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Langlinais v. LeBlanc, 18-712 (La.App. 3 Cir. 06/12/19), West reporter citation not yet available


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Damages Summary
Case Notes
Opinion Text
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Report Prepared For

Trial Court:  14th JDC      Local Rules

Jury Trial


Parish: Calcasieu
Judge(s)
Judge: Ware, Ronald F. trial court judge
Judge: Pickett, Elizabeth A. appellate opinion author
Judge: Savoie, D. Kent
Judge: Perry, John W. Jr.
Attorney(s)
Henry Alston Johnson , III
Michael J. Williamson
Robert I. Siegel
Barry Alwin Roach
Christopher S. Lacombe
John R. Shea
Thomas M. Daigle

Expert Witnesses
George Raymond Williams, MD Orthopedic surgeon
Wesley Austin, Ph.D Economist

Case Tags: MVA, JNOV/New Trial/Additur/Remittitur, Rehearing, Quantum,



Related Opinions

Prior Opinions/Judgments:
Langlinais v. LeBlanc, Third Circuit (April 17, 2019) , Pending



Damages Summary

Langlinais, Chad

Age: 48

Comment: Future specials modified on rehearing by 3rd Cir.

General Damages: $450,000    (CPI inflation adjusted: $450,000)
CPI adjustments calculated using U.S. Department of Labor, Bureau of Labor Statistics Consumer Price Index values for case/judgment date and the most recent update.

JNOV was appropriate as to jury general damage award of $5,000, but trial court award of $725,000 was excessive.

Primary Injury:

Secondary Injury:
  • Aggravation of pre-existing cervical injury - C6-7 level was a surgical condition prior to accident - return to pre-accident pain levels in about 4 months and again with pain management treatment following flare-ups - last treatment at 19 months post-accident
    Part tags: Cervical, C6-7
    Treatment tags: Pain Control (Pain management)
    Description tags: Aggravation of prior injury

Itemized general damages
Past general damages - generic $100,000.00 MAX
Future general damages - generic $350,000.00 MAX
Special Damages
Past medical expenses $125,000.00 Jury award reinstated by Third Circuit
Future medical expenses $393,709.00 Third Circuit affirmed trial court award of future medicals on JNOV. Jury declined to award future medical expenses.
Past loss of earnings/earning capacity $100,000.00 Jury award not disturbed on JNOV or at Third Circuit.
Future loss of earnings/earning capacity $819,000.00 3d Cir affirmed JNOV, but reduced amount of award from trial court award of $1,024,555.00. Increased on rehearing from $678,686.00.

Case Notes


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Langlinais v. LeBlanc


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