Legal Opinion · Dissent

Ardoin v. State Farm Mutual Automobile Insurance

Louisiana Court of Appeal

Decided October 30, 1974No. 4674Published

1DissentMiller, Judge

I respectfully submit that the jury determined that plaintiff was unworthy of belief. Their $100 award rejected her extensive complaints of pain and suffering which plaintiff claimed resulted from this accident. The majority has affirmed the jury award, and I agree that it should not be increased.

It is difficult for me to understand how a guest passenger plaintiff can recover when she judicially declares that she was alert and watching the road, that the driver was not speeding and was driving prop*374erly, and that the driver could not have avoided the accident.

Plaintiff was the only witness to…

2Cases cited11 opinions

  1. Hill v. Lundin & Associates, Inc.Supreme Court of Louisiana · 1972
  2. Langlinais v. Geophysical Service, Inc.Supreme Court of Louisiana · 1959
  3. Fontana v. State Farm Mutual Automobile Ins. Co.Louisiana Court of Appeal · 1965
  4. Pitre v. Employers Liability Assurance Corp.Louisiana Court of Appeal · 1970
  5. Hebert v. General Accident Fire & Life Assur. Corp.Louisiana Court of Appeal · 1950

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