’s cert.
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Olivier v. Allstate Ins. Co.
663 So. 2d 207
La. Ct. App. 3d Cir. 1995
Coco v. Winston Industries, Inc.
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Claudet v. Weyrich
662 So. 2d 131
La. Ct. App. 4th Cir. 1995
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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Blair v. Imperial Inn, Inc.
662 So. 2d 150
La. Ct. App. 1st Cir. 1995
Nevertheless, the theme that emerges from Gaspard, supra, Coco, supra, 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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Rivard v. Petroleum Transport Co., Inc.
663 So. 2d 755
La. Ct. App. 4th Cir. 1995
LIGA suggests that the trial court abused its discretion in making its awards for loss of consortium, citing Coco v. Winston Industries, Inc.
- Johnson v. Automotive Cas. Ins. Co. 661 So. 2d 633 La. Ct. App. 2d Cir. 1995
- Boddie v. State 661 So. 2d 617 La. Ct. App. 2d Cir. 1995
- Boutte v. Nissan Motor Corp. 663 So. 2d 154 La. Ct. App. 3d Cir. 1995
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Evans v. Kilbert
660 So. 2d 167
La. Ct. App. 2d Cir. 1995
Sledge, supra ; (La.App.
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Arnold v. Airborne Freight Corp.
667 So. 2d 1063
La. Ct. App. 1st Cir. 1995
See Coco v. Winston Industries, Inc., cert.
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Akerman v. Dawes
658 So. 2d 1270
La. Ct. App. 4th Cir. 1995
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," (La.
- Kilpatrick v. Alliance Cas. & Reinsurance Co. 663 So. 2d 62 La. Ct. App. 3d Cir. 1995
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Williams v. City of Monroe
658 So. 2d 820
La. Ct. App. 2d Cir. 1995
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.
- Degruise v. Houma Courier Newspaper Corp. 657 So. 2d 580 La. Ct. App. 1st Cir. 1995
- Schexneider v. Louisiana Dept. of Health and Hospitals 660 So. 2d 508 La. Ct. App. 3d Cir. 1995
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Dauzat v. Rapides Parish Police Jury
657 So. 2d 484
La. Ct. App. 1st Cir. 1995
1059 , 127 L.Ed.2d 379 (1994), wherein the court stated: (La.
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Tartar v. Hymes
656 So. 2d 756
La. Ct. App. 5th Cir. 1995
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,"
- Delphen v. Dept. of Transp. & Dev. 657 So. 2d 328 La. Ct. App. 4th Cir. 1995
- Black v. STATE, DEPT. OF PUBLIC SAFETY & CORR. 657 So. 2d 270 La. Ct. App. 3d Cir. 1995
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Ledbetter v. Concord General Corp.
651 So. 2d 911
La. Ct. App. 2d Cir. 1995
O'Brien v. Remington Arms Company, Inc., , writ denied Estate of Thomas v. State, Through the Department of Transportation and Development, (La.App.
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Reichert v. State, Department of Transportation & Development
656 So. 2d 47
La. Ct. App. 2d Cir. 1995
Stephens v. Town of Jonesboro, supra; Jaffarzad v. Jones Truck Lines, Inc., writ denied
- Sledge v. Continental Cas. Co. 654 So. 2d 358 La. Ct. App. 2d Cir. 1995
- Daigle v. US Fidelity and Guar. Ins. Co. 655 So. 2d 431 La. Ct. App. 1st Cir. 1995
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Vedros v. Public Grain Elevator of N.O., Inc.
654 So. 2d 775
La. Ct. App. 1st Cir. 1995
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.’
- Haydel v. Hercules Transport, Inc. 654 So. 2d 418 La. Ct. App. 1st Cir. 1995
- Palmer v. K-Mart Corp. 653 So. 2d 1334 La. Ct. App. 1st Cir. 1995
- Ehrman v. Holiday Inns, Inc. 653 So. 2d 732 La. Ct. App. 4th Cir. 1995
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In re Morales
652 So. 2d 1095
La. Ct. App. 1st Cir. 1995
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....
- Broussard v. Fidelity Fire & Casualty Insurance Co. 651 So. 2d 959 La. Ct. App. 1st Cir. 1995
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Shaw v. Russell
652 So. 2d 133
La. Ct. App. 2d Cir. 1995
Coco v. Winston Industries, Inc.
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Phillips v. Winn Dixie Stores, Inc.
650 So. 2d 1259
La. Ct. App. 4th Cir. 1995
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,"
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Budd v. State Farm Mutual Automobile Insurance Co.
650 So. 2d 429
La. Ct. App. 1st Cir. 1995
It is clear that “such a hypothetical scale of hypothetical awards cannot be used to determine whether this trier of fact has abused its discretion in the award to this particular plaintiff under the facts and circumstances peculiar to this *432 case.” -501 (La.1979).
- Juge v. Judson 650 So. 2d 312 La. Ct. App. 1st Cir. 1995
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Bordelon v. Management Co., Inc.
649 So. 2d 1070
La. Ct. App. 3d Cir. 1995
*1074 The general rule that an appellate court will not disturb an award by the trial court unless the trier of fact abuses its much discretion, extends to awards of attorney's fees.
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Gaines v. Ryan's Family Steakhouse, Inc.
654 So. 2d 704
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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Bradford v. Winn Dixie of Louisiana, Inc.
648 So. 2d 464
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.
- Guidroz v. STATE, THROUGH DOTD 648 So. 2d 1361 La. Ct. App. 1st Cir. 1994
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Romaguera v. Piccadilly Cafeterias, Inc.
648 So. 2d 1000
La. Ct. App. 5th Cir. 1994
in which the court stated, at 1260-1261: (La.
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Blackshear v. Allstate Ins. Co.
647 So. 2d 589
La. Ct. App. 3d Cir. 1994
and Coco v. Winston Industries, Inc., we raise the award to the lowest reasonable amount, or $50,000.00.
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Davis v. STATE, DOTD
647 So. 2d 552
La. Ct. App. 3d Cir. 1994
the Louisiana Supreme Court looked with disfavor on the use of award scales based on prior cases.
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Naquin v. Teer
649 So. 2d 993
La. Ct. App. 1st Cir. 1994
and Coco v. Winston Industries, Inc.