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150 So. 3d 431

150 So.3d 431

13 La.App.5Cir. 993

Castro v. Estevez

Louisiana Court of Appeal

Decided September 24, 2014

Louisiana Court of Appeal · decided 2014-09-24

Cited by 1 later decisions — most recently December 2015

Relies on 110 So. 3d 1140 - Sanchez v. Dubuc · 812 So. 2d 91 - Webb v. Horton · 885 So. 2d 687 - Rehm v. Morgan

Good law ✅— No negative treatment on recordhow we know

Decided 2014-09-24

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WICKER, J.,

¶1concurs in part and dissents in part, with reasons.

¶2U agree with the majority that the jury’s award of $5,000 in general damages was abusively low. I respectfully dissent from the majority’s decision with respect to the lowest reasonable award of general damages. As discussed in the majority opinion, the record reflects that Mr. Castro sustained a herniated lumbar disc as a result of the accident in question. In Sanchez v. Dubuc, this Court recently found that the lowest reasonable general damage award for a non-surgical herniated disc *435within a jury’s discretion is $50,000. Sanchez v. Dubuc, 12-526 (La.App. 5 Cir. 2/21/13); 110 So.3d 1140, 1146 (citing Webb v. Horton, 01-978 (La.App. 5 Cir. 2/13/02); 812 So.2d 91, 99; Rehm v. Morgan, 04-344 (La.App. 5 Cir. 10/26/04); 885 So.2d 687, 692-93). Therefore, Mr. Castro’s general damages award should have been increased to $50,000.

¶3In all other respects, I agree with the majority’s opinion.

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