FRITSCHER v. CHATEAU GOLF & COUNTRY CLUB

No. 83-CA-799.

453 So.2d 964 (1984)

Michael FRITSCHER v. CHATEAU GOLF & COUNTRY CLUB.

Court of Appeal of Louisiana, Fifth Circuit.

Rehearing Denied August 17, 1984.


Attorney(s) appearing for the Case

Wiedemann & Fransen, A. Remy Fransen, Jr., New Orleans, for plaintiff-appellee.

Sessions, Fishman, Rosenson, Boisfontaine & Nathan, James Ryan III, Peter S. Title, New Orleans, for defendant-appellant.

Before CHEHARDY and GRISBAUM, JJ., and CLEVELAND J. MARCEL, Sr., J. Pro Tem.


GRISBAUM, Judge.

This is a personal injury action resulting from a jogging accident. The jury awarded $400,000 for general damages and $430,000 for special damages. From this judgment, the defendant appeals. We amend, and, as amended, we affirm.

Four major issues are presented:

(1) Whether the trial judge erred in refusing to charge the jury on the defense of assumption of risk?

(2) Whether the damage award is excessive?

(3) Whether...

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