Allen v. Liberty Mutual Insurance Co.

I agree with the majority that the jury award of $30,000 must be reduced. There our agreement ends.

The award by the majority herein clearly demonstrates an abuse of judicial discretion in awarding damages for at most no more than a minor injury.

*617The facts of the accident are not in dispute. The vehicle driven by this plaintiff was twice struck in the rear by the same trailing vehicle on the St. Charles Avenue down ramp from the expressway in New Orleans.

The plaintiff, a retiree, immediately subsequent to the accident was taken to a telephone on St. Charles Avenue by the police who investigated…