# Matherne v. Barnum

> Louisiana Court of Appeal · March 19, 2012 · 2011 La.App. 1 Cir. 0827

URL: https://www.frixlaw.com/law-library/cases/4876311

## Case

- **Full name:** Michael MATHERNE and Carrie Matherne v. Mayhew BARNUM and Barnum Construction, L.L.C
- **Court:** Louisiana Court of Appeal
- **Decided:** March 19, 2012
- **Citations:** 2011 La.App. 1 Cir. 0827; 94 So. 3d 782; 2012 La. App. LEXIS 356; 2012 WL 909703
- **Precedential status:** Published
- **Opinion:** Dissent by Parro
- **Judges:** Carter, Guidry, Higginbotham, Parro, Welch
- **Cited by:** 19 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/4876311

## Opinion text

PARRO, J.,
dissenting in part.
|,I concur with the majority on all issues except the award of nonpecuniary damages. Damages for nonpecuniary loss may be recovered when the contract, because of its nature, is intended to gratify a nonpe-cuniary interest and, because of the circumstances surrounding the formation or the nonperformance of the contract, the obligor knew, or should have known, that his failure to perform would cause that kind of loss. LSA-C.C. art. 1998. Comment (c) of the 1984 Revision Comments to this article clarify that a contract made for the gratification of a nonpecuniary interest means one intended to satisfy an interest of a spiritual order, such as a contract to create a work of art, or a contract to conduct scientific research, or a contract involving matters of sentimental value. I do not believe a bulkhead, boat slip, and deck satisfy this description, even when *793 constructed as appurtenances to one’s “dream home.” Moreover, the evidence does not show that the contractor knew or should have known that the Mathernes had an emotional connection to these constructions.
Accordingly, I respectfully dissent from the majority’s affirmation, albeit modified, of any award for that item of damages.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/4876311. Public record. Not legal advice.