Smith v. Taylor

343 So. 2d 313
Louisiana Court of Appeal·Decided February 14, 1977·No. No. 13129·Published·Cited by 2 cases

Opinion

BOLIN, Judge.

James L. Smith was killed instantly in an automobile accident on his 38th birthday, leaving his wife, Joy, to whom he had been married 19 years, and a 14-year-old adopted [314]*314son, Raymond. The widow, individually and on behalf of her son, brought a wrongful death action against Jones Truck Lines and its insurer. Liability and insurance coverage in excess of the demands were conceded and the case was tried solely on the issue of quantum. For written reasons the trial court rendered judgment in the following amounts:

Plaintiff appeals seeking an increase in the award and defendant answers the appeal seeking a decrease. We amend the judgment to increase the award to the widow, individually and on behalf of her son, from $40,000 to $60,000 for loss of future support.

The only issue is whether or not the trial judge in fixing the amount of the awards abused the much discretion vested in him under Louisiana Civil Code Article 1934(3).

In his written reasons the trial judge said of the Smith family:

“Without doubt theirs was a close and enduring relationship and they were partners in all aspects of life, both working diligently toward family goals. .
While there appears nothing superior or extravagantly remarkable about their lives, the very simplicity and normalcy of it speaks eloquently of the trauma which plaintiff and her son have Suffered in their loss.”

These observations of the trial judge are amply supported by the record.

It is difficult for a trial court to place a monetary value upon the loss of love and affection which results when a member of a close knit family dies. It is even more difficult for an appellate court to determine if the trier of facts abused his much discretion in fixing the amount of the award. Beginning with the landmark case of Gaspard v. LeMaire, 245 La. 239, 158 So.2d 149 (1963) and continuing to the latest case of Coco v. Winston Industries, Inc., 341 So.2d 332 (La.1976), our Supreme Court has attempted to clarify what constitutes an abuse of much discretion.

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Smith v. Taylor, 343 So. 2d 313 (La. Ct. App. 1977).

343 So. 2d 313 (Smith v. Taylor) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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