Supreme Court of Louisiana, 1976

Davis v. Aetna Casualty & Surety Co.

Supreme Court of Louisiana · Decided June 11, 1976 · Calogero, Dennis, Dixon, From, Granted, Should, That, Writ

333 So. 2d 233; 1976 La. LEXIS 4056 (Southern Reporter, Second Series)

Dissenting Opinion

DIXON, J.,

is of the opinion the writ should be granted. The result reached is *234unreasonable. The majority of this Court believes that if plaintiff alleges no amount for an item of special damages, the Court of Appeal is not limited in the award, but if an amount of future special damages is alleged in the petition the Court of Appeal can award no greater amount than that alleged. Such mechanical result is not intended by the Code of Civil Procedure.

CALOGERO, J., dissents from denial of writ. DENNIS, J.’, is of the view that the writ should be granted.

Opinion of the Court

In re: James B. Davis, applying for Certiorari, or writ of review, to the Court of Appeal, 329 So.2d 868, Second Circuit, Parish of Caddo.

Writ refused. There is no error of law in the judgment.

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