Legal Opinion · Concurring in part, dissenting in part

Castro v. Estevez

Louisiana Court of Appeal

Decided September 24, 2014No. 13-CA-993Published

1Concurring in part, dissenting in partWicker, J.

U agree with the majority that the jury’s award of $5,000 in general damages was abusively low. I respectfully dissent from the majority’s decision with respect to the lowest reasonable award of general damages. As discussed in the majority opinion, the record reflects that Mr. Castro sustained a herniated lumbar disc as a result of the accident in question. In Sanchez v. Dubuc, this Court recently found that the lowest reasonable general damage award for a non-surgical herniated disc *435within a jury’s discretion is $50,000. Sanchez v. Dubuc, 12-526 (La.App. 5 Cir. 2/21/13); 110 So.3d 1140,…

2Cases cited3 opinions

  1. Webb v. HortonLouisiana Court of Appeal · 2002
  2. Sanchez v. DubucLouisiana Court of Appeal · 2013
  3. Rehm v. MorganLouisiana Court of Appeal · 2004

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