Public-domain · open source
OpenJurist

176 So. 2d 464

Ponselle v. Armstrong

Louisiana Court of Appeal

Decided June 2, 1965

Louisiana Court of Appeal · decided 1965-06-02

Cited by 3 later decisions — most recently April 1970

3 state decisions

Relies on Ballard v. National Indemnity Company of Omaha, Neb. · Peterson v. Armstrong · 121 So. 2d 531 - McDaniel v. Audubon Insurance Company

Good law ✅— No negative treatment on recordhow we know

Decided 1965-06-02

View the full empirical analysis of this case →

TATE, Judge.

¶1In the companion appeal rendered this, date, Peterson v. Armstrong, 176 So.2d 453, all issues of this appeal have been decided except the plaintiff’s prayer for an increase in the award, and the defendants’ request for a reduction therein.

¶2The plaintiff was awarded $750 general damages, plus $172.50 special damages for her medical expenses. She received- a *465severe contusion of the forehead and certain painful knee and ankle abrasions, from which she recovered in two to three months with no residual disability. According to her testimony, there was a small residual scar on the shin, but the trial court seems to have evaluated that as minimal if existent. See Dr. Plunkett, leg abrasions had “disappeared”, Tr. 253.

¶3The trial court’s award of general damages will not be disturbed as within its large discretion in the matter. Ballard v. National Indemnity Co., 246 La. 963, 169 So.2d 64. As to the plaintiff’s request for an allowance of an additional $105 medical expenses, the trial court properly disallowed these as for examinations for purposes of preparing for trial rather than for expenses of medical treatment. McDaniel v. Audubon Ins. Co., La.App. 1 Cir., 121 So.2d 531; see also Langley v. Travelers Ins. Co., La.App. 3 Cir., 159 So.2d 553.

¶4For the foregoing reasons, the trial court judgment is affirmed, at the cost of the defendants-appellants.

¶5Affirmed.

¶6On Application for Rehearing.

¶7En Banc. Rehearing denied.

/176/so2d/464 · .json · Public domain