# Ennis v. Sears, Roebuck & Co.

> Louisiana Court of Appeal · February 25, 2009 · 8 La.App. 5 Cir. 235

URL: https://www.frixlaw.com/law-library/cases/4874298

## Case

- **Full name:** Erna ENNIS v. SEARS, ROEBUCK AND COMPANY
- **Court:** Louisiana Court of Appeal
- **Decided:** February 25, 2009
- **Citations:** 8 La.App. 5 Cir. 235; 9 So. 3d 899; 2009 La. App. LEXIS 301; 2009 WL 484373
- **Precedential status:** Published
- **Opinion:** Concurrence by Wicker
- **Judges:** Jasmine, McManus, Tempore, Wicker
- **Cited by:** 3 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/4874298

## How later opinions describe it (automated extraction)

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

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/4874298. Public record. Not legal advice.