Legal Opinion · Dissent

Bourg v. Cajun Cutters, Inc.

Louisiana Court of Appeal

Decided May 7, 2015No. 2014 CA 0210Published

1DissentMcDONALD, J.

I agree with the majority’s reversal in part of the JNOV as to the assessment of fault; to the reinstatement of the original judgment as it pertains to the assessment of fault; and, to the affirmance as to costs. However, in its review and affirmance of the general damage award, I disagree with the majority’s consideration of evidence that was adduced at trial but which was not part of the appellate record originally transmitted to this court. I also disagree with the amount of the general damage award to Mr. Bourg and think this amount should be raised.

First, I address the content of the…

2Cases cited7 opinions

  1. Southern Development Co. v. GrecoLouisiana Court of Appeal · 1928
  2. American Home Building Co. v. SlateLouisiana Court of Appeal · 1928
  3. Molinari v. Thompson, 2010-0253 (La. 4/9/10)Supreme Court of Louisiana · 2010
  4. Borde v. ErskineSupreme Court of Louisiana · 1877
  5. Hamilton v. Progressive Security Insurance Co.Louisiana Court of Appeal · 2010

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