McVay v. Granite State Fire Insurance Co.
McVay v. Granite State Fire Insurance Co.
Opinion of the Court
This is a companion suit to and was consolidated for trial with Josey v. Granite State Fire Insurance Co., et al., La.App., 122 So.2d 303.
The record in the instant case establishes the claims of plaintiff for medical expenses in the sum of Three Hundred Twenty-eight ($328) Dollars. Plaintiff, a twenty-four year old single man, who was a student át Louisiana Polytechnic Institute at the time of the accident, sustained serious and painful injuries consisting of a fracture of the right clavicle and scapula; a fracture of the left scapula, intra-pulmonary edema and
For the reasons set forth in the Josey case, to which reference is above made, we have found it necessary to apportion the awards in these cases to such an extent as will permit payment from the insurance coverage.
Accordingly, the judgment appealed from is annulled, set aside and reversed, and
It Is Now Ordered, Adjudged and Decreed that there be judgment in favor of plaintiff, Billy Joe McVay, and against Granite State Fire Insurance Company in the full sum of Seven Thousand Three Hundred and thirty-three Dollars and thirty cents ($7,333.30), together with all costs of court.
070rehearing
Supplemental Opinion On Denial of Rehearing
Attention has been called to the fact that the judgment of the court omitted the allowance of interest. While this oversight is of no material importance, in view of LSA-R.S. 13 :4203 providing that legal interest attaches from date of judicial demand on all judgments sounding in damages, ex delicto, which may be rendered by any court, we think it desirable to correct our decree, which may be done without the necessity of granting a rehearing.
Accordingly, It Is Ordered that the judgment awarded in favor of plaintiff shall bear interest at the legal rate from date of judicial demand until paid.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.