Legal Opinion

D'Avy v. Bituminous Casualty Co.

Louisiana Court of Appeal

Decided December 15, 1971No. 3675PublishedCited by 5 opinions

1Opinion of the Court

HOOD, Judge.

Whitney D’Avy, Jr., instituted this suit to recover workmen’s compensation benefits, with penalties and attorney’s fees. The defendant is Bituminous Casualty Company, the compensation insurer of plaintiff’s employer. Judgment was rendered by the trial court in favor of plaintiff, awarding him benefits based on total and permanent disability, plus penalties and attorney’s fees. Defendant has appealed.

The issues are: (1) Did the trial judge abuse his discretion in granting a new trial ? (2) Is plaintiff totally and permanently disabled? (3) Should penalties and attorney’s fees be…

2Cases cited6 opinions

  1. Pittman and Matheny v. DavidgeLouisiana Court of Appeal · 1966
  2. Moulard v. Massman Construction CompanyLouisiana Court of Appeal · 1968
  3. Plaisance v. Collins Industries, Inc.Louisiana Court of Appeal · 1967
  4. Frame v. MajorsLouisiana Court of Appeal · 1969
  5. Barnett v. Barnett Enterprises, Inc.Louisiana Court of Appeal · 1970

1 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Hall v. JoinerLouisiana Court of Appeal · 1975
  2. Oliver v. T & C ContractorsLouisiana Court of Appeal · 1972
  3. Perkins v. Southern Casualty InsuranceLouisiana Court of Appeal · 1972
  4. Simien v. Haas-Hirsch EstateLouisiana Court of Appeal · 1973
  5. Sam v. KendrickLouisiana Court of Appeal · 1975

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