Peter v. Allstate Ins. Co.

6 Citing cases

  1. Guilbeau v. W.W. Henry Co.

    859 F. Supp. 238 (W.D. La. 1994)

    But, higher consortium awards have been upheld in cases where the evidence suggests that the injuries to the injured spouse are permanent, severely disabling, and have caused a major disruption to the marriage. See Peter v. Allstate Ins. Co., 563 So.2d 1309, 1311 (La.App. 3d Cir. 1990) ("Awards above $25,000 for loss of consortium have generally involved a permanent disruption in the marital relationship created by one spouse's severe, often disabling, injuries."). In Mercer v. Fruehauf Corp., 492 So.2d 538, 544 (La.App. 3d Cir. 1986), a $25,000 consortium award was affirmed where the plaintiffs injuries required his spouse's assistance "in almost every aspect of his daily life" and caused "a significant change in the lifestyle of herself and her children."

  2. Herzog v. Fabacher

    800 So. 2d 997 (La. Ct. App. 2001)   Cited 4 times

    Orgeron v. Prescott, supra; Rutledge v. Tidewater Marine Service, Inc. 597 So.2d 1201, (La.App. 3rd Cir. 1992); Nusloch v. Browning-Ferris Services, Inc. 97-528 (La.App. 5th Cir. 11/25/97),703 So.2d 794, Rubino v. Louisiana Stadium and Exposition Dist., 619 So.2d 738, (La.App. 4th Cir. 1993) .Dennis v. Finish Line, Inc. 99 1413 (La.App. 1st Cir. 12/22/00), 2000 WL 1877796; Peter v. Allstate Ins. Co. 563 So.2d 1309, (La.App. 3rd Cir. 1990); Buffinet v. Plaquemines Parish Com'n Council, 93-0840 (La.App. 4th Cir. 7/27/94), 645 So.2d 631.Richard v. Wal-Mart Stores, Inc. 29,926 (La.App. 2 Cir. 10/31/97),702 So.2d 79; writ denied 97-3002 (La. 1998) 709 So.2d 744; Wimberly v. McCoy Tree Surgery Co. 33,761 La. App. 2 Cir. 8/25/00, 766 So.2d 729.

  3. Kose v. Cable Vision of Shreveport

    755 So. 2d 1039 (La. Ct. App. 2000)   Cited 26 times

    Based upon that review, we find that the highest award that may be made in this case is $275,000.00. See Liner v. Terrebonne Parish Consolidated Government, 612 So.2d 168 (La.App. 1st Cir. 1992), plaintiff was awarded $75,000 in general damages for a broken arm, elbow, and hip; Gage v. Potts, 94 1542 (La.App. 1st Cir. 4/7/95), 653 So.2d 1183, $20,000 in general damages for a knee injury requiring surgery and for back strain; Dawson v. City of Bogalusa, 95 0824 (La.App. 1st Cir. 12/15/95), 669 So.2d 451, $110,000 for 40 percent disability to the plaintiff's right leg; Hurts v. Woodis, 95 2166 (La.App. 1st Cir. 6/28/96), 676 So.2d 1166, $36,500 for back injury and aggravation of a knee injury; Peter v. Allstate Insurance Company, 563 So.2d 1309 (La.App. 3d Cir. 1990), $15,000 for a broken collarbone and fractured toe; Terro v. Casualty Reciprocal Exchange, 93-593 (La.App. 3d Cir. 2/2/94), 631 So.2d 651, writ denied, 94-0522 (La. 4/22/94), 637 So.2d 157, $100,000 to a 33-year-old woman with a broken arm and right ankle, and a punctured lung, who underwent surgery, spent two weeks in the hospital, required physical therapy and used a walker for five months; Davis v. State, Department of Transportation and Development, 94-308 (La.App. 3d Cir. 12/7/94), 647 So.2d 552, writ denied, 95-0034 (La. 1/27/95), 649 So.2d 382, $580,000 to a woman with severe and numerous injuries and with permanent disability who was comatose for three weeks and $150,000 to 12-year-old girl with severe leg, knee and hand injuries, who was unable to attend school for the year following the accident; Roger v. Cancienne, 538 So.2d 670 (La.App. 4th Cir. 1989), writ denied, 542 So.2d 1382 (La. 1989), $125,000 for an elbow injury to a 12-year-old child; Stark v. National Tea Company

  4. Vicknair v. Dimitryadis

    640 So. 2d 275 (La. Ct. App. 1994)   Cited 4 times

    Usually a loss of consortium award above $25,000 involves a permanent disruption of the marital relationship created by one spouse's severe, often disabling, injuries. Peter v. Allstate Ins. Co., 563 So.2d 1309 (La.App. 3rd Cir. 1990). A $25,000 consortium award was affirmed where a spouse's deteriorating back condition caused a fear of paralysis and a disruption of family life. Mercer v. Fruehauf Corporation, 492 So.2d 538 (La.App. 3rd Cir. 1986), writ denied, 496 So.2d 350 (La. 1986).

  5. Lougon v. Era Aviation, Inc.

    609 So. 2d 330 (La. Ct. App. 1992)   Cited 15 times
    In Lougon v. Era Aviation, Inc., 609 So.2d 330, 344 (La. App. 3 Cir. 1992), the court found no error in the admission of photographs of the plaintiff in an operating room which depicted facial lacerations sustained in an accident, as well as photographs of the entry wounds from an arthroscopic surgery, nor others of facial lacerations.

    They no longer go to ball games because Mr. Saunier can no longer participate in them. In Peter v. Allstate Ins. Co., 563 So.2d 1309, 1311 (La.App. 3d Cir. 1990), we stated: "[a]wards above $25,000.00 for loss of consortium have generally involved a permanent disruption in the marital relationship created by one spouse's severe, often disabling, injuries.

  6. Johnson v. Aetna Cas. Sur. Co.

    575 So. 2d 458 (La. Ct. App. 1991)   Cited 4 times

    The highest award approved on appeal which we have found was in Tracy v. JeffersonParish, supra, which was for $75,000. We mentioned awards of $50,000 and $25,000 in our recent case of Peter v. Allstate Ins. Co., 563 So.2d 1309 (La.App. 3d Cir. 1990), in which we awarded $10,000. We approved a jury award of $25,000 in Mercer v. Fruehauf Corp., 492 So.2d 538 (La.App. 3d Cir.), writ denied, 496 So.2d 350 (La. 1986).