# Charles v. Cecil Chatman Plumbing & Heating Co.

> Louisiana Court of Appeal · October 23, 1996 · 686 So. 2d 43

URL: https://www.frixlaw.com/law-library/cases/7703051

## Case

- **Full name:** Joseph CHARLES, — v. CECIL CHATMAN PLUMBING and HEATING COMPANY, —
- **Court:** Louisiana Court of Appeal
- **Decided:** October 23, 1996
- **Citations:** 686 So. 2d 43; 1996 La. App. LEXIS 2349; 1996 WL 604203
- **Precedential status:** Published
- **Opinion:** On rehearing by Knoll
- **Judges:** Decuir, Deny, Knoll, Oad, Simply, Woodard
- **Cited by:** 5 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/7703051

## How later opinions describe it (automated extraction)

- finding award of medical expenses but no damages for pain and suffering improper where plaintiff had a cervical and lumbar strain

## Opinion text

KNOLL, Justice,
on rehearing.
The application for rehearing correctly points out that the opinion incorrectly applied the abuse of discretion standard of review in awarding damages. As correctly stated in the application for rehearing, since the quantum issue was an error of law by the jury’s failure to award general damages after it awarded plaintiff medical expenses, we were not confined by the constraints of Coco v. Winston Industries, Inc., 341 So.2d 332 (La.1976) and Reck v. Stevens, 373 So.2d 498 (La.1979), to the lowest amount. We review this issue de novo. Mart v. Hill, 505 So.2d 1120 (La.1987); Phelps v. White, 94-267 (La. App. 3 Cir. 10/5/94); 645 So.2d 698 ; writ denied, 651 So.2d 272 (La. 3/17/95). Notwithstanding, I find the award of $7,500 we made to plaintiff adequately compensated him for four and one-half weeks for an aggravation of a pre-existing condition and loss of one month’s wages. Accordingly, I deny the application for rehearing.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7703051. Public record. Not legal advice.