No. 7548 Precedential Processed

Robinson v. New Orleans Public Service, Inc.

Louisiana Court of Appeal, First Circuit · Filed July 29, 1976 · 336 So. 2d 933

Also decided on this docket: La. Ct. App. 1st Cir., May 15, 1919 2 Pelt. 424; La. Ct. App. 3d Cir., May 21, 1980 386 So. 2d 939; La. Ct. App. 1st Cir., January 27, 1969 219 So. 2d 305; La. Ct. App. 2d Cir., November 3, 1950 49 So. 2d 44

Cited by

Opinion text

BEER, Judge (concurring). I concur because I feel obliged to follow the guidelines set in Lomenick v. Schoeffler, supra. In my view, the amount of the award signals a breach of discretion but for the highly questionable conclusion that Lulu Robinson’s hospitalization was necessary and related to the accident. I cannot reach this conclusion. In my view, her hospitalization was not only unnecessary but contrived. It resulted, in my opinion, from a combination of the following non-medical factors: (1) It cost her virtually nothing out of pocket because of insurance, etc. (2) The doctor who ordered it (but who felt that it was not at all necessary) was far more concerned about the “malpractice picture” than about Lulu Robinson’s totally subjective complaints. (3) It materially increased the possibility of a higher award in her claim against New Orleans Public Service, Inc., et al. I would very substantially reduce the amount of the award but for the previously noted mandate.