Supreme Court of Louisiana, 2018

Pete v. State

Pete v. State
Supreme Court of Louisiana · Decided November 20, 2018 · Again, Amendment, Analysis, Appeal, Clark, Conduct, Docket, Error, Eye, Finding, Grant, Increased, Injury, Inmates, Issue, Liability, Light, Loss, Matter, Phelps, Plaintiff, Possibility, Question, Reasons, Rel, State, System, View
256 So. 3d 983 (Southern Reporter, Third Series)

Pete v. State

Opinion of the Court

Although I do not necessarily find error in the court of appeal's amendment of plaintiff's increased judgment for the serious injury of loss of an eye, I question the initial threshold finding of liability in this case. In my view, in light of the number of inmates in our correctional system and the possibility of similar circumstances arising again, I would grant and docket this matter to conduct a full tort analysis on the issue of liability. See State ex rel. Jackson v. Phelps , 672 So.2d 665, 667 (La. 1996) ; and Parker v. State , 282 So.2d 483 (La. 1973).

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