Louisiana Court of Appeal, 1960

Moore v. Granite State Fire Insurance Co.

Moore v. Granite State Fire Insurance Co.
Louisiana Court of Appeal · Decided June 22, 1960 · Hardy
122 So. 2d 311; 1960 La. App. LEXIS 801 (Southern Reporter, Second Series)

Moore v. Granite State Fire Insurance Co.

Opinion of the Court

HARDY, Judge.

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 establishes the medical expenses in the amount of $741.30 and loss of wages in the amount of $850. Plaintiff was twenty-three years of age, married, and employed as an automobile mechanic on a commission basis. His injuries consisted of a fracture of the middle third of the right clavicle, the middle third of the right radius, and a probable minimal compression of the anterior margin of the upper surface of the body of the second and third vertebra. Moore reached a period of maximum recovery some eight or nine months following the accident. We think an allowance of $5,678 will be substantially adequate under the circumstances.

For the reasons assigned 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, James W. Moore, and against the defendant, Granite State Fire Insurance Company in the full sum of Five Thousand Six Hundred Seventy-eight ($5,678) Dollars, together with all costs of court.

070rehearing

Supplemental Opinion on Denial of Rehearing

PER CURIAM.

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.

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