Supreme Court of Louisiana, 2015

Bailey v. LeBlanc

Bailey v. LeBlanc
Supreme Court of Louisiana · Decided March 6, 2015 · Crichton
162 So. 3d 372; 2015 WL 992042 (Southern Reporter, Third Series)

Bailey v. LeBlanc

Opinion of the Court

CRICHTON, J.,

would grant and assigns reasons.

|Jt is ray opinion that the jury had a “reasonable factual basis” for its refusal to award damages for continued treatment of the plaintiffs neck and back, for the reasons explained in Judge Conery’s concurrence. Bailey v. LeBlanc, 2014-267 (La.App. 3 Cir. 11/12/14), 151 So.3d 1004, 1014 (Conery, J., concurring). See also Stobart v. State Dep’t of Transp. and Dev., 617 So.2d 880, 882 (La. 1993) (appellate court may not set aside a jury’s finding of fact unless it finds that “a reasonable factual basis does not exist for the finding”). Because the jury had a reasonable factual basis for its determination, I believe the Court of Appeal was wrong to reverse on this issue.

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