Landry v. Schwegmann

From my review of this record, I have concluded that the trial judge abused his discretion in awarding plaintiff $85,000 for general damages. As can be seen from the excerpts from the trial judge’s reasons quoted by the majority this award was for mental and physical pain and suffering and lost wages. Physical injuries were relatively minor so that the question is whether the plaintiff proved that he suffered mental injury and loss of wages as a result of the tort committed on him by Schwegmann’s employees so as to support the award.

As to plaintiff’s mental condition, the trial judge…