Plaisance v. Lloyd

I respectfully dissent.

The well articulated reasons of the lead opinion in this case support the claim that the $73,000.00 general damage award is excessive. The constitutional authority of this court for review of law and fact mandates a reduction in quantum where the judge or jury abuses its discretion when granting an excessive award. My evaluation of the medical and lay evidence, considered in its most favorable light, clearly does not support a $73,000.00 general damage award, which absent any showing of loss of earnings, constitutes a clear abuse of the trial court’s discretion. See…