 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Williams v. City Baton Rouge4/30/1998
oceeding brought against the state of Louisiana, a parish, or municipality or other political subdivision or an agency of any of them, for compensation for the taking of property by the defendant, other than an expropriation proceeding, shall determine and award to the plaintiff, as a part of the costs of court, such sum as will, in the opinion of the court, compensate for reasonable attorney fees actually incurred because of such proceeding. (Emphasis added.)
We have already concluded that the DPW excavation project commencing on January 6, 1984, was not for public purposes; thus, an award of attorney fees pursuant to La.-Const. art. 1, sec. 4 cannot be made. However, public purpose is not a requirement of the above quoted statute. All that is required is that there be a taking. A "taking" has been defined as "substantial interference with the free use and enjoyment of property." State, Through Department of Transportation and Development v. Chambers Investment Company, Inc., 595 So.2d 598, 602 (La. 1992). The record supports the Conclusion that the City/Parish's actions amounted to a taking. See Simmons v. Board of Commissioners of the Bossier Levee District, 25,093, 25,094 (La. App. 2d Cir. 9/22/93); 624 So.2d 935. Because we conclude that La.-R.S. 13:5111 provides a basis for recovery of attorney fees under the facts of this case, we need not discuss the applicability vel non of 42 U.S.C. § 1983.
We disagree with the plaintiffs' claim that the awards of attorney fees should be increased, as we find the amounts in keeping with the facts and circumstances of the instant case. We agree with our brethren of the second circuit that the awards for mental anguish should not be considered when attorney fees awarded pursuant to La.R.S. 13:5111 are calculated. Simmons, 624 So.2d at 955.
VI. EXPERT FEES
The trial court awarded expert fees to plaintiffs as follows. To the Williams family: $1,000.00 for real estate appraisal services and $3,500.00 for engineering services; to the Gage family: $1,000.00 for real estate appraisal services and $3,000.00 for engineering services; and to the Raby family: $6,000.00 for real estate services and $5,000.00 for engineering services. Defendants assert that the awards are excessive and suggest that because the testimony of both the expert witnesses was of little or no value to the trial court in its determination of damages, the amounts awarded should be reduced. The Gage and the Williams families maintain that the fees are recoverable under 42 U.S.C.A. § 1983. The Raby family plaintiffs urge the expert fees should be taxed as costs. Because plaintiffs' recovery is not based on violations of § 1983, we consider only the assertion that the expert fees be taxed as costs.
In relevant part La.R.S. 13:3666(B)(1) provides:
The court shall determine the amount of the fees of said expert witnesses which are to be taxed as costs to be paid by the party cast in judgment . . .
rom the testimony of the expert relative to his time rendered and the cost of his services adduced upon the trial of the cause . . . the court shall determine the amount thereof and include same.
Generally, the amount and fixing of expert witness fees lies within the sound discretion of the trial court and will not be disturbed in the absence of an abuse of discretion. Albin v. Illinois Cent. Gulf R.R. Co., 607 So.2d 844, 845 (La. App. 1st Cir. 1992). Factors to be considered by the trial Judge in setting an expert witness fee include time spent testifying, time spent in preparatory work for trial, time spent away from regular duties while waiting to testify, the extent and nature of the work performed, and the knowledge
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Louisiana Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|