Opinion
No. 81-C-2110.
October 9, 1981.
In re Janet Austin, applying for writ of certiorari or review, to the Court of Appeal, Third Circuit. Caldwell Parish.
Denied.
DENNIS, J., would grant. The Court of Appeal's reliance upon the jury's verdict as reason to deny the plaintiff damages for aggravation of pre-existing injury is erroneous. The jury found generally that the defendant's negligence was not the cause in fact of any of plaintiff's injuries. This did not represent a finding upon the specific issue of whether the aggravation was caused by the accident.
CALOGERO and LEMMON, JJ., would grant.