Legal Opinion · Dissent

Sierra v. American Alternative Insurance Corp.

Louisiana Court of Appeal

Decided June 18, 2014No. 2013 CA 1808Published

1Dissent

HIGGINBOTHAM, J„

dissenting.

hi respectfully dissent from the majority in part, because the jurisprudence does not support an award for mental anguish to the children under these facts. In order to recover for mental anguish, it must be proven that the children suffered more than minimal worry and inconvenience over the consequences of their parents’ damaged home. See Robertson v. Geophy*1131sical Service, Inc., 469 So.2d 22, 24 (La.App. 1st Cir.1985). Simply stated, the mental anguish that gives rise to a claim for damages must be real mental injury. Id. See also Heard v. Affordable Movers, Inc.,…

2Cases cited2 opinions

  1. Robertson v. Geophysical Service, Inc.Louisiana Court of Appeal · 1985
  2. Heard v. Affordable Movers, Inc.Louisiana Court of Appeal · 2005

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