No. 9446 Precedential Processed

Jacobs v. New Orleans Public Service, Inc.

Louisiana Court of Appeal, First Circuit · Filed July 30, 1979 · 374 So. 2d 167

Also decided on this docket: La. Ct. App. 1st Cir., March 7, 1979 368 So. 2d 1204; La. Ct. App. 1st Cir., November 2, 1926 5 La. App. 276; La., December 15, 1885 37 La. Ann. 894; La. Ct. App. 1st Cir., June 29, 1973 282 So. 2d 827; La. Ct. App. 2d Cir., April 12, 1961 129 So. 2d 45

Cited by

Opinion text

REDMANN, Judge. On remand from the supreme court for reconsideration we remand to the district court to allow defendant to present psychiatric and other evidence on the question whether plaintiff mother has any psychological disability as a result of the accident after which she continued to work for two and a half years until shortly before trial. To reinstate the trial judge’s award would be unfair to defendant because plaintiff alleged only that she was physically injured and disabled; she did not allege that she had suffered any psychological disability or injury. Defendant had no occasion to expect and therefore to defend against a claim for psychological disability. Remanded; costs to await outcome.