Dowden ex rel. Dowden v. State ex rel. Department of Highways

Louisiana Court of Appeal

Dowden ex rel. Dowden v. State ex rel. Department of Highways

81 So. 2d 58, 1955 La. App. LEXIS 851

CourtLouisiana Court of Appeal

DecidedMay 18, 1955

DocketNo. 8315

StatusPublished

This text of 81 So. 2d 58 (Dowden ex rel. Dowden v. State ex rel. Department of Highways) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Dowden ex rel. Dowden v. State ex rel. Department of Highways, 81 So. 2d 58, 1955 La. App. LEXIS 851 (La. Ct. App. 1955).

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Opinion

AYERS, Judge.

This is one of the companion case’s- of Dowden v. State of Louisiana, La.App., 81 So.2d 48, and, for the reasons therein assigned, 'defendant should respond in damages for whatever injuries, pain and suffering plaintiff sustained.

This plaintiff, a minor four years of age at the time of the accident, was struck on-the back of the head by a falling jar of oil which had been placed to the back of the seat’’ of the car by his father. The jar broke, cutting a gash on top of the child’s head. No medical attention was sought or given the child immediately following the accident, but “a D.r., Williams was consulted later, but who was deceased at the time of the trial.” The wounds healed in du.e-course with no after-effects other than two small scars near the top o.f the head back of the crown. There was no evidence of unusual pain or suffering at the time of the accident, but, of course, there was suffering and pain at the time and immediately following the accident and during the healing process.

An award of $250 in our opinion amply and adequately compensates for the injuries sustained in this case.

.For the reasons assigned, the judgment appealed is reduced to $250, and, as thus amended, is affirmed.

Plaintiff is taxed with the costs of this appeal.

Amended and affirmed.

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AYERS, Judge.

This is one of the companion case’s- of Dowden v. State of Louisiana, La.App., 81 So.2d 48, and, for the reasons therein assigned, 'defendant should respond in damages for whatever injuries, pain and suffering plaintiff sustained.

This plaintiff, a minor four years of age at the time of the accident, was struck on-the back of the head by a falling jar of oil which had been placed to the back of the seat’’ of the car by his father. The jar broke, cutting a gash on top of the child’s head. No medical attention was sought or given the child immediately following the accident, but “a D.r., Williams was consulted later, but who was deceased at the time of the trial.” The wounds healed in du.e-course with no after-effects other than two small scars near the top o.f the head back of the crown. There was no evidence of unusual pain or suffering at the time of the accident, but, of course, there was suffering and pain at the time and immediately following the accident and during the healing process.

An award of $250 in our opinion amply and adequately compensates for the injuries sustained in this case.

.For the reasons assigned, the judgment appealed is reduced to $250, and, as thus amended, is affirmed.

Plaintiff is taxed with the costs of this appeal.

Amended and affirmed.

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Bluebook (online)

81 So. 2d 58, 1955 La. App. LEXIS 851, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dowden-ex-rel-dowden-v-state-ex-rel-department-of-highways-lactapp-1955.