DUFFY v. THROWBRIDGE

No. 7137.

327 So.2d 649 (1976)

Mark D. DUFFY v. George E. THROWBRIDGE and Allstate Insurance Company.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied March 16, 1976.

Writ Granted May 11, 1976.


Attorney(s) appearing for the Case

Steven R. Plotkin, New Orleans, for plaintiff-appellee.

Drury, Lozes & Curry, New Orleans (Felicien P. Lozes and Madison C. Moseley, New Orleans), for defendants-appellants.

Before SAMUEL, REDMANN, LEMMON, GULOTTA and STOULIG, JJ.


LEMMON, Judge.

In this appeal by defendants from a judgment awarding plaintiff damages for personal injuries incurred in a rear end collision, the sole issue is whether the trial judge in the assessment of damages abused the much discretion accorded him by C.C. art. 1934(3). We hold that he did and set aside the award.1

In the December 2, 1972 accident plaintiff, a 27-year old policeman, sustained a mild cerebral concussion and...

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