Cited by
Opinions in Louisiana that cite Lejeune v. Rayne Branch Hosp., 556 So. 2d 559.
- Blanchard v. State ex rel. Parks & Recreation Commission 702 So. 2d 768 La. Ct. App. 1st Cir. 1997
- Duryea v. Handy 700 So. 2d 1123 La. Ct. App. 4th Cir. 1997
- Explained Ferrell v. Fireman's Fund Ins. Co. 696 So. 2d 569 La. 1997
- Barrino v. E. BATON ROUGE SCHOOL BD. 697 So. 2d 27 La. Ct. App. 1st Cir. 1997
- Guillory v. Ins. Co. of North America 692 So. 2d 1029 La. 1997
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Trahan v. McManus
689 So. 2d 696
La. Ct. App. 3d Cir. 1997
As this Court has previously recognized, La.Civ.Code art. 2316.5
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Demery v. Housing Auth. of New Orleans
689 So. 2d 659
La. Ct. App. 4th Cir. 1997
3d Cir.1989), writ granted, aff'd, [4] , the father of an injured person who views the event causing injury to the person, or who comes upon the scene shortly thereafter, may recover damages for mental anguish or emotional distress that he suffers as a result of the other person's injury.
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Bower v. Jo Ellen Smith Convalescent Center
688 So. 2d 177
La. Ct. App. 1st Cir. 1997
Damages for mental pain and anguish sustained by a
- Rhodes v. State Through DOTD 684 So. 2d 1134 La. Ct. App. 1st Cir. 1996
- Smith v. Succession of Trattler 681 So. 2d 961 La. Ct. App. 5th Cir. 1996
- LaCour v. Safeway Ins. Co. 676 So. 2d 761 La. Ct. App. 3d Cir. 1996
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Landreneau v. Fruge
676 So. 2d 701
La. Ct. App. 3d Cir. 1996
After close of the evidence, the trial judge sustained an exception of no cause of action filed by Fontenot, the School Board, (La.
- Davis v. Puryear 673 So. 2d 1298 La. Ct. App. 4th Cir. 1996
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Parker v. ST. TAMMANY HOSP. SERV. DIST.
670 So. 2d 531
La. Ct. App. 1st Cir. 1996
[2] the Louisiana Supreme Court recognized a cause of action for mental anguish suffered by a person because of injury sustained by another person.
- Williams v. Mumphrey 668 So. 2d 1274 La. Ct. App. 5th Cir. 1996
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Norred v. Radisson Hotel Corp.
665 So. 2d 753
La. Ct. App. 1st Cir. 1995
DAMAGES FOR MENTAL ANGUISH In 1990
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EVANS VENDING SERVICE, INC. v. Raymond
666 So. 2d 334
La. Ct. App. 1st Cir. 1995
In the instant case, plaintiff acknowledges this previous line of jurisprudence, validates plaintiff's claim for damages herein.
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Dowden v. Mid State Sand & Gravel Co.
664 So. 2d 643
La. Ct. App. 3d Cir. 1995
Rather, the supreme court stated: [M]edical advances of today provide greater objective proof of [mental anguish] damages so that it is no longer necessary to rely solely on the plaintiff's testimony of damages to allow recovery.
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Uriegas v. Gainsco
663 So. 2d 162
La. Ct. App. 3d Cir. 1995
Danny also presented a personal claim for the negligent infliction of emotional distress under La.Civ.Code art. 2315.6
- Rhodes v. STATE THROUGH DEPT. OF TRANSP. & DEV. 656 So. 2d 650 La. Ct. App. 1st Cir. 1995
- Edwards v. Pelican State Mutual Insurance Co. 657 So. 2d 440 La. Ct. App. 1st Cir. 1995
- Delphen v. Dept. of Transp. & Dev. 657 So. 2d 328 La. Ct. App. 4th Cir. 1995
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Ledbetter v. Concord General Corp.
651 So. 2d 911
La. Ct. App. 2d Cir. 1995
the Louisiana Supreme Court set forth guidelines for awarding damages for mental pain and anguish arising from injury to another person.
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Moody v. United Nat. Ins. Co.
657 So. 2d 236
La. Ct. App. 5th Cir. 1995
persons not directly injured may recover for mental pain and anguish they sustain due to negligent infliction of injury on a third person.
- Rhodes v. State ex rel. Department of Transportation & Development 656 So. 2d 650 La. Ct. App. 1st Cir. 1995
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Morris v. Maryland Cas. Co.
657 So. 2d 198
La. Ct. App. 3d Cir. 1995
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.
