Ardoin v. McComb

FRUGÉ, Judge

(dissenting).

I do not agree with my brethren in their conclusion that the trial court committed manifest error in making the award in this case. I cannot find, as has the majority, that the facts and circumstances of this case nor the cases in this area indicate any clear abuse of the “much discretion” of the trial court. Perhaps too much concern is being given to keeping damages for this type of injury in alignment with other cases and by doing so ignore the “much discretion” vested in the trial court. Similar cases can be found which gave awards similar to that given by the…