No. 4420 Precedential Processed

Oliveira v. Crowther

Louisiana Court of Appeal, First Circuit · Filed June 4, 1957 · 96 So. 2d 96

Also decided on this docket: La. Ct. App. 1st Cir., June 7, 1971 250 So. 2d 66; La. Ct. App. 3d Cir., May 31, 1974 291 So. 2d 852

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Opinion text

TATE, Judge. The facts and legal issues are discussed in the companion case, Guidry v. Growther, La.App., 96 So.2d 71 , rendered this date. For the reasons stated therein, the District Court correctly held appellant liable. Appellants alternatively urge that the damages awarded were excessive. The District Court awarded $700 for personal injuries, plus $42 of proven medical expenses, for “a complete fracture of the left 7th rib” from which young Olivei-ra suffered “a month and a half or two months, according to his testimony”. He stayed in bed two weeks at home as a result of the painful fracture. The award is not manifestly excessive. See Rhymes v. Guidry, La.App. 1 Cir., 84 So.2d 634 . The judgment appealed from is affirmed. Affirmed. ELLIS, J., dissents. Rehearing denied; ELLIS, J., dissenting.