Cited by
Opinions in Louisiana that cite Youn v. Maritime Overseas Corp., 623 So. 2d 1257.
- Tracie Bernard v. Family Dollar Stores of Louisiana, Inc. La. Ct. App. 3d Cir. 2005
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Clyde Rayburn v. Shirley Ponthieux
La. Ct. App. 3d Cir. 2005
5 In considering whether an award of general damages is excessive or inadequate, we are guided by the supreme court’s cert.
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Alden v. Lorning
904 So. 2d 24
La. Ct. App. 1st Cir. 2005
In Mitter, 03-1608, p. 10, 874 So.2d at 271-72 , in which the Supreme Court held: [T]he 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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Rayburn v. Ponthieux
902 So. 2d 1136
La. Ct. App. 1st Cir. 2005
| Jn considering whether an award of general damages is excessive or inadequate, we are guided by the supreme court’s cert.
- In re New Orleans Train Car Leakage Fire Litigation 903 So. 2d 9 La. Ct. App. 1st Cir. 2005
- Adams v. CSX Railroads 902 So. 2d 413 La. Ct. App. 1st Cir. 2005
- Lenard v. State Farm Mut. Auto. Ins. Co. 900 So. 2d 322 La. Ct. App. 2d Cir. 2005
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Eddie J. Williams, Jr. v. Finley, Inc. D/B/A Naomi Heights Nursing Home
La. Ct. App. 3d Cir. 2005
For this treatment, the Trial Court awarded in excess of $40,000.00 in general damages.” The Louisiana Supreme Court articulated the proper standard for reviewing a trial court’s
- Dean Iwamoto v. James M. Wilcox La. Ct. App. 3d Cir. 2005
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Williams v. Finley, Inc.
900 So. 2d 1040
La. Ct. App. 1st Cir. 2005
For this treatment, the Trial .Court awarded in excess of $40,000.00 in general damages.” The Louisiana Supreme Court articulated the proper standard for .reviewing a trial court’s
- Iwamoto v. Wilcox 900 So. 2d 1047 La. Ct. App. 3d Cir. 2005
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Motton v. Lockheed Martin Corp.
900 So. 2d 901
La. Ct. App. 4th Cir. 2005
Coco v. Winston Industries, Inc.
- DiMaggio v. Williams 900 So. 2d 1014 La. Ct. App. 1st Cir. 2005
- Gulfstream Services v. Hot Energy Services 907 So. 2d 96 La. Ct. App. 1st Cir. 2005
- Christopher Sims v. Liberty Mutual Insurance Co. La. Ct. App. 3d Cir. 2005
- Sims v. Liberty Mut. Ins. Co. 897 So. 2d 834 La. Ct. App. 3d Cir. 2005
- Wilson v. Transportation Consultants, Inc. 899 So. 2d 590 La. Ct. App. 4th Cir. 2005
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Bailey v. Nunez
898 So. 2d 589
La. Ct. App. 4th Cir. 2005
-1261 (La.1993) Analyzing the award of the trial court pursuant to the standards set forth in Youn , and considering the particular injuries and their effects under the particular circumstances on Mr. Bailey, we find no clear abuse of the "much discretion" of the trier of fact.
- Seals v. SHELTER INS. COMPANIES 894 So. 2d 1259 La. Ct. App. 2d Cir. 2005
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Aguilar v. TRANSIT MANAGEMENT OF SE LA.
900 So. 2d 65
La. Ct. App. 5th Cir. 2005
quoted approvingly recently in a Per Curiam by our *72 Supreme Court, Miller v. Clout, 03-0091 (La.10/21/03), , the Court explained: [T]he 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.
- Daniels v. Seruntine 900 So. 2d 47 La. Ct. App. 1st Cir. 2005
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Mosley v. Orleans Parish School Bd.
