# Martin v. Performance Motorwerks, Inc.

> Louisiana Court of Appeal · June 16, 2004 · 2003 La.App. 4 Cir. 1219

URL: https://www.frixlaw.com/law-library/cases/7768974

## Case

- **Full name:** Gladys MARTIN v. PERFORMANCE MOTORWERKS, INC., Charles Healey II d/b/a Performance Motor Car Gallery and ABC Insurance Company
- **Court:** Louisiana Court of Appeal
- **Decided:** June 16, 2004
- **Citations:** 2003 La.App. 4 Cir. 1219; 879 So. 2d 840; 2004 La. App. LEXIS 1646; 2004 WL 1433389
- **Precedential status:** Published
- **Opinion:** On rehearing
- **Judges:** Cannizzaro, Gorbaty, Lombard
- **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/7768974

## Opinion text

hON REHEARING GRANTED
The rehearing is granted with the following comments.
“This Court notes that we do not know how much the trial court awarded in each category of damages. While we agree that there are medicals in evidence that are clearly not related to the accident in question, this Court is unable to determine if the trial court awarded the total medicals presented, or excised those amounts that were unrelated. Likewise, we cannot determine what the trial court awarded for lost earnings, if it awarded anything at all. We are, therefore, not in a position to reduce any one element of damages. This quandary in which we are placed, however, must be addressed by the legislature by changing the rules of civil procedure to prohibit trial court’s from rendering lump sum awards.”
/s/ David S. Gorbaty DAVID S. GORBATY, Judge
/s/ Edwin A. Lombard EDWIN A. LOMBARD, Judge
/s/ Cannizzaro, J., concurs in part LEON A. CANNIZZARO, JR., Judge

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7768974. Public record. Not legal advice.