# Hernandez v. State ex rel. Department of Transportation & Development

> Louisiana Court of Appeal · October 16, 2002 · 841 So. 2d 808

URL: https://www.frixlaw.com/law-library/cases/7758090

## Case

- **Full name:** Vickie HERNANDEZ v. STATE of Louisiana, THROUGH the DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT Jude E. Bailey and Arthur Bailey v. State of Louisiana, Through the Department of Transportation and Development
- **Court:** Louisiana Court of Appeal
- **Decided:** October 16, 2002
- **Citations:** 841 So. 2d 808; 2002 WL 31399047
- **Precedential status:** Published
- **Opinion:** Dissent by McKay
- **Judges:** Armstrong, Bagneris, Bbyrnes, Byrnes, III, Jones, Kirby, Love, McKay, Murray, Plotkin, Tobias, Waltzer
- **Cited by:** 12 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/7758090

## How later opinions describe it (automated extraction)

- observing that “there are three ways that a final judgment may be challenged: (1) timely application for a new trial, (2) petition for nullity, and (3) timely appeal”

## Opinion text

1MCKAY, J.,
Dissents.
I respectfully dissent from the majority opinion in this case. 1 With regard to that portion of the majority opinion overturning the trial court judgment in favor of Ms. Hernandez, I dissent for the reasons assigned by Chief Judge Byrnes.
. Although the issue regarding the reduction of the general damage awards to Jude and Arthur Bailey were not technically before our Court for en banc consideration, their counsel was allowed to argue. Therefore, I feel compelled to address this issue. While, I do not necessarily believe that the original panel was wrong to reduce their awards. I would not have reduced to that great an extent.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7758090. Public record. Not legal advice.