898 So. 2d 524
La. Ct. App. 4th Cir. 2005
the court discussed the standard of review of general damage awards as follows: The standard for appellate review of general damage awards is difficult to express and is necessarily non-specific, and the requirement of an articulated basis for disturbing such awards gives little guidance as to what articulation suff
- Casbon v. Phillips 897 So. 2d 790 La. Ct. App. 4th Cir. 2005
- Souhlas v. Le Tam 897 So. 2d 762 La. Ct. App. 1st Cir. 2005
- Collier v. Benedetto 897 So. 2d 775 La. Ct. App. 1st Cir. 2005
- Brown v. State 896 So. 2d 1136 La. Ct. App. 5th Cir. 2005
- LeMasters v. Boyd Gaming Corp. 898 So. 2d 497 La. Ct. App. 5th Cir. 2005
- Wilson v. LeBlanc 906 So. 2d 529 La. Ct. App. 1st Cir. 2005
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Hamilton v. Walker
893 So. 2d 1002
La. Ct. App. 3d Cir. 2005
In support of this contention, cert.
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Bonnie Hamilton v. Charles R. Walker and Allstate Ins. Co.
La. Ct. App. 3d Cir. 2005
In support of this contention, cert.
- Jones v. Harris 896 So. 2d 237 La. Ct. App. 4th Cir. 2005
- Henry v. Williams 892 So. 2d 765 La. Ct. App. 2d Cir. 2005
- Rathey v. Priority EMS, Inc. 894 So. 2d 438 La. Ct. App. 4th Cir. 2005
- Garrett v. Boh Bros. Const. Co., LLC 894 So. 2d 366 La. Ct. App. 5th Cir. 2005
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Julie Guidry v. Coregis Ins. Co.
La. Ct. App. 3d Cir. 2004
Inadequate Warnings 12 Clement v. Frey, 95-1119 (La.1/16/96), Cheairs v. State, 03-680 (La.12/3/03)
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Guidry v. Coregis Ins. Co.
896 So. 2d 164
La. Ct. App. 3d Cir. 2004
[12] Clement v. Frey, 95-1119 (La.1/16/96), ; Cheairs v. State, 03-680 (La.12/3/03), .
- Beilenson v. Jefferson Parish Hospital Service District No. 2 891 So. 2d 74 La. Ct. App. 1st Cir. 2004
- Noran J. Robin, Jr., Et Ux. v. Allstate Indemnity Company La. Ct. App. 3d Cir. 2004
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Brandi Broussard v. Michelle Fredericks
La. Ct. App. 3d Cir. 2004
to award special damages without awarding general damages, in Wainwright v. Fontenot, the Supreme Court held that it would be inconsistent with the great deference afforded the factfinder to state that, as a matter of law, such a verdict must always be erroneous.” 2 Further, the supreme court found that what appeared to be a blanket rule in some 1 cert.
- Broussard v. Fredericks 889 So. 2d 483 La. Ct. App. 1st Cir. 2004
- Robin v. Allstate Indemnity Co. 889 So. 2d 450 La. Ct. App. 1st Cir. 2004
- Williams v. Maritime, Inc. 889 So. 2d 1055 La. Ct. App. 5th Cir. 2004
- Wright v. General Aviation Co. 889 So. 2d 1115 La. Ct. App. 5th Cir. 2004
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LaFleur v. Martin
890 So. 2d 26
La. Ct. App. 5th Cir. 2004
Miller [v. Clout ], 03-0091 at p. 7, 857 So.2d [458] at 463, quoting *31
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Sam A. Daigle and Theresa M. Daigle v. Trinity United Mortgage, LLC & Joe Diez
La. Ct. App. 3d Cir. 2004
As such, “the role of an appellate court in reviewing general damages is not to decide what it considers to be an appropriate award, but rather to review the exercise of discretion by the trier of fact.”
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Daigle v. Trinity United Mortgage, L.L.C.
890 So. 2d 583
La. Ct. App. 1st Cir. 2004
As such, “the role of an appellate court in reviewing general damages is not to decide what it considers to be an appropriate award, but rather to review the exercise of discretion by the trier of fact.” (La.
- Rehm v. Morgan 885 So. 2d 687 La. Ct. App. 1st Cir. 2004
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Washington v. Aetna Life Ins. Co.
886 So. 2d 572
La. Ct. App. 4th Cir. 2004
Coco v. Winston Industries, Inc., cert.
- Foreman v. Babin 887 So. 2d 143 La. Ct. App. 5th Cir. 2004
- Judy Barton v. Cicero and Earline Hines La. Ct. App. 3d Cir. 2004