Theodore Venissat v. St. Paul Fire & Marine Ins. Co.

Opinion

STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT

06-987

THEODORE VENISSAT, ET AL.

VERSUS

ST. PAUL FIRE & MARINE INS. CO., ET AL.

************ APPEAL FROM THE FOURTEENTH JUDICIAL DISTRICT COURT PARISH OF CALCASIEU, NO. 03-5880 HONORABLE R. RICHARD BRYANT, JR., DISTRICT JUDGE

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ON REHEARING

ULYSSES GENE THIBODEAUX CHIEF JUDGE

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Court composed of Ulysses Gene Thibodeaux, Chief Judge, Sylvia R. Cooks, Elizabeth A. Pickett, J. David Painter, and James T. Genovese, Judges.

AFFIRMED AS AMENDED.

Thomas John Gayle Ranier, Gayle & Elliot P. O. Box 1890 Lake Charles, LA 70602-1890 COUNSEL FOR: Plaintiffs/Appellants - Theodore and Vera Venissat

Todd M. Ammons Stockwell, Sievert, Viccellio, Clements & Shaddock P. O. Box 2900 Lake Charles, LA 70602 COUNSEL FOR: Secondary Defendants/Appellants - St. Paul Fire & Marine Ins. Co., Calcasieu Parish Sheriff’s Dept. and Charles Ferguson THIBODEAUX, Chief Judge.

We grant the Application for Rehearing filed on behalf of plaintiffs,

Theodore Venissat and Vera Venissat, for the sole purpose of amending our original

opinion to reflect an award of $5,000 to Vera Venissat for loss of consortium. Thus,

our “Conclusion” embodied in our original opinion is hereby amended and reformed

to read as follows:

“For the foregoing reasons, we amend the jury verdict for past medical expenses, past lost wages, and pain and suffering awarded to Theodore and Vera Venissat to reflect the following damages: past medical expenses, $75,000; past lost wages, $32,000; and, pain and suffering, $60,000. The jury’s awards of $5,000 for loss of enjoyment of life and $10,000 for mental anguish are affirmed. Therefore, the total general damages award to Theodore Venissat is $75,000. We affirm the jury’s award of $5,000 to Vera Venissat for loss of consortium. All other aspects of the judgment are affirmed.

Costs of this appeal are assessed to defendants, St. Paul Fire & Marine Insurance Company, Charles Ferguson, and the Calcasieu Parish Sheriff’s Department.”