Castro v. Estevez
Castro v. Estevez, 150 So. 3d 431 (La. Ct. App. 1st Cir. 2014).
Authorities cited
Identified automatically; this list may not be exhaustive.
- Sanchez v. Dubuc 110 So. 3d 1140
- Webb v. Horton 812 So. 2d 91
- Rehm v. Morgan 885 So. 2d 687
Opinion text
WICKER, J., concurs in part and dissents in part, with reasons. U agree with the majority that the jury’s award of $5,000 in general damages was abusively low. I respectfully dissent from the majority’s decision with respect to the lowest reasonable award of general damages. As discussed in the majority opinion, the record reflects that Mr. Castro sustained a herniated lumbar disc as a result of the accident in question. In Sanchez v. Dubuc, this Court recently found that the lowest reasonable general damage award for a non-surgical herniated disc *435 within a jury’s discretion is $50,000. Sanchez v. Dubuc, 12-526 (La.App. 5 Cir. 2/21/13) ; 110 So.3d 1140, 1146 (citing Webb v. Horton, 01-978 (La.App. 5 Cir. 2/13/02) ; 812 So.2d 91, 99 ; Rehm v. Morgan, 04-344 (La.App. 5 Cir. 10/26/04) ; 885 So.2d 687, 692-93 ). Therefore, Mr. Castro’s general damages award should have been increased to $50,000. In all other respects, I agree with the majority’s opinion.