Public-domain · open source
OpenJurist

377 So. 2d 1259

Suhor v. Gusse

Louisiana Court of Appeal

Decided November 8, 1978

Louisiana Court of Appeal · decided 1978-11-08

Cited by 5 later decisions — most recently December 1996

5 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1978-11-08

View the full empirical analysis of this case →

GULOTTA, Judge,

¶1dissenting.

¶2I respectfully dissent.

¶3The low jury award in this case was influenced, in my opinion, by evidence of defendant’s inability to pay. The failure to permit evidence of the existence of insurance coverage and of policy limits, where evidence of inability to pay has been introduced, understandably, places a jury in a position of awarding an unreasonably low amount. In my opinion this is what happened in this case. The jury could very well have believed plaintiff’s experts’ and plaintiff himself, of the dire consequences of this accident and awarded $25,000.00, when faced with evidence of defendant’s inability to pay.

¶4Although cognizant of the concept of judicial economy, I’m of the opinion that this matter should be remanded for a new trial.

Before SAMUEL, REDMANN, GULOT-TA, BOUTALL and BEER, JJ.
/377/so2d/1259 · .json · Public domain