Legal Opinion · Concurring in part, dissenting in part

State ex rel. Department of Social Services ex rel. Harden v. Southern Baptist Hospital

Louisiana Court of Appeal

Decided October 12, 1995No. Nos. 94-CA-2228, 94-CA-2229Published

1Concurring in part, dissenting in part

| iWALTZER, Judge,

concurring in part and dissenting in part with reasons.

I agree with the majority’s modification of the award to Robert Harden excluding the award for Mr. Harden’s past and future lost wages and earning capacity, and for Mrs. *453Harden’s lost past and future earning capacity. I agree that Mr. Harden failed to show that the trial judge made a mathematical error in computing his share of the award. I also concur in the rejection of Robert Harden’s claims that the LPCF’s total liability should exceed $400,000 because the limitation applies only to amounts for which the Fund is east…

2Cases cited14 opinions

  1. Coco v. Winston Industries, Inc.Supreme Court of Louisiana · 1977
  2. Youn v. Maritime Overseas Corp.Supreme Court of Louisiana · 1993
  3. Reck v. StevensSupreme Court of Louisiana · 1979
  4. Gaspard v. LeMaireSupreme Court of Louisiana · 1963
  5. Ballard v. National Indemnity Company of Omaha, Neb.Supreme Court of Louisiana · 1964

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