Opinion

Brown v. City of Madisonville

  • 2007 La.App. 1 Cir. 2104
  • 5 So. 3d 874
  • 2008 La. App. LEXIS 1547
  • 2008 WL 4975950
Court
Louisiana Court of Appeal
Filed
Nov 24, 2008
Status
Published
Author
Hughes
On the bench
Dawning, Downing, Guidry, Hughes, Kuhn, Whipple
Cited by
14 cases

“Where there is no basis for a precise mathematical calculation of a past lost wage claim, the trier of fact can award a reasonable amount of damages without abusing [its] discretion.”

How later courts described this case

  • “Where there is no basis for a precise mathematical calculation of a past lost wage claim, the trier of fact can award a reasonable amount of damages without abusing [its] discretion.”

Written by the judges who cited it.

The opinion

HUGHES, J.,

dissenting in part.

hi respectfully disagree with the reallocation of fault. We have upped the state’s liability from 39% to 100%. The pictures show that it would be hard not to see that this large, low hanging limb presented a problem. I believe the truck driver was also at fault for not at least slowing down and proceeding more cautiously.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.