Legal Opinion · Dissent

Rodriguez v. Underwood Glass Co.

Louisiana Court of Appeal

Decided February 5, 1962No. 1Published

1DissentSamuel, J.

It is well settled that in compensation cases involving a medical question the court will consider the testimony of lay witnesses only where the medical testimony is evenly balanced or in substantial conflict. Davis v. Clyburn, La.App., 109 So.2d 126; McElroy v. Kennedy, La.App., 84 So.2d 256; Ramsey v. Murphy, La.App., 77 So.2d 62.

Applying this principle to the instant case convinces me that the judgment of the trial court is correct. I am in agreement with the majority in finding that the basis of plaintiff’s suit, traumatic neurosis, has not been proven, especially in view of the holding…

2Cases cited4 opinions

  1. Etienne v. Algernon Blair, Inc.Louisiana Court of Appeal · 1958
  2. Davis v. ClyburnLouisiana Court of Appeal · 1959
  3. McElroy v. KennedyLouisiana Court of Appeal · 1955
  4. Ramsey v. MurphyLouisiana Court of Appeal · 1955

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