Isaac v. Remington College , 13 La.App. 3 Cir. 178 ( 2013 )


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  • GENOVESE, J.,

    dissents and assigns the following reasons.

    hThe majority finds no abuse of discretion by the trial court in its award of general damages in this case. I disagree.

    The trial court stated the following in making its award for Ms. Isaac’s pain and suffering:

    So, basically, what I’m saying is, at best, we’re looking at maybe a couple of months of aggravation of a pre-existing condition. I cannot exclude the fact that she may have been injured.
    I’ll make an award of fifteen hundred dollars ($1500) pain and suffering for the aggravation of the pre-existing condition.

    In my view, “a couple of months” aggravation of pre-existing injuries to plaintiffs knees and low back not only warrants but substantiates a general damage award for pain and suffering in excess of $1,500.00. I find such an award to be an abuse of discretion and- would increase the award threefold.

Document Info

Docket Number: No. 13-178

Citation Numbers: 114 So. 3d 636, 13 La.App. 3 Cir. 178, 2013 La. App. LEXIS 1135, 2013 WL 2420778

Judges: Amy, Conery, Genovese, Gremillion, Saunders

Filed Date: 6/5/2013

Precedential Status: Precedential

Modified Date: 10/19/2024