Legal Opinion · Concurring in part, dissenting in part

Rachal v. Brouillette

Louisiana Court of Appeal

Decided March 13, 2013No. 12-794Published

1Concurring in part, dissenting in part

AMY, J,

concurring in part and dissenting in part.

hi respectfully dissent from the majority opinion’s conclusions regarding the separate listings of general damages elements on the jury verdict sheet. In my opinion, the form erroneously duplicated conceptually similar areas of recovery.

The form at issue in this case inquired, in pertinent part, as follows:

1. What amount, if any, in compensatory damages do you award on behalf of Nicholas Isaac?

a. Past, present and future mental anguish, grief and anxiety due to the wrongful death and loss of his mother.

b. Past, present and future loss of the…

2Cases cited6 opinions

  1. Mathes v. SchwingLouisiana Court of Appeal · 1929
  2. McGee v. AC AND S, INC.Supreme Court of Louisiana · 2006
  3. Finley v. BassLouisiana Court of Appeal · 1985
  4. Willis v. Noble Drilling (US), Inc.Louisiana Court of Appeal · 2012
  5. Lonthier v. Northwest Ins. Co.Louisiana Court of Appeal · 1986

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