Arco Oil & Gas Co. v. Deshazer

Like the majority, I conclude that mental damages are recoverable under La. Code Civ.P. art. 3608. However, I write separately to point out that, since La.Civ. Code art. 2315 is the general provision in this state which allows for recovery of damages occasioned by the fault of another, we should look to Article 2315 and interpretive jurisprudence to determine what damages, or categories of damages, are allowable in the present matter. See Moresi v. State, Through Dept. of Wildlife & Fisheries, 567 So.2d 1081 (La.1990).

In writing the majority in Moresi, 567 So.2d 1081, Justice Dennis explained…