Legal Opinion

Berry v. Auto-Owners Insurance

Court of Appeals for the Fifth Circuit

Decided December 10, 2015No. 15-30483UnpublishedCited by 4 opinions

1Opinion of the Court

STEPHEN A. HIGGINSON, Circuit Judge: *

Marcus Berry was injured in a car accident in February 2012 and has required medical treatment for chronic back pain ever since. Defendants—an insurance company and the driver that caused the accident—appeal a sizable jury award that has already been reduced by the district court. They argue that the district court abused its discretion by failing to order a new trial or remittitur on future medical damages, and by only reducing the jury’s award of general damages from $900,000 to $400,000. Finding no reversible error, we affirm.

I. Background

On February…

2Cases cited10 opinions

  1. Gasperini v. Center for Humanities, Inc.Supreme Court of the United States · 1996
  2. Wainwright v. FontenotSupreme Court of Louisiana · 2000
  3. Duncan v. Kansas City Southern Railway Co.Supreme Court of Louisiana · 2000
  4. Guillory v. LeeSupreme Court of Louisiana · 2009
  5. Theriot v. Allstate Ins. Co.Supreme Court of Louisiana · 1993

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3Cited by4 opinions

  1. Delaughter v. WoodallDistrict Court, S.D. Mississippi · 2022
  2. Ikerd v. Berkshire Hathaway Homestate Insurance CompanyDistrict Court, E.D. Louisiana · 2023
  3. Mullaney v. The Travelers Indemnity CompanyDistrict Court, D. Nevada · 2025
  4. Rolfe v. Ace American Insurance CoDistrict Court, W.D. Louisiana · 2023

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