Cited by

Opinions in Louisiana that cite Lejeune v. Rayne Branch Hosp., 556 So. 2d 559.

189 citing documents.

Cy Williams Versus Mathew Alexander, III and Roussel Farms, Inc. La. Ct. App. 5th Cir. 2025
art. 2315.6.14 Defendants further contend that the trial court erred by denying 13 (La.
Byron R. Poydras and Alicia R. Poydras, Individually and on Behalf of Their Son, Myles Christopher Poydras, Mason … La. Ct. App. 5th Cir. 2024
Veroline, 18 So.3d at 1275, (La.
Byron R. Poydras and Alicia R. Poydras, Individually and on Behalf of Their Son, Myles Christopher Poydras, Mason … La. Ct. App. 5th Cir. 2024
Veroline, 18 So.3d at 1275, (La.
Shaquana Harvey, Individually and in Her Capacity as the Natural Tutrix of Jaden Harvey v. Eric Wayne Hamby, … La. Ct. App. 4th Cir. 2023
the Louisiana Supreme Court outlined four circumstances under which mental anguish damages may be recovered.
Gabrielle C. Jameson And Kim L. Jameson Wife Of/and La. 2023
art. 2315 is the fountainhead of civil liability, as it requires that “(e)very act whatever of man that causes damage to another” be redressed by “him by whose fault it happened.” (La.
Wesley Broaden v. Valero Refining Meraux La. Ct. App. 4th Cir. 2023
Lisa Leflore v. Valero Refining Meraux, LLC La. Ct. App. 4th Cir. 2023
c/w 2022-cc-00539 c/w 2022-cc-00730 La. 2023
16 In support, Val ero cites: (requiring “severe and debilitating” emotional distress); and, Arco Oil & Gas Co., 728 So.2d at 845 (requiring that the conduct “cause[] severe emotional distress” and stating that “[m]inimal and normal inconvenience is not compensable.”).
Khiry Cosey on Behalf of Her Minor Children, Corbin Hilliard and Alyssa Hilliard Individually and on Behalf of … La. Ct. App. 4th Cir. 2023
Khiry Cosey on Behalf of Her Minor Children, Corbin Hilliard and Alyssa Hilliard Individually and on Behalf of … La. Ct. App. 4th Cir. 2023
the Louisiana Supreme Court outlined four circumstances under which mental anguish damages may be recovered, the one pertinent to the present case being: A claimant need not be physically injured, nor suffer physical impact in the same accident in order to be awarded mental pain and anguish
Dwayne Stanton v. Entergy Louisiana, LLC, Sigur Construction, LLC, Ausi Builders & Construction, LLC, Hotel Investors, LLC, and … La. Ct. App. 4th Cir. 2021
Article 2315.6, which was adopted by the Louisiana Legislature in 1991, provides:4 5 4 “ in which the court allowed a spouse to recover for the emotional damages sustained upon entering her comatose husband’s hospital room to discover that he had been bitten by rats.
Koertge v. State Farm Fire and Casualty Insurance Company 266 So. 3d 441 La. Ct. App. 2d Cir. 2019
Louise Theresa Doty v. Goauto Insurance Company La. Ct. App. 3d Cir. 2018
She demanded the limits of the 1 recognized a plaintiff’s right to recover mental anguish damages for witnessing injury to third parties.
Doty v. Goauto Ins. Co. 251 So. 3d 706 La. Ct. App. 1st Cir. 2018
recognized a plaintiff's right to recover mental anguish damages for witnessing injury to third parties.
Cooper v. Patra 215 So. 3d 889 La. Ct. App. 2d Cir. 2017
Terry v. Simmons 215 So. 3d 410 La. Ct. App. 2d Cir. 2017
Smith v. Thomas 214 So. 3d 945 La. Ct. App. 2d Cir. 2017
Prior to the Louisiana Supreme Court decision in Lejeune vs. Rayne Branch Hospital, (La.
Plaia v. Stewart Enterprises, Inc. 229 So. 3d 480 La. Ct. App. 1st Cir. 2016
Per Lejeune v. Rayne Branch Hosp,, to recover bystander damages, (a) one must “either view the accident or injury-causing event or come upon the accident scene soon thereafter and before substantial change has occurred in the victim’s condition ...; (b) [t]he direct victim of the traumatic injury must suffer such harm that it can reason
Thalia Renfro v. Burlington Northern Santa Fe Rr La. Ct. App. 3d Cir. 2016
n.11, the Louisiana Supreme Court explained a bystander claim as follows: “[T]he essence of the tort is the shock caused by the perception of the especially horrendous event.” Gates v. Richardson, 719 P.2d 193 (Wyo.1986).
Renfro v. Burlington Northern Santa Fe Railway Co. 193 So. 3d 1192 La. Ct. App. 1st Cir. 2016
Falcon v. Ink's Firestone of Monroe 186 So. 3d 188 La. Ct. App. 2d Cir. 2016
(La,1990); Montgomery, supra.
Becnel v. Advocare International, L.P. 167 So. 3d 97 La. Ct. App. 1st Cir. 2014
Lejeune v. Rayne Branch Hosp., 89-0575 (La.1990), .
