Cited by
Opinions in Louisiana that cite Youn v. Maritime Overseas Corp., 623 So. 2d 1257.
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Piro v. Stan Weber & Associates
638 So. 2d 463
La. Ct. App. 1st Cir. 1994
cert, denied, Maritime Overseas Corp. v. Youn, — U.S.—, 114 S.Ct.
- Breaux v. Larkin 637 So. 2d 1313 La. Ct. App. 1st Cir. 1994
- White v. Longanecker 637 So. 2d 1213 La. Ct. App. 1st Cir. 1994
- Cheramie v. Horst 637 So. 2d 720 La. Ct. App. 1st Cir. 1994
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Rochel v. Terrebonne Parish School Bd.
637 So. 2d 753
La. Ct. App. 1st Cir. 1994
cert denied, ___ U.S. ___, 114 S.Ct.
- Rispone v. Louisiana State University 637 So. 2d 731 La. Ct. App. 1st Cir. 1994
- Smith v. LOUISIANA HEALTH & HUMAN RES. 637 So. 2d 1177 La. Ct. App. 4th Cir. 1994
- Dixon v. Winn-Dixie Louisiana, Inc. 638 So. 2d 306 La. Ct. App. 4th Cir. 1994
- Wilson v. Compass Dockside, Inc. 635 So. 2d 1171 La. Ct. App. 4th Cir. 1994
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Sattler v. Hammond
640 So. 2d 570
La. Ct. App. 1st Cir. 1994
the Louisiana Supreme Court stated: “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 suffices to justify modification
- Reid v. State Through DOTD 637 So. 2d 618 La. Ct. App. 2d Cir. 1994
- Cormier v. Cliff's Drilling Co. 640 So. 2d 552 La. Ct. App. 3d Cir. 1994
- Jones v. Trailor 636 So. 2d 1112 La. Ct. App. 4th Cir. 1994
- Prestenbach v. Louisiana Power & Light 638 So. 2d 234 La. Ct. App. 5th Cir. 1994
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Ard v. East Jefferson General Hosp.
636 So. 2d 1042
La. Ct. App. 5th Cir. 1994
: the 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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Durant v. State ex rel. Department of Transportation & Development
636 So. 2d 1022
La. Ct. App. 1st Cir. 1994
However, our jurisprudence, already replete with language cautioning the appellate courts not to disturb general damages awards absent a clear abuse of discretion by the trial court, has been augmented with a
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Durant v. STATE, THROUGH DOTD
636 So. 2d 1022
La. Ct. App. 1st Cir. 1994
However, our jurisprudence, already replete with language cautioning the appellate courts not to disturb general damages awards absent a clear abuse of discretion by the trial court, has been augmented with a
- Adams v. Lammon 635 So. 2d 373 La. Ct. App. 4th Cir. 1994
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Langlinais v. Figueroa
636 So. 2d 983
La. Ct. App. 1st Cir. 1994
: this Court commented on appellate review of general damage awards and on the “much discretion” in fixing damages accorded to trial courts by La.Civ.Code art. 1934(3) (1870).
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Longman v. Allstate Ins. Co.
635 So. 2d 343
La. Ct. App. 4th Cir. 1994
Moreover, the Supreme Court made the following observation concerning appellate review of general damage awards: 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
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Beoh v. Watkins
635 So. 2d 424
La. Ct. App. 4th Cir. 1994
ic with the Sewerage and Water Board's attempt to obtain a trial de novo as a means of extricating this Court from the straightjacket we find ourselves in when reviewing issues of fact in general and quantum in particular as a to Stobart v. State, through DOTD, the solution proposed is just as extreme in the other direction.
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Simpson v. State Through DOTD
636 So. 2d 608
La. Ct. App. 1st Cir. 1994
the most recent decision of the Louisiana Supreme Court addressing the standard for appellate review of general damage awards, the court continues a jurisprudential trend of constricting the standard.
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Blanchard v. Means Industries, Inc.
635 So. 2d 288
La. Ct. App. 5th Cir. 1994
5th Cir.1992), rev'd on other grounds, (La.
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Russell ex rel. Wunstell v. Kossover
634 So. 2d 72
La. Ct. App. 4th Cir. 1994
In reviewing this jury’s award of general damages, we are guided by the Louisiana Supreme Court’s : “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 suffices to justify modification or a generous or stingy award.
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Otnott v. Morgan
636 So. 2d 957
La. Ct. App. 4th Cir. 1994
we are unable to conclude that this award is abusive of the trial court's discretion.
