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Hicks v. State

12/7/2001

and Development, 28,369 (La. App. 2 Cir. 5/8/96), 674 So.2d 1063.


Loss of Services Award to Mrs. Hicks


The testimony showed Mr. Hicks to be a hard-working and resourceful person, who did most of his own house and property maintenance. An award for loss of future services is unsusceptible of exact computation, but we find that the award of $75,000 for loss of services is not an abuse of the trial court's discretion, and it is affirmed.


General Damages Award to Mrs. Hicks


Based upon the evidence in the record, we further conclude that the general damage award to Mrs. Hicks for her injuries in the accident is within the great discretion of the trial court and is affirmed.


CONCLUSION


For the foregoing reasons, the judgment of the trial court, as amended, is affirmed. All costs in this cause are assessed to the State of Louisiana, Department of Transportation and Development, to the extent allowed by law.


AMENDED AND AFFIRMED AS AMENDED.


KOSTELKA, J., dissenting


I must respectfully dissent. While the trial court may not have been manifestly erroneous in assessing appellants with 100 percent fault or in granting those damages affirmed by the majority herein, the awards for "pre-impact fear" have no support in the record and should not have been allowed. Moreover, this novel category of damage is necessarily subsumed by the very liberal general damage award.






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