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SMOOT v. HERNANDEZ

No. 2008-1121.

6 So.3d 352 (2009)

Tina SMOOT, Individually and on Behalf of Her Minor Children, Malcolm Smoot and Coretta Smoot, and Elizabeth Bennett and Aaron Bennett v. Ken HERNANDEZ, et al.

Court of Appeal of Louisiana, Third Circuit.

March 4, 2009.

Attorney(s) appearing for the Case

Brian M. Caubarreaux, Derrick G. Earles, Emily G. Meche, Brian Caubarreaux and Associates, Marksville, LA, for Plaintiff/Appellee, Tina Smoot.

Harry J. Philips, Jr., Cynthia M. Amedee, Taylor Porter Brooks & Phillips L.L.P., Baton Rouge, LA, for Defendants/Appellants, Ken Hernandez and Employers Mutual Casualty Company.

Jeffery Ingram, Alexandria, LA, for Defendant/Appellee, State Farm Fire & Casualty Company.

Court composed of MARC. T. AMY, BILLY H. EZELL, and JAMES T. GENOVESE, Judges.

GENOVESE, Judge.

In this personal injury case, Defendants appeal the trial court's grant of Plaintiffs Motion for Judgment Notwithstanding the Verdict and Alternatively Motion for New Trial and/or Additur (JNOV) and its subsequent award of general damages and future medical expenses. Plaintiff attempted to answer the appeal, seeking modification of the general damage award. Defendants moved to strike Plaintiffs answer to appeal. For the following reasons, we affirm...

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