Hardy v. State ex rel. Department of Highways

414 So. 2d 305 | La. | 1982

Lead Opinion

In re State of Louisiana, Department of Transportation and Development, Applying for Certiorari, or Writ of Review, to the Court of Appeal, Third Circuit, No. 8662, ■Natchitoches Parish; 412 So.2d 208.

Denied.

MARCUS, J., would grant the writ. BLANCHE, J., would grant the writ and assigns reasons.

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Dissenting Opinion

BLANCHE, Justice

(dissenting from denial of the writ application in behalf of defendants).

I respectfully dissent. The awards for future medical and future loss of wages are, in this writer’s opinion, an abuse of discretion. The principal sums awarded, if modestly and prudently invested, would yield annually two to four times either the annual earnings of plaintiff, or the projected annual medical expenses.

In this writer’s opinion, the guideline based on a return of earnings clearly indicates that the calculations of plaintiff’s expert witness, which were relied upon by the court, were unrealistic.