Supreme Court of Louisiana, 1979

Fowler v. Louisiana Power & Light Co.

Supreme Court of Louisiana · Decided October 8, 1979 · Alone, Art, Being, Calogero, Dennis, Discretion, Dixon, Does, Error, Errors, Excessive, Grant, Granted, Mandatory, Remittitur, Should, Tate, That, Trial, Under, Verdict, Whenever, Within

376 So. 2d 164; 1979 La. LEXIS 6024 (Southern Reporter, Second Series)

Opinion of the Court

In re Franklin J. Fowler, applying for a remedial writ and stay order. Parish of Concordia, No. 18,895.

Writ denied.

DIXON and TATE, JJ., concur in the denial, even though the district judge was *165in error as to his power under 1813 to grant a remittitur. He may grant a remittitur even though there are other errors in the trial, but it is not mandatory. He may, even though the verdict is excessive, order a new trial. DENNIS and CALOGERO, JJ., would grant, being of the opinion that C.C.P. art. 1813 does not preclude a remittitur within the discretion of the trial judge, whenever the verdict is so excessive that a new trial should be granted for that reason alone.

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