Cited by
Opinions in Louisiana that cite Youn v. Maritime Overseas Corp., 623 So. 2d 1257.
- Barton v. Hines 884 So. 2d 1214 La. Ct. App. 3d Cir. 2004
- Simms v. Progressive Ins. Co. 883 So. 2d 473 La. Ct. App. 2d Cir. 2004
- Koehn v. Rhodes 882 So. 2d 757 La. Ct. App. 2d Cir. 2004
- Jarrell v. Miller 882 So. 2d 639 La. Ct. App. 2d Cir. 2004
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James v. Robinson
880 So. 2d 975
La. Ct. App. 2d Cir. 2004
It should not be overlooked that the trial court did, in fact, award general damages which, if considered too low
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James v. Robinson
880 So. 2d 975
La. Ct. App. 2d Cir. 2004
NOTES [1] It should not be overlooked that the trial court did, in fact, award general damages which, if considered too low, (La.
- Lyons v. Progressive Insurance Co. 881 So. 2d 124 La. Ct. App. 1st Cir. 2004
- Andrews v. Dufour 882 So. 2d 15 La. Ct. App. 4th Cir. 2004
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Sandres J. Guidry v. Dwight Manuel, Inc.
La. Ct. App. 3d Cir. 2004
Co., cert denied, 510 U.S. 1114, 114 S.Ct.
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Guidry v. Dwight Manuel, Inc.
877 So. 2d 346
La. Ct. App. 1st Cir. 2004
1990); ce rt denied, 510 U.S. 1114 , 114 S.Ct.
- Guillot v. Doe 879 So. 2d 374 La. Ct. App. 3d Cir. 2004
- Phillip Bruce Jackson v. Safeway Ins. Co. of Louisiana La. Ct. App. 3d Cir. 2004
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Melvin G. Guillot, Indiv. Etc v. John Doe, Indiv.
La. Ct. App. 3d Cir. 2004
During surgery, he was given surgical anesthesia, which involved the use of intravenous sedation as well 1 cert.
- Jackson v. Safeway Insurance Co. of Louisiana 879 So. 2d 364 La. Ct. App. 1st Cir. 2004
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Cooper v. LOUISIANA STATE DOTD
885 So. 2d 1211
La. Ct. App. 1st Cir. 2004
certiorari denied, 510 U.S. 1114 , 114 S.Ct.
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Cole v. STATE, DEPT. OF PUBLIC SAFETY
886 So. 2d 463
La. Ct. App. 1st Cir. 2004
(citing Coco v. Winston Industries, Inc., *466 ), the court instructed that, "Only after such a determination of an abuse of discretion is a resort to prior awards appropriate and then for the purpose of determining the highest or lowest point which is reasonably within that disc
- Martin v. Performance Motorwerks, Inc. 879 So. 2d 840 La. Ct. App. 1st Cir. 2004
- Musacchia v. Hilton New Orleans Corp. 876 So. 2d 901 La. Ct. App. 1st Cir. 2004
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Scarbrough v. OK Guard Dogs
879 So. 2d 239
La. Ct. App. 1st Cir. 2004
(citing Coco v. Winston Industries, Inc., ), the court instructed that, "Only after such a determination of an abuse of discretion is a resort to prior awards appropriate and then for the purpose of determining the highest or lowest point which is reasonably within that discretio
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Glen J. Moody v. State Farm Mutual Auto Ins. Co.
La. Ct. App. 3d Cir. 2004
The standard of this court’s and was confirmed in Youn v. Maritime Overseas, Corp., cert.
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Moody v. State Farm Mut. Auto Ins. Co.
872 So. 2d 630
La. Ct. App. 3d Cir. 2004
and was confirmed in Youn v. Maritime Overseas, Corp., cert.
