Legal Opinion · Dissent

Rachal v. Brouillette

Louisiana Court of Appeal

Decided March 13, 2013No. 12-794Published

1DissentConery, J.

^PROCEDURAL POSTURE

Sitting en banc, the majority voted to uphold a Jury Verdict Form that separated general damages into three parts and affirmed a record general damage award of $2,500.000.00 on behalf of a then ten-year-old boy for the wrongful death of his mother. Two members of the court dissented in part and concurred in part, finding the jury verdict form was improper, but the error did not lead to an excessive verdict. The majority and concurring opinions affirmed the jury’s award for loss of support as well as the jury’s decision to award punitive damages but voted to increase the…

2Cases cited7 opinions

  1. John Bonura & Co. v. Southern Pacific Co.Louisiana Court of Appeal · 1925
  2. Howard v. Union Carbide Corp.Supreme Court of Louisiana · 2010
  3. Grefer v. Alpha TechnicalLouisiana Court of Appeal · 2007
  4. Brossett v. HowardLouisiana Court of Appeal · 2008
  5. State v. McElveen, 2009-0495 (La. 3/6/09)Supreme Court of Louisiana · 2009

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