# 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/7768975

## 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:** Concurrence by Cannizzaro
- **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/7768975

## Opinion text

[ t CANNIZZARO, J.,
concurs in part.
I concur in part, in the granting of the appellants’ application for rehearing. Regarding our June 16, 2004 opinion, I agree with our affirming the trial court’s judgment on liability. However, upon reconsideration of the issue of damages, unlike the majority, I would remand the case to the trial court for an expressed categorization of the damages awarded in order to fully address the issue. I believe that where the evidence in the record clearly supports the finding that a lump sum damage award is excessive, as in this case, a remand for the purpose of having the trial court categorize the damages in necessary. Only then can we, the appellate court, give meaningful review to the appellants’ claim that the damages awarded are excessive.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7768975. Public record. Not legal advice.