Latoya Castille, Individually v. Louisiana Medical Mutual Ins. Co. La. Ct. App. 3d Cir. 2014
See also La.Civ.Code art. 2315.6.
Castille v. Louisiana Medical Mutual Ins. Co. 150 So. 3d 614 La. Ct. App. 1st Cir. 2014
Kieffer v. Plunkett-Kuspa 138 So. 3d 682 La. Ct. App. 1st Cir. 2014
Jones v. ABC Insurance 130 So. 3d 35 La. Ct. App. 1st Cir. 2013
Credit v. Richland Parish School Board 85 So. 3d 669 La. 2012
Jenkins v. Washington & Wells, L.L.C. 86 So. 3d 666 La. Ct. App. 2d Cir. 2012
held that Louisiana tort law provided, under certain circumstances, that certain classes of bystanders who witnessed physical injury to another were entitled to recover mental anguish damages.
Eagle Pipe and Supply, Inc. v. Amerada Hess Corporation 79 So. 3d 246 La. 2011
Carl Jones, Sr. v. Centerpoint Energy Entex La. Ct. App. 3d Cir. 2011
Jones v. Centerpoint Energy Entex 66 So. 3d 539 La. Ct. App. 1st Cir. 2011
|aiThus, we must be careful to differentiate between that which is recoverable as an element of the consortium claim and that which is not recoverable absent the existence of a cause of action for individual mental distress under La.Civ.Code art. *555 2315.6
Credit v. Richland Parish School Board 61 So. 3d 861 La. Ct. App. 2d Cir. 2011
Mitchell v. Roy 51 So. 3d 153 La. Ct. App. 1st Cir. 2010
The defendants point out that Delisa did not make a claim for, nor would she be able to prove her entitlement to, (La.
Delisa Mitchell, Indiv. v. Albert Roy, Jr. La. Ct. App. 3d Cir. 2010
4 The defendants point out that Delisa did not make a claim for, nor would she be able to prove her entitlement to
Guillot v. Daimlerchrysler Corp. 50 So. 3d 173 La. Ct. App. 1st Cir. 2010
(damages are recoverable for mental pain and anguish suffered as a result of witnessing an event causing injury to another person).
Douglas v. Children's Hospital 69 So. 3d 434 La. Ct. App. 1st Cir. 2010
The plaintiffs contend that the trial court erroneously found that Mr. and Mrs. Douglas’ claims for loss of consortium and Mrs. Douglas’ claim for “bystander” were extinguished by her daughter’s primary claim.
GOHRES v. Dryer 29 So. 3d 640 La. Ct. App. 1st Cir. 2009
’ The trial court did not award any damages for these claims and no party has sought review of Lhat portion of the trial court’s ruling.
Veroline v. Priority One EMS 18 So. 3d 1273 La. 2009
The trial court reviewed the elements of a stating that Joshua must meet those elements to have a cause of action under La.
Robert Veroline, Jr. v. Priority One Ems La. Ct. App. 3d Cir. 2009
Veroline v. Priority One Ems 6 So. 3d 411 La. Ct. App. 1st Cir. 2009
our state Supreme Court first addressed the right of bystanders to recover for emotional distress.
Dale L. and Maurine Ann Spires v. State Farm Mutual Automobile ins.co. La. Ct. App. 3d Cir. 2008
Spires v. STATE FARM MUT. AUTO. INS. CO. 996 So. 2d 697 La. Ct. App. 3d Cir. 2008
also known as bystander damages.
Jenkins v. WILLIS KNIGHTON MEDICAL CENTER 986 So. 2d 247 La. Ct. App. 2d Cir. 2008
Hebert v. Webre 982 So. 2d 770 La. 2008
Hager v. STATE, EX REL. DOTD 978 So. 2d 454 La. Ct. App. 1st Cir. 2008
hence its common designation as "Lejeune damages."
Hager v. State ex rel. Department of Transportation & Development 978 So. 2d 454 La. Ct. App. 1st Cir. 2008
recover damages for mental anguish or emotional distress suffered as- the result of such injury, if they witness the event or come upon its scene soon thereafter, and if the relative’s mental anguish or emotional distress is “severe, debilitating, and foreseeable.” hence its common designation as “Lejeune damages.” See Held v. Aubert, 02-1486, pp. 5-6 (La.App.
Hebert v. Webre 971 So. 2d 1238 La. Ct. App. 3d Cir. 2007
[4] said decision being later codified by the legislature in La.Civ.Code art. 2315.6.
Jeff Sepulvado v. Toledo Nursing Center, Inc. La. Ct. App. 3d Cir. 2007
Sepulvado v. Toledo Nursing Center, Inc. 958 So. 2d 135 La. Ct. App. 1st Cir. 2007
Royce Monk v. State of La., Dotd Consolidated With Dana Vezinat v. State of La., Dotd Consolidated With … La. Ct. App. 3d Cir. 2005
DOTD argues Mrs. Beverly is not entitled to damages “inasmuch as she sought no medical attention nor expressed significant distress in having viewed the scene.” However, the Louisiana Supreme Court recognized a plaintiff’s right to recover damages for severe mental pain and anguish caused by witnessing serious injury to a close relation.