Legal Opinion

Thibodeaux v. Donnell

Supreme Court of Louisiana

Decided October 27, 2017No. 2017-C-0909Published

1Opinion of the Court

ON WRIT OF CERTIORARI TO THE COURT OF APPEAL, FIRST CIRCUIT, PARISH OF TERREBONNE

2Per curiam

hWe grant this writ application to determine whether the court of appeal on remand for de novo review abused its discretion in its award of general damages to the plaintiffs. The facts are thoroughly summarized in Thibodeaux v. Donnell, 16-0570 (La. 1/20/17), 219 So.3d 274. In our prior opinion, this court held that, because the court of appeal found manifest error in the jury’s factual findings, the court of appeal should have performed a de novo review of damages under Mart v. Hill, 505 So.2d 1120 (La. 1987).…

3Cases cited6 opinions

  1. Youn v. Maritime Overseas Corp.Supreme Court of Louisiana · 1993
  2. Mart v. HillSupreme Court of Louisiana · 1987
  3. Bouquet v. Wal-Mart Stores, Inc.Supreme Court of Louisiana · 2008
  4. Seagers v. PailetLouisiana Court of Appeal · 1995
  5. Kimberly and Todd Thibodeaux, Individually and on Behalf of Their Minor Child, Gabrielle Thibodeaux v. James F. Donnell, M.D.Supreme Court of Louisiana · 2017

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