- Hornsby v. Bayou Jack Logging 872 So. 2d 1244 La. Ct. App. 3d Cir. 2004
- Barry Hornsby and Larry Hornsby v. Bayou Jack Logging La. Ct. App. 3d Cir. 2004
- Craft v. Sewerage & Water Board of New Orleans 874 So. 2d 908 La. Ct. App. 1st Cir. 2004
- McCarter v. Sanchez 874 So. 2d 918 La. Ct. App. 1st Cir. 2004
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Petranick v. White Consolidated Industries
870 So. 2d 1164
La. Ct. App. 5th Cir. 2004
the court reiterated the long standing rule that general damages are not susceptible to exact calculation and that the trier of fact has much discretion in fixing awards.
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Thibodeaux v. STONEBRIDGE, LLC
873 So. 2d 755
La. Ct. App. 5th Cir. 2004
Miller, 03-0091 at p. 7, 857 So.2d at 463
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Mitter v. Touro Infirmary
874 So. 2d 265
La. Ct. App. 4th Cir. 2004
the Supreme Court stated: [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.
- Riley v. Salley 874 So. 2d 874 La. Ct. App. 4th Cir. 2004
- McCormick v. Allstate Insurance Co. 870 So. 2d 547 La. Ct. App. 1st Cir. 2004
- Howard McCormick, Indiv. v. Allstate Ins. Co. and Amy Romero La. Ct. App. 3d Cir. 2004
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Roberts v. Owens-Corning Fiberglas Corp.
878 So. 2d 631
La. Ct. App. 1st Cir. 2004
*644 (citing Coco v. Winston Industries, Inc., ), the court instructed that, "Only after such a determination of an abuse of discretion is a resort to prior awards appropriate and then for the purpose of determining the highest or lowest point which is reasonably within that discretio
- Hose v. Younger Bros., Inc. 878 So. 2d 548 La. Ct. App. 1st Cir. 2004
- Celia Ann Marks v. Ohmeda, Inc. La. Ct. App. 3d Cir. 2004
- Benjamin ex rel. Benjamin v. Housing Authority 871 So. 2d 1208 La. Ct. App. 1st Cir. 2004
- Marks v. Ohmeda, Inc. 871 So. 2d 1148 La. Ct. App. 3d Cir. 2004
- Vera R. Paine v. Avoyelles Council on Aging La. Ct. App. 3d Cir. 2004
- Paine v. Avoyelles Council on Aging 869 So. 2d 291 La. Ct. App. 1st Cir. 2004
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Craige v. Broome
869 So. 2d 242
La. Ct. App. 4th Cir. 2004
DAMAGES In Harvey v. Cole, supra at 13 808 So.2d at 781 , this Court stated: our Supreme Court set forth 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
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Elizabeth Monk v. State Farm Mutual Auto Ins. Co.
La. Ct. App. 3d Cir. 2004
Appellate review of a in which the Louisiana Supreme Court stated: [T]he 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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Monk v. State Farm Mutual Automobile Insurance Co.
866 So. 2d 1081
La. Ct. App. 1st Cir. 2004
Appellate review of a in which the Louisiana Supreme Court stated: [T]he 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.
- Engles v. City of New Orleans 872 So. 2d 1166 La. Ct. App. 4th Cir. 2004
- Franz v. First Bank System, Inc. 868 So. 2d 155 La. Ct. App. 4th Cir. 2004
- Young v. Fitzpatrick 865 So. 2d 969 La. Ct. App. 3d Cir. 2004
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Dana Desselle v. Michael Lafleur
La. Ct. App. 3d Cir. 2004
The standard for an appellate court’s and was confirmed in Youn v. Maritime Overseas, Corp., cert.
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Keith A. Lowery, Et Ux. v. Safeway Ins. Co. of Louisiana
La. Ct. App. 3d Cir. 2004
the supreme court articulated the standard of appellate review of general damage awards: [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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Cornelia E. Young v. Kevin Fitzpatrick
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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Lowery v. Safeway Ins. Co. of Louisiana
865 So. 2d 1060
La. Ct. App. 1st Cir. 2004
the supreme court articulated the standard of appellate review of general damage awards: [ 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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Desselle v. LaFleur
865 So. 2d 954
La. Ct. App. 3d Cir. 2004
and was confirmed in Youn v. Maritime Overseas, Corp., cert.
- Turner v. Lyons 867 So. 2d 13 La. Ct. App. 4th Cir. 2004