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727 F.2d 497

Docket No. 80-3668.

Nesmith v. Texaco, Inc.

Fifth Circuit Court of Appeals

Decided March 23, 1984.

Fifth Circuit Court of Appeals · decided 1984-03-23

Cited by 1 later decisions — most recently March 1984

1 federal appellate ·

4 counsel of record

Relies on Jones & Laughlin Steel Corp. v. Pfeifer · Culver v. Slater Boat Co. · Thomasville Branch of the National Ass'n for Advancement of Colored People v. Thomas County

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1984-03-23

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¶1*498Laborde & Lafargue, Cliffe E. Laborde, III, Marksville, La., for defendant-appellant.

¶2Domengeaux & Wright, Bob F. Wright, Lafayette, La., for Nesmith.

¶3Richard A. Cozad, Michael L. McAlpine, New Orleans, La., for Pool Co. and Pool Offshore.

¶4Anthony D. Moroux, Lafayette, La., for Nesmith.

¶5Before REAVLEY and JOHNSON,1 Circuit Judges.

¶7PER CURIAM:

¶8We delayed consideration of this case pending decision en banc of Culver v. Slater Boat Co., 644 F.2d 460 (5th Cir.1981). Following the en banc decision in Culver, 688 F.2d 280 (5th Cir.1982) (en banc) (Culver I), the Supreme Court decided Jones & Laughlin Steel Corp. v. Pfeifer,-- U.S. --, 103 S.Ct. 2541, 76 L.Ed.2d 768 (1983). Prompted by the Pfeifer opinion, this Court reconsidered Culver I on petition for rehearing. Culver v. Slater Boat Co., 722 F.2d 114 (5th Cir.1983) (en banc) (Culver II). In light of Culver II this Court vacates the damage award and remands for reassessment of damages. In calculating plaintiff’s award, the district court applied a 6% inflation factor2 and an 8% discount rate to plaintiff’s estimated lost earnings. The en banc Court in Culver II opted for the below-market-discount method. This approach does not allow for consideration of inflationary factors when calculating plaintiff’s lost stream of future earnings. Instead, the trier of fact estimates the wage increases the plaintiff would have received each year as a result of individual and societal factors (excepting price inflation), e.g., personal merit and experience. The resulting income stream is then discounted by a below-market discount rate.

¶9On remand the district court, 491 F.Supp. 561, may hear any further evidence it deems necessary pursuant to Culver II in order to recalculate plaintiff’s damage award. The court is directed to apply the principles of Culver II in adopting the appropriate discount rate. The remainder of the appeal presents no issues requiring written disposition. Accordingly, the judgment of liability against the defendants is affirmed.

¶10AFFIRMED IN PART; VACATED IN PART AND REMANDED.

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