Opinion

Pennington v. Justiss-Mears Oil Company

  • 242 La. 1
  • 134 So. 2d 53
  • 15 Oil & Gas Rep. 758
  • 1961 La. LEXIS 613
Court
Supreme Court of Louisiana
Filed
Nov 6, 1961
Status
Published
Author
Sanders
On the bench
Hamiter, Hawthorne, McCALEB, Sanders, Summers
Cited by
38 cases
Authority
More cited than 8.1%

The opinion

SANDERS, Justice

(dissenting).

I fully agree that the assessment of damages for loss of support is not an exercise in pure mathematics based upon an inflexible formula. It requires the application of sound judicial discretion to the multitude of circumstances disclosed by the record. Brown v. S. A. Bourg & Sons, Inc. et al., *21 239 La. 473 , 118 So.2d 891 ; McFarland et al. v. Illinois Central Railroad Company, La., 127 So.2d 183 .

In the fixing of damages, much discretion is left to the trial judge or jury. It follows from this that the trial court should not be reversed on the issue of quantum unless there is an abuse of discretion. LSA-C.C. Article 1934; McFarland et al. v. Illinois Central Railroad Company, supra.

The evidence in the instant case shows that the deceased was a young businessman with a life expectancy of 40 years. He had been highly successful in the oil business. His cash income had averaged more than $21,000 per year. At the age of 35, he had already amassed an estate with a gross valuation for federal estate tax purposes of $280,679.48 and with a net valuation of $153,161.08.

After considering the actuarial and other evidence, the trial judge concluded that an award of $150,000 to the widow for loss of support was proper. The court of appeal tested the award by the principles announced by this Court in Brown v. S. A. Bourg & Sons, Inc. et al., supra, and found no abuse of discretion.

I am likewise convinced from a consideration of all of the relevant factors that there has been no abuse of discretion by the trial court. In my opinion, the controlling principle in this case is that if the end result is proper and within the range of sound discretion, the mere reference to a formula by the trial judge does not vitiate the award. Therefore, I respectfully dissent.

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.

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