451 So. 2d 568 | La. Ct. App. | 1983
Rehearing
This case came up for rehearing on the issue of quantum. Previously, this court awarded $25,000.00 to each parent for the wrongful death of their two-year old son.
Re-examination of the specific facts and circumstances surrounding the death of this minor lead us to believe that the original award was too low, particularly in light of recent jurisprudence. Therefore, in order to have our award congruous therewith, we modify our previous award and hereby grant an award of $50,000.00 each in favor of Lloyd Guillot and Karen Sellers Guillot.
Accordingly, judgment is hereby rendered in favor of Lloyd Guillot in the sum of Fifty thousand and no/100 ($50,000.00) Dollars and Karen Sellers Guillot in the sum of Fifty thousand and no/100 ($50,-000.00) Dollars, and against defendant, Fisherman’s Paradise, Inc.,
JUDGMENT SO RENDERED.
. Service was never obtained on Gerald Strickland and, therefore, he is not a proper party defendant in this suit. Similarly, Gilbert Dozier is no longer a proper party defendant in this suit. With respect to Gilbert Dozier, the trial court granted a judgment of dismissal in his favor pursuant to C.C.P. art. 1810 and this judgment has not been appealed. On October 7, 1975, Fisherman's Paradise, Inc. purchased all the outstanding stock and assets of Flying Bridge Marina, Inc. and assumed responsibility for all debts. Accordingly, Fisherman’s Paradise, Inc. is the sole remaining defendant herein.
Lead Opinion
This case is on remand from our Supreme Court, 437 So.2d 840, to fix damages in favor of the plaintiffs, Mr. and Mrs. Guillot, for the wrongful death of their two-year-old son.
The record contains little evidence indicating the nature of the relationship between plaintiffs and their son. Accordingly, we assume their relationship to have been the normal relationship between parents and their two-year-old child. Based on this assumption, we find that an award of $25,000 per parent is appropriate. Meaux v. Wiley, 325 So.2d 655 (La.App. 3rd Cir. 1975); Clifford v. Recreation and Park Commission of East Baton Rouge, 289 So.2d 373 (La.App. 1st Cir.1973), writ denied, 293 So.2d 168 (La.1974); Tatum v. Parish of East Baton Rouge, 244 So.2d 913 (La.App. 1st Cir.1971), writ refused, 258 La. 364, 246 So.2d 683 (La.1971).
Accordingly, we award $25,000 each, in favor of Lloyd Guillot and Karen Sellers Guillot, and against defendant, Fisherman’s Paradise, Inc.,
JUDGMENT RENDERED.
. Service was never obtained on Gerald Strickland and, therefore, he is not a proper party defendant in this suit. Similarly, Gilbert Dozier is no longer a proper party defendant in this suit. With respect to Gilbert Dozier, the trial court granted a judgment of dismissal in his favor pursuant to C.C.P. art. 1810 and this judgment has not been appealed. On October 7, 1975, Fisherman's Paradise, Inc. purchased all the outstanding stock and assets of Flying Bridge Marina, Inc. and assumed responsibility for all debts. Accordingly, Fisherman's Paradise, Inc. is the sole remaining defendant herein.
