Narrative Opinion Summary
A rehearing was granted to reevaluate issues regarding survival damages under La.Civ. Code art. 2315.1 and LeJeune damages under La.Civ. Code art. 2315.6. The Court determined that survival damages of $50,000 are appropriate, along with LeJeune damages of $25,000 for each parent, resulting in a total additional award of $100,000. Relevant case law supporting these decisions includes Dent v. Perkins and Dunn v. Gentry. Judge Knoll concurs with the decision and provides written reasons, while Judge Thibodeaux also concurs, referencing Judge Knoll's opinion.
Legal Issues Addressed
Judicial Concurrencesubscribe to see similar legal issues
Application: Judge Knoll and Judge Thibodeaux both concurred with the decision, with Judge Knoll providing written reasons and Judge Thibodeaux referencing Judge Knoll's opinion.
Reasoning: Judge Knoll concurs with the decision and provides written reasons, while Judge Thibodeaux also concurs, referencing Judge Knoll's opinion.
LeJeune Damages under La.Civ. Code art. 2315.6subscribe to see similar legal issues
Application: LeJeune damages were awarded in the amount of $25,000 for each parent, recognizing the emotional distress suffered.
Reasoning: ...along with LeJeune damages of $25,000 for each parent...
Supporting Case Law for Damagessubscribe to see similar legal issues
Application: The Court referenced previous decisions in Dent v. Perkins and Dunn v. Gentry to support the awards for survival and LeJeune damages.
Reasoning: Relevant case law supporting these decisions includes Dent v. Perkins and Dunn v. Gentry.
Survival Damages under La.Civ. Code art. 2315.1subscribe to see similar legal issues
Application: The court awarded $50,000 in survival damages, determining it as appropriate under the circumstances of the case.
Reasoning: The Court determined that survival damages of $50,000 are appropriate...