Kimberly and Todd Thibodeaux, Individually and on Behalf of Their Minor Child, Gabrielle Thibodeaux v. James F. Donnell, M.D.

hi respectfully dissent from the majority’s finding that the court of appeal erred in its review and award of general damages to Mrs. Thibodeaux. I find the majority opinion creates confusion by failing to apply the clear principles set forth by this court in Wainwright v. Fontenot, 00-0492 (La. 10/17/00), 774 So.2d 70 and Green v. K-Mart Corp., 03-2495 (La. 5/25/04), 874 So.2d 838, wherein this court has directly addressed the proper standard of review for assessment of damages in cases such as this one.

In Wainwright, this court explained that when faced with a verdict in which a jury…