No. 15037 Precedential Processed

Guillot v. Fisherman's Paradise, Inc.

Louisiana Court of Appeal, First Circuit · Filed November 4, 1983 · 451 So. 2d 568

Also decided on this docket: La. Ct. App. 1st Cir., October 25, 1982 421 So. 2d 1196; La. Ct. App. 1st Cir., October 12, 1982 422 So. 2d 1194

Cited by

Anthony v. Hospital Service Dist. No. 1 477 So. 2d 1180 La. Ct. App. 1st Cir. 1985
Finley v. North Assur. Co. of America 476 So. 2d 837 La. Ct. App. 2d Cir. 1985

Authorities cited

Identified automatically; this list may not be exhaustive.

Guillot v. Fisherman's Paradise, Inc. 437 So. 2d 840
Meaux v. Wiley 325 So. 2d 655
Clifford v. Recreation and Park Commission 289 So. 2d 373
Clifford v. RECREATION AND PARK COMMISSION 293 So. 2d 168
Tatum v. Parish of East Baton Rouge 244 So. 2d 913
Tatum v. Parish of East Baton Rouge 258 La. 364
Gore v. American Motorists Insurance 246 So. 2d 683

Opinion text

SAVOIE, Judge. This case is on remand from our Supreme Court, 437 So.2d 840 , to fix damages in favor of the plaintiffs, Mr. and Mrs. Guillot, for the wrongful death of their two-year-old son. The record contains little evidence indicating the nature of the relationship between plaintiffs and their son. Accordingly, we assume their relationship to have been the normal relationship between parents and their two-year-old child. Based on this assumption, we find that an award of $25,000 per parent is appropriate. Meaux v. Wiley, 325 So.2d 655 (La.App. 3rd Cir. 1975); Clifford v. Recreation and Park Commission of East Baton Rouge, 289 So.2d 373 (La.App. 1st Cir.1973), writ denied, 293 So.2d 168 (La.1974); Tatum v. Parish of East Baton Rouge, 244 So.2d 913 (La.App. 1st Cir.1971), writ refused, 258 La. 364 , 246 So.2d 683 (La.1971). Accordingly, we award $25,000 each, in favor of Lloyd Guillot and Karen Sellers Guillot, and against defendant, Fisherman’s Paradise, Inc., 1 together with legal interest from the date of judicial demand. Defendant is to pay all costs. Judgment is so rendered. JUDGMENT RENDERED. . Service was never obtained on Gerald Strickland and, therefore, he is not a proper party defendant in this suit. Similarly, Gilbert Dozier is no longer a proper party defendant in this suit. With respect to Gilbert Dozier, the trial court granted a judgment of dismissal in his favor pursuant to C.C.P. art. 1810 and this judgment has not been appealed. On October 7, 1975, Fisherman's Paradise, Inc. purchased all the outstanding stock and assets of Flying Bridge Marina, Inc. and assumed responsibility for all debts. Accordingly, Fisherman's Paradise, Inc. is the sole remaining defendant herein.