Austin v. State Farm Mutual Automobile Insurance

Supreme Court of Louisiana
Austin v. State Farm Mutual Automobile Insurance, 406 So. 2d 605 (La. 1981)
1981 La. LEXIS 10546
Calogero, Dennis, Grant, Lemmon

Austin v. State Farm Mutual Automobile Insurance

Opinion of the Court

In re Janet Austin, applying for writ of certiorari or review, to the Court of Appeal, Third Circuit. Caldwell Parish. 400 So.2d 709.

Denied.

Dissenting Opinion

DENNIS, J.,

would grant. The Court of Appeal’s reliance upon the jury’s verdict as reason to deny the plaintiff damages for aggravation of pre-existing injury is erroneous. The jury found generally that the defendant’s negligence was not the cause in fact of any of plaintiff’s injuries. This did not represent a finding upon the specific issue of whether the aggravation was caused by the accident.

CALOGERO and LEMMON, JJ., would grant.

Reference

Full Case Name
Janet AUSTIN v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY
Status
Published