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Trahan v. McManus
653 So. 2d 89
La. Ct. App. 3d Cir. 1995
(La.1990), citing PPG Industries, Hill v. Lundin and Associates, Inc., 260 La.
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Scamardo v. Dunaway
650 So. 2d 417
La. Ct. App. 5th Cir. 1995
See Lejeune v. Rayne Branch Hosp., supra, [ ] at p. 570 [(La.1990)].
- Beis v. Bowers 649 So. 2d 1094 La. Ct. App. 4th Cir. 1995
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Zar v. Gaudet
648 So. 2d 1012
La. Ct. App. 5th Cir. 1994
Louisiana jurisprudence is clear on this issue, under Lejuene [sic] v. Rayne Branch Hospital
- Brooks v. Henson Fashion Floors, Inc. 647 So. 2d 440 La. Ct. App. 2d Cir. 1994
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Spears v. Jefferson Parish School Bd.
646 So. 2d 1104
La. Ct. App. 5th Cir. 1994
art. 2315.6 but reserved their right to seek damages for loss of consortium.
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Dufour v. Westlawn Cemeteries, Inc.
639 So. 2d 843
La. Ct. App. 5th Cir. 1994
The "Bystander Recovery Rule"
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Smith v. LOUISIANA HEALTH & HUMAN RES.
637 So. 2d 1177
La. Ct. App. 4th Cir. 1994
-569 (La.1990) ("We have also said that foreseeability alone cannot be the sole inquiry because all risks are not foreseeable, and some risks that are foreseeable may not be *1183 included because not within the scope of that duty.") Further, in Louisiana, negligence is determined using the four-pronged duty-risk
- Bordelon v. St. Frances Cabrini Hosp. 640 So. 2d 476 La. Ct. App. 3d Cir. 1994
- Polk v. Blanque 633 So. 2d 1382 La. Ct. App. 4th Cir. 1994
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Kelty v. Brumfield
633 So. 2d 1210
La. 1994
[7] changed the law to permit such claims under limited circumstances.
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Crabtree v. State Farm Ins. Co.
632 So. 2d 736
La. 1994
[2] this court recognized a plaintiff's right to recover damages for severe mental pain and anguish caused by witnessing serious injury to a close relation.
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Chenniliaro v. Kaufman & Broad Home Sys.
636 So. 2d 246
La. Ct. App. 1st Cir. 1994
They contend that they meet the requirements for recovery of mental anguish damages resulting from injuries to another, as recognized by Lejeune v. *250 Rayne Branch Hospital, (La.
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Vallery v. Southern Baptist Hosp.
630 So. 2d 861
La. Ct. App. 4th Cir. 1993
our Supreme Court remarked: "Damages for mental pain and anguish are generally allowed in tort cases in Louisiana".
- Raney v. Walter O. Moss Regional Hosp. 629 So. 2d 485 La. Ct. App. 3d Cir. 1993
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Whitaker v. Mullinax
628 So. 2d 222
La. Ct. App. 2d Cir. 1993
The trial court granted the defendants' motion for a direct verdict on Mrs. Whitaker's claim for emotional distress because she had failed to adequately state a
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Chamberlain v. State, Through DOTD
624 So. 2d 874
La. 1993
That issue was neither raised *877 nor briefed below, and thus is not properly before us. The second subsidiary issue plaintiffs raise is whether the parameters of a cause of action for emotional distress suffered as a result of injury to a should be modified or extended.
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Blair v. Tynes
621 So. 2d 591
La. 1993
we recognized a duty to protect against emotional distress that might be suffered by one witnessing negligent infliction of injury to another.
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Montgomery v. Max Foote Const. Co.
621 So. 2d 90
La. Ct. App. 2d Cir. 1993
McKeen Homeowners Ass'n, Inc., supra .
- McKenzie v. Alton Ochsner Medical Foundation 621 So. 2d 6 La. Ct. App. 1st Cir. 1993
- In Re Medical Review Panel Bilello 621 So. 2d 6 La. Ct. App. 4th Cir. 1993
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Thibodeau v. Mayor and Councilmen of Morgan City
619 So. 2d 595
La. Ct. App. 1st Cir. 1993
MR. AND MRS. THIBODEAU'S MENTAL ANGUISH CLAIM (Plaintiffs' Assignment of Error No. 3) Mr. and Mrs. Thibodeau contend the trial court erred in dismissing their claims for mental anguish
- Deville v. Budd Const. Co. 617 So. 2d 570 La. Ct. App. 3d Cir. 1993
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Cockerham v. Atlantic Richfield Co.
615 So. 2d 547
La. Ct. App. 3d Cir. 1993
See also, and cases cited therein.