Oliveira v. Crowther, 96 So. 2d 96

TATE, Judge.

The facts and legal issues are discussed in the companion case, Guidry v. Growther, La.App., 96 So.2d 71, rendered this date. For the reasons stated therein, the District Court correctly held appellant liable.

Appellants alternatively urge that the damages awarded were excessive.

The District Court awarded $700 for personal injuries, plus $42 of proven medical expenses, for “a complete fracture of the left 7th rib” from which young Olivei-ra suffered “a month and a half or two months, according to his testimony”. He stayed in bed two weeks at home as a result of the painful fracture.

The award is not manifestly excessive. See Rhymes v. Guidry, La.App. 1 Cir., 84 So.2d 634.

The judgment appealed from is affirmed.

Affirmed.

ELLIS, J., dissents.

Rehearing denied; ELLIS, J., dissenting.

Case Details

Case Name: Oliveira v. Crowther

Court Name: Louisiana Court of Appeal

Date Published: Jun 4, 1957

Citations: 96 So. 2d 96; 1957 La. App. LEXIS 703; No. 4420

Docket Number: No. 4420

Court Abbreviation: La. Ct. App.