85-C-2346 Precedential Processed

Rodriguez v. Traylor

Louisiana Supreme Court · Filed January 24, 1986 · 481 So. 2d 1017

Cited by

Richard v. BD. OF SUPER. OF LA. STATE UNIV. 960 So. 2d 953 La. Ct. App. 1st Cir. 2007
Thibaut v. Thibaut 607 So. 2d 587 La. Ct. App. 1st Cir. 1992
Bourgeois v. Ochsner Foundation Hospital & Clinic 550 So. 2d 1229 La. Ct. App. 1st Cir. 1989
Archie v. BD. OF SUP'RS OF LA. STATE UNIV. 543 So. 2d 1348 La. Ct. App. 1st Cir. 1989
Normand v. Hartford Fire Ins. Co. 538 So. 2d 632 La. Ct. App. 5th Cir. 1988
Slay v. Quarles Drilling Co. 534 So. 2d 1300 La. Ct. App. 4th Cir. 1988
Mart v. Hill 505 So. 2d 1120 La. 1987
Rodriguez v. Traylor 487 So. 2d 124 La. Ct. App. 1st Cir. 1986

Authorities cited

Identified automatically; this list may not be exhaustive.

Thomas v. Missouri Pacific RR Co. 466 So. 2d 1280

Opinion text

481 So.2d 1017 (1986) Patricia Rodriguez, Wife of/and George RODRIGUEZ and Mitchell Rodriguez v. William R. TRAYLOR, Richard J. Roy, the Continental Insurance Company, Valley Forge Insurance Company and Safeco Insurance Company of America. No. 85-C-2346. Supreme Court of Louisiana. January 24, 1986. *1018 PER CURIAM. Granted. When the jury has been erroneously instructed on the issue of quantum of damages so that it is necessary for a reviewing court to set aside the award, the amount of damages fixed by the jury should be entirely disregarded. The appellate court, under its authority to review facts, should fix the damages on the basis of an independent evaluation of the record, rather than simply increasing to the lowest reasonable amount. Thomas v. Missouri Pacific Railroad Co., 466 So.2d 1280 (La. 1985). That portion of the judgment of the court of appeal fixing damages is set aside, and the case is remanded for refixing of damages on the basis of an independent evaluation of the record.