Badgett v. Keith

3 Citing cases

  1. Adams v. Johns-Manville Sales Corp.

    783 F.2d 589 (5th Cir. 1986)   Cited 23 times
    Rejecting plaintiff's claim for mental distress damages under Louisiana law because he failed to establish that he sustained an injury from his exposure to asbestos products

    Adams contends that Louisiana law does not require a physical injury as a predicate for recovering for mental anguish. He refers us to Chappetta v. Bowman Transportation, Inc., 415 So.2d 1019 (La.App. 1982); Badgett v. Keith, 415 So.2d 337 (La.App. 1982); Carroll v. State Farm Ins. Co., 427 So.2d 24 (La.App. 1983); Johnson v. Best Manufacturing Co., 263 So.2d 436 (La.App. 1972); and Collins v. Lefort, 210 So.2d 895 (La.App. 1968). This contention is incorrect.

  2. Lennard v. State Farm Mut.

    649 So. 2d 1114 (La. Ct. App. 1995)   Cited 27 times
    Reversing jury finding against unidentified signaling driver where there was "no evidence in the record indicating the phantom had actually checked for traffic or intended to communicate to [the waved driver] that it was safe to cross the highway"

    Recovery may be had for mental anguish, pain and distress even though it is unaccompanied by physical injury. See Badgett v. Keith, 415 So.2d 337 (La.App. 2d Cir. 1982). Said another way, claims for mental anguish or fright are separate and independent from any claims for physical pain and suffering.

  3. Sierra v. Schwegmann Supermarkets

    487 So. 2d 151 (La. Ct. App. 1986)   Cited 1 times

    Although a court may award damages for mental anguish, pain and distress without an award for physical injuries, it is apparent in this case that the jury simply combined these two items of damages, (i.e., items "A" and "B" of the jury interrogatories) into one lump sum award. See: Badgett v. Keith, 415 So.2d 337 (La.App., 2nd Cir., 1982). Since this record presents evidence of both physical injuries and mental anguish, this award, for both items of damages, is proper.