Opinion

Netter v. New Orleans Public Service, Inc.

347 So. 2d 941
1 A.L.R. 4th 1244
1977 La. App. LEXIS 4096

Court: Louisiana Court of Appeal
Filed: Jun 30, 1977
Status: Published
Author: Redmann
On the bench: Morial, Redmann, Stoulig
Cited by: 0 cases

The opinion

REDMANN, Judge,

dissenting in part.

The only objective evidence of injury that surgeon Dr. Barial found was “a small abrasion over . . . the upper third of the shin below the left knee” and “swelling over the lateral aspect of the left elbow”. (The swelling must have been minimal, since orthopedist Dr. Brown found none, although Dr. Barial said it continued to the time of trial.)

The award of $3,500 general damages is beyond the range of discretion of the trier of fact. The upper limit of that range approximates $1,000, to which we should reduce the award.

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