MITCHELL v. INSURANCE CO. OF NORTH AMERICA

No. 1918.

178 So.2d 331 (1965)

Willie MITCHELL v. The INSURANCE COMPANY OF NORTH AMERICA.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied September 27, 1965.

Writ Refused November 8, 1965.


Attorney(s) appearing for the Case

James P. Vial, Leon C. Vial, III, Harry T. Lemmon, and Mary Ann Vial Lemmon, Hahnville, for plaintiff-appellee.

Lemle & Kelleher, Allen R. Fontenot, New Orleans, for defendant-appellant.

Before REGAN, YARRUT, and SAMUEL, JJ.


YARRUT, Judge.

This appeal is by Defendant from a judgment granting Plaintiff workmen's compensation of $35.00 per week for 400 weeks, less credit for compensation previously paid, with interest and costs, but denying Plaintiff statutory damages and attorney's fees under LSA-R.S. 22:658 for arbitrarily and capriciously terminating compensation due him.

There is no question that Plaintiff sustained serious injury during the course of his employment. The sole...

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