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Hardy v. State Through Dept. of Highways

Supreme Court of Louisiana
May 7, 1982
414 So. 2d 305 (La. 1982)

Opinion

No. 82-C-0934.

May 7, 1982.

In re State of Louisiana, Department of Transportation and Development, Applying for Certiorari, or Writ of Review, to the Court of Appeal, Third Circuit, No. 8662, Natchitoches Parish.


Denied.

MARCUS, J., would grant the writ.

BLANCHE, J., would grant the writ and assigns reasons.


I respectfully dissent. The awards for future medical and future loss of wages are, in this writer's opinion, an abuse of discretion. The principal sums awarded, if modestly and prudently invested, would yield annually two to four times either the annual earnings of plaintiff, or the projected annual medical expenses.

In this writer's opinion, the guideline based on a return of earnings clearly indicates that the calculations of plaintiff's expert witness, which were relied upon by the court, were unrealistic.


Summaries of

Hardy v. State Through Dept. of Highways

Supreme Court of Louisiana
May 7, 1982
414 So. 2d 305 (La. 1982)
Case details for

Hardy v. State Through Dept. of Highways

Case Details

Full title:DEBORAH KAYE HARDY, ET AL. v. STATE OF LOUISIANA, THROUGH DEPARTMENT OF…

Court:Supreme Court of Louisiana

Date published: May 7, 1982

Citations

414 So. 2d 305 (La. 1982)

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