No. 95-736 Precedential Processed

Wartelle v. Woman's & Children's Hospital, Inc.

Louisiana Court of Appeal, First Circuit · Filed February 19, 1997 · 690 So. 2d 856

Also decided on this docket: La. Ct. App. 3d Cir., May 22, 1996 676 So. 2d 632

Cited by

Landry v. Clement 711 So. 2d 829 La. Ct. App. 3d Cir. 1998
Wartelle v. Women's and Children's Hosp., Inc. 704 So. 2d 778 La. 1997
Bellard v. South Cent. Bell Telephone Co. 702 So. 2d 695 La. Ct. App. 3d Cir. 1997

Authorities cited

Identified automatically; this list may not be exhaustive.

Dent v. Perkins 629 So. 2d 1354
Dent v. Perkins 634 So. 2d 853
Dunn v. Gentry 653 So. 2d 783
Oaks v. Dupuy 655 So. 2d 335

Opinion text

ON REHEARING JiPER CURIAM. We granted a rehearing to reconsider issues pertaining to the La.Civ.Code art. 2315.1 survival damages and La.Civ.Code art. 2315.6 LeJeune damages issues. After further consideration, a majority of this Court finds that survival damages of $50,000.00 are warranted in this case. Additionally, LeJeune damages of $25,000.00 to each of the parents are appropriate under the circumstances. These amounts raise the total award by an additional $100,000.00. See generally, Dent v. Perkins, 93-405 (La. App. 4 Cir. 12/16/93); 629 So.2d 1354 , writ denied, 94-0116 (La. 3/18/94); 634 So.2d 853 , and Dunn v. Gentry, 94-1164 (La.App. 3 Cir. 4/5/95) ; 653 So.2d 783 , writ denied, 95-1148 (La. 6/16/95); 655 So.2d 335 . KNOLL, J., concurs on rehearing and assigns written reasons. THIBODEAUX, J., specially concurs for the reasons stated in Judge KNOLL’s concurring opinion.