Mladenoff v. Louisiana Medical Mutual Insurance Co.
Mladenoff v. Louisiana Medical Mutual Insurance Co., 139 So. 3d 8 (La. Ct. App. 1st Cir. 2014).
Cited by
- Montz v. Williams 182 So. 3d 1149 La. Ct. App. 5th Cir. 2015
- Matranga v. Parish Anesthesia of Jefferson, LLC 170 So. 3d 1077 La. Ct. App. 1st Cir. 2015
- Matherne v. Jefferson Parish Hospital District No. 1 166 So. 3d 297 La. Ct. App. 1st Cir. 2014
Authorities cited
Identified automatically; this list may not be exhaustive.
- LeBlanc v. Allstate Ins. Co. 772 So. 2d 400
- Aucoin v. ABC Insurance 785 So. 2d 831
Opinion text
WICKER, J., Concurring in Part, and Dissenting in Part, With Reasons. |,I agree with the majority’s analysis and finding that a reasonable basis does not exist to support the jury’s finding that the plaintiff failed to establish the applicable standard of care by a preponderance of the evidence. However, I respectfully disagree with the majority’s decision to remand this case for a new trial. Generally, if the appellate court makes a finding that the trial court was manifestly erroneous or that there is a legal error, and the record is otherwise complete, the appellate court should render judgment on the record. LeBlanc v. Allstate Ins. Co., 00-1128 (La.App. 5 Cir. 11/28/00) , 772 So.2d 400, 403 , writ denied, 00-3522 (La.2/9/01), 785 So.2d 831 . In such cases, the appellate court is not subject to the manifest error rule, but decides the case de novo. Id. In my opinion, this Court should, based upon the complete record, analyze the evidence and render a judgment.