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Bozeman v. Reed
633 So. 2d 944
La. Ct. App. 1st Cir. 1994
Youn v. Maritime Overseas Corporation, et al
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Brumfield v. Guilmino
633 So. 2d 903
La. Ct. App. 1st Cir. 1994
cert denied, ___ U.S. ___, 114 S.Ct.
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Chamberlain v. State Through DOTD
633 So. 2d 871
La. Ct. App. 1st Cir. 1994
Because we have the benefit of the trial court's determination as to what amount it would have awarded in general damages based on the evidence if the cap were not in effect
- Jenkins v. State 634 So. 2d 7 La. Ct. App. 1st Cir. 1994
- Clement v. Griffin 634 So. 2d 412 La. Ct. App. 4th Cir. 1994
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Juneau v. Louisiana Indemnity Insurance Co.
634 So. 2d 1269
La. Ct. App. 1st Cir. 1994
The standard of review applicable herein requires that we defer to the fact finder’s great discretion in reviewing damages and reverse only when an award is “beyond that which a reasonable trier of fact could assess for the effect of the particular injury to the particular plaintiff under the particular circumstances.” at 1261 (La.1993).
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Atkinson v. Celotex Corp.
633 So. 2d 383
La. Ct. App. 3d Cir. 1994
the Supreme Court reiterated the long standing rule that the trier of fact is afforded great discretion in making an award of general damages.
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Andrus v. Andrus
634 So. 2d 1254
La. Ct. App. 3d Cir. 1994
In Youn v. Maritime Overseas Corp., et al., the supreme court stated that the discretion of the trial court in setting a damage award is great and even vast, so that this court should rarely disturb the damages award.
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Nugent v. Continental Cas. Co.
634 So. 2d 406
La. Ct. App. 3d Cir. 1994
the court made the following observation: The standard for appellate review of general damage awards is difficult to express and is necessarily nonspecific, and the requirement of an articulated basis for disturbing such awards gives little guidance as to what articulation suffices to justify modification o
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Treadaway v. Shoney's, Inc.
633 So. 2d 841
La. Ct. App. 4th Cir. 1994
However, is the controlling law.
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Davis v. Kreutzer
633 So. 2d 796
La. Ct. App. 4th Cir. 1994
Recently, the Supreme Court, held: the 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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Butler v. Zapata Haynie Corp.
633 So. 2d 1274
La. Ct. App. 3d Cir. 1994
the Louisiana Supreme Court denied a writ in granted a writ in and in an opinion at modified the court of appeal in part to reinstate the damages awarded by the trial court.
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Sons v. Delaune
634 So. 2d 1212
La. Ct. App. 1st Cir. 1994
In reviewing the trial court's award of general damages for error, , slip op.
- Fontana v. Coca-Cola Enterprises, Inc. 632 So. 2d 811 La. Ct. App. 1st Cir. 1994
- Rabito v. Otis Elevator Co. 633 So. 2d 368 La. Ct. App. 4th Cir. 1994
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Stewart v. Select Ins. Co.
631 So. 2d 599
La. Ct. App. 3d Cir. 1994
Recently, our Supreme Court characterized the trier of fact's discretion as "`great' and even vast."
- LK v. Reed 631 So. 2d 604 La. Ct. App. 3d Cir. 1994
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Powell v. Automotive Cas. Ins. Co.
631 So. 2d 581
La. Ct. App. 3d Cir. 1994
Hae Woo Youn v. Maritime Overseas Corporation, et al, (La.
- Owens v. Anderson 631 So. 2d 1313 La. Ct. App. 4th Cir. 1994
- Spurrell v. Ivey 630 So. 2d 1378 La. Ct. App. 2d Cir. 1994
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Rick v. STATE, DOTD
630 So. 2d 1271
La. 1994
at 1261 (La.1993), petition for cert.
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Chenniliaro v. Kaufman & Broad Home Sys.
636 So. 2d 246
La. Ct. App. 1st Cir. 1994
the Louisiana Supreme Court, discussed the standard for appellate review of a general damage award: 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
- Gaston v. G & D Marine Services, Inc. 631 So. 2d 547 La. Ct. App. 4th Cir. 1994
- Davis v. L.J. Earnest, Inc. 631 So. 2d 63 La. Ct. App. 2d Cir. 1994
- Vaughan Contractors, Inc. v. Cahn 629 So. 2d 1225 La. Ct. App. 4th Cir. 1994