Legal Opinion · Concurrence

Bailey v. Leblanc

Louisiana Court of Appeal

Decided November 12, 2014No. 14-267Published

1ConcurrenceConery, J.

Li concur with the majority’s decision to award damages, but disagree as to the nature, extent, and amount of damages awarded by the majority.

The main questions we have to answer on appeal are:

Was there a reasonable factual basis for the jury to refuse to award any damages for emotional pain and suffering, mental anguish and distress over the possibility of *1014Ms. Bailey'losing her fetus?-No. The record establishes that the jury’s finding on this issue was clearly erroneous.

Was there a reasonable factual basis for the jury to refuse to award reasonable damages for a three-six month neck and back…

2Cases cited7 opinions

  1. Ferry v. Holmes & Barnes, Ltd.Louisiana Court of Appeal · 1929
  2. Hall v. Excelsior Steam Laundry Co.Louisiana Court of Appeal · 1926
  3. Lirette v. State Farm Ins. Co.Supreme Court of Louisiana · 1990
  4. Cole v. Allstate Ins. Co.Louisiana Court of Appeal · 2008
  5. Gagnet v. ZummoLouisiana Court of Appeal · 1986

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