COOPER v. LACORTE

No. 99-CA-1726.

775 So.2d 4 (2000)

Marion COOPER, Individually and as the wife of Alfred Cooper Individually Sheriga Brown, Vangel Brown and John T. Cooper v. Heather LACORTE and Continental Insurance Company.

Court of Appeal of Louisiana, Fourth Circuit.

Opinion Amended on Rehearing January 31, 2001.


Attorney(s) appearing for the Case

Robert G. Harvey, Sr., Harvey Jacobson, APLC, New Orleans, Louisiana, Attorney for Plaintiffs/Appellees.

Larry G. Canada, Doris Bobadilla, Galloway, Johnson, Tompkins & Burr, New Orleans, Louisiana, Attorneys for Defendants/Appellants.

Court composed of Judge WILLIAM H. BYRNES, III, Judge MOON LANDRIEU, and Judge JAMES F. McKAY, III.


McKAY, Judge.

In this personal injury action, the defendant appeals the trial court's finding of liability as well as the quantum of damages while the plaintiff appeals the trial court's failure to award punitive damages for driving while intoxicated. We affirm the trial court's finding of liability; we amend the trial court's award of damages; and we affirm the trial court's decision not to award punitive damages.

FACTS AND PROCEDURAL HISTORY

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