Legal Opinion · Concurring in part, dissenting in part
Wendel v. Travelers Insurance Co.
Louisiana Court of Appeal
Decided October 8, 2014No. 2014-CA-0002Published
1Concurring in part, dissenting in partDysart, J.
|,While I agree that the loss of consortium awards and the general damages award are appropriate, the record does not substantiate the past lost wages or future loss of earning capacity. It is the plaintiffs burden “of proving the time missed *838from work as a result of the injury.” Rathey v. Priority EMS, Inc., 04-0199, p. 51 (La.App. 4 Cir. 1/12/05), 894 So.2d 438, 471. “Past lost wages are susceptible of mathematical calculation, and the award is not subject to the much discretion standard.” Id. (Citation omitted.). Likewise, while “[fjuture lost wages awards are ‘inherently speculative and…
2Cases cited3 opinions
- Rathey v. Priority EMS, Inc.Louisiana Court of Appeal · 2005
- Burgard v. Allstate Ins. Co.Louisiana Court of Appeal · 2005
- McGraw v. Orleans Parish School Bd.Louisiana Court of Appeal · 1988