Nelson v. Ruston Longleaf

5 Citing cases

  1. Causer v. ARD

    CIVIL ACTION 18-779-SDD-RLB (M.D. La. Aug. 15, 2019)   Cited 3 times

    Rec. Doc. No. 1, p. 8. Nelson v. Ruston Longleaf Nurse Care Center, Inc., 32,718 (La. App. 2 Cir. 2/1/00), 751 So.2d 436, 438. 3. Loss of Consortium

  2. Malbrough v. City of Rayne

    CIVIL ACTION 10-107-SDD-CBW (W.D. La. Mar. 11, 2019)   Cited 4 times

    Jenkins, 986 So.2d at 252-53 (citing Lejeune, supra; Norred v. Radisson Hotel Corporation, 950748 (La.App. 1st Cir.12/15/95), 665 So.2d 753). Nelson v. Ruston Longleaf Nurse Care Center, Inc., 32,718 (La. App. 2 Cir. 2/1/00), 751 So.2d 436, 438. Although Plaintiff has not argued or addressed these elements, there is sufficient evidence in the record satisfying the first three elements listed above.

  3. Jenkins v. Willis

    986 So. 2d 247 (La. Ct. App. 2008)   Cited 14 times

    La.C.C. art. 2315.6 provides for recovery of damages for a relative, who either viewed an event causing injury to another person or came upon the scene of the event soon thereafter, as a result of their own suffering "as a result of the other person's injury." In Nelson v. Ruston Longleaf Nurse Care Center, Inc., 32,718 (La.App.2d Cir. 2/1/00), 751 So.2d 436, writ denied, 2000-0660 (La.4/28/00), 760 So.2d 1175, this court reversed the awarding of Lejeune damages. The plaintiff's elderly and very ill mother suffered from pressure sores, most notably on her right heel, while in the Longleaf nursing home.

  4. Held v. Aubert

    845 So. 2d 625 (La. Ct. App. 2003)   Cited 31 times
    In Held, the trial court signed a written judgment in accordance with a jury verdict in favor of the plaintiffs, and against the defendant, on December 28, 2001.

    1 Cir. 12/28/99), 763 So.2d 659, writ denied, 2000-0780 (La. 4/28/00), 760 So.2d 1182 (daughter was not entitled to Lejeune damages for mental anguish she suffered when she realized that her mother had been injured while attempting to exit a defective vehicle in a panic); Magee v. Pittman, 98-1164 (La.App. 1 Cir. 5/12/00), 761 So.2d 731, writ denied, 2000-1684 (La. 9/22/00), 768 So.2d 602 (wife who witnessed husband die of a heart attack was not entitled to Lejeune damages); Nelson v. Ruston Longleaf Nurse Care Center, Inc., 32,718 (La.App. 2 Cir. 2/1/00), 751 So.2d 436, writ denied, 2000-0660 (La. 4/28/00), 760 So.2d 1175 (daughter of nursing home resident did not suffer severe or debilitating mental anguish when she watched nurse unwrap her mother's foot and saw hole in the back of her mother's heel, and thus daughter was not entitled to Lejeune damages); Declouet v. Orleans Parish School Board, 96-2805 (La.App. 4 Cir. 6/3/98), 715 So.2d 69, writs denied, 98-2051 (La. 11/13/98), 730 So.2d 450, 98-2054 (La. 11/13/98), 730 So.2d 451, 98-2058 (La. 11/13/98), 730 So.2d 935, 98-2079 (La. 11/13/98), 730 So.2d 936 (appellate court reversed award of Lejeune damages where plaintiff experienced only aches, insomnia, bad dreams, and depression); Jones v. Hawkins, 29,914 (La.App. 2 Cir. 1/21/98), 708 So.2d 749, writs granted, 98-1288, 98-1259 (La. 9/4/98), 723 So.2d 425, 959, amended in part, reversed in part, 98-1259, 98-1288 (La. 3/19/99), 731 So.2d 216 (father failed to establish that coming to scene moments after six-year-old son was struck by automobile

  5. Craighead v. Preferred Risk

    769 So. 2d 112 (La. Ct. App. 2000)   Cited 14 times
    In Craighead v. Preferred Risk Mut. Ins. Co., 33,731 (La.App. 2 Cir. 8/25/00), 769 So.2d 112, writ denied, 00-2946 (La. 12/15/00), 777 So.2d 1230, the mother and brother of a young girl struck and killed as she was exiting a school bus were each awarded Lejeune damages for witnessing the event.

    For a family member to recover for mental anguish or emotional distress, the injured person must suffer such harm that one can reasonably expect a person in the claimant's position to suffer serious mental anguish or emotional distress from the experience, and the claimant's mental anguish or emotional distress must be severe, debilitating, and foreseeable. In Nelson v. Ruston Longleaf Nurse Care Center, Inc., 32,718 (La.App. 2d Cir. 2/01/00), 751 So.2d 436, writ denied, 2000-0660 (La. 4/28/00), 760 So.2d 1175, this court noted that La.C.C. art. 2315.6 codified the standards set out in LeJeune v. Rayne Branch Hospital, 556 So.2d 559, 570 (La. 1990) which provided guidelines for those damages: (1) The claimant need not be physically injured or in the zone of danger but must view or come upon the accident soon and before substantial change has occurred in a the victim's condition; (2) The harm must be such that a person in plaintiff's position would reasonably suffer serious metal anguish; (3) The emotional distress must be serious and reasonably foreseeable. Severe emotional distress may be found when a reasonable person would be unable to cope adequately with the mental distress engendered; and (4) There is a direct relationship between the victim and the claimant.