Opinion

Ennis v. Sears, Roebuck & Co.

  • 8 La.App. 5 Cir. 235
  • 9 So. 3d 899
  • 2009 La. App. LEXIS 301
  • 2009 WL 484373
Court
Louisiana Court of Appeal
Filed
Feb 25, 2009
Status
Published
Author
Wicker
On the bench
Jasmine, McManus, Tempore, Wicker
Cited by
3 cases

affirming general damage award of $24,000 for a 12-month soft tissue injury within trial court’s discretion

How later courts described this case

  • affirming general damage award of $24,000 for a 12-month soft tissue injury within trial court’s discretion

Written by the judges who cited it.

The opinion

WICKER, J.,

concurs in part and assigns reasons.

hi agree with the majority that there is no evidence linking the plaintiffs disc injury and resultant surgery to the accident at issue. I respectfully concur, however, with the majority to express my view that we are constrained from finding an abuse of discretion in the $24,000 general damage award for the 12-month soft tissue injury. In written reasons for judgment, the trial judge stated:

The parties stipulated to total medical expenses in the amount of $41,030.20, but gave no breakdown or itemization, so it is impossible for this court to accurately determine damages.

I agree. This Court has no way to determine the medical bills for the pre-surgieal period.

Accordingly, I respectfully concur in the majority opinion.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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