Supreme Court of Louisiana, 1981

Austin v. State Farm Mutual Automobile Insurance

Austin v. State Farm Mutual Automobile Insurance
Supreme Court of Louisiana · Decided October 9, 1981 · Calogero, Dennis, Grant, Lemmon
406 So. 2d 605; 1981 La. LEXIS 10546 (Southern Reporter, Second Series)

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.

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