Henry Pete v. Boland Marine and Manufacturing Company, LLC

Louisiana Court of Appeal

Henry Pete v. Boland Marine and Manufacturing Company, LLC

Louisiana Court of Appeal·Decided January 5, 2023·No. 2021-CA-0626·Published

Opinion

HENRY PETE * NO. 2021-CA-0626 VERSUS * COURT OF APPEAL

BOLAND MARINE AND * FOURTH CIRCUIT MANUFACTURING COMPANY, LLC, ET AL * STATE OF LOUISIANA

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DLD DYSART, J., DISSENTS

In this matter, Mr. Pete was awarded a total of $10,351,020.00 in combined special and general damages. This amount shocks the conscience and in my opinion is an abuse of discretion. See Romano v. Metropolitan Life Ins. Co., 16- 0954 (La. App. 4 Cir. 5/24/17), 221 So.3d 176; see also Zimko v. American Cyanimid, 03-0658 (La. App. 4 Cir. 6/8/05), 905 So.2d 465. Recent awards for the particular type of damages suffered by plaintiffs in cases similar to the instant case would suggest that a general damage award should be somewhere in the neighborhood of half of what was awarded to Mr. Pete. See Lege v. Union Carbide Corp., 20-0252 (La. App. 4 Cir. 5/12/21), 2021 WL 1917784; Terrance v. Dow Chemical Co., 06-2234 (La. App. 1 Cir. 9/14/07), 971 So.2d 1058. Accordingly, I would reduce the damages awarded to Mr. Pete by one-half.

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HENRY PETE * NO. 2021-CA-0626 VERSUS * COURT OF APPEAL

BOLAND MARINE AND * FOURTH CIRCUIT MANUFACTURING COMPANY, LLC, ET AL * STATE OF LOUISIANA

*

*******

DLD DYSART, J., DISSENTS

In this matter, Mr. Pete was awarded a total of $10,351,020.00 in combined special and general damages. This amount shocks the conscience and in my opinion is an abuse of discretion. See Romano v. Metropolitan Life Ins. Co., 16- 0954 (La. App. 4 Cir. 5/24/17), 221 So.3d 176; see also Zimko v. American Cyanimid, 03-0658 (La. App. 4 Cir. 6/8/05), 905 So.2d 465. Recent awards for the particular type of damages suffered by plaintiffs in cases similar to the instant case would suggest that a general damage award should be somewhere in the neighborhood of half of what was awarded to Mr. Pete. See Lege v. Union Carbide Corp., 20-0252 (La. App. 4 Cir. 5/12/21), 2021 WL 1917784; Terrance v. Dow Chemical Co., 06-2234 (La. App. 1 Cir. 9/14/07), 971 So.2d 1058. Accordingly, I would reduce the damages awarded to Mr. Pete by one-half.

Henry Pete v. Boland Marine and Manufacturing Company, LLC, (La. Ct. App. 2023).

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