Hardy v. State ex rel. Department of Highways

Supreme Court of Louisiana
Hardy v. State ex rel. Department of Highways, 414 So. 2d 305 (La. 1982)
1982 La. LEXIS 10873
Blanche, Grant, Marcus, Reasons, Writ

Hardy v. State ex rel. Department of Highways

Opinion of the Court

In re City of Natchitoches, applying for Certiorari, or Writ of Review, to the Court of Appeal, Third Circuit, No. 8662, Natchi-toches Parish; 412 So.2d 208.

Denied.

MARCUS, J., would grant the writ. BLANCHE, J., would grant the writ and assigns reasons.

Dissenting Opinion

BLANCHE, Justice

(dissenting from denial of the writ application in behalf of defendants).

I respectfully dissent. The awards for future medical and future loss of wages are, in this writer’s opinion, an abuse of discretion. The principal sums awarded, if modestly and prudently invested, would yield annually two to four times either the annual earnings of plaintiff, or the projected annual medical expenses.

In this writer’s opinion, the guideline based on a return of earnings clearly indicates that the calculations of plaintiff’s expert witness, which were relied upon by the court, were unrealistic.

Reference

Full Case Name
Deborah Kaye HARDY v. STATE of Louisiana, Through DEPARTMENT OF HIGHWAYS
Status
Published