PETE v. BOLAND MARINE AND MANUFACTURING COMPANY LLC (2023)

Application for rehearing denied.

I concur in the denial of plaintiff's application for rehearing. However, I write separately to reiterate my view that the majority erred in its finding of a $5,000,000 general damages award in this matter. Though obviously not identical, the facts presented in Lege v. Union Carbide Corp., 20-0252 (La. App. 4 Cir. 4/1/21), 365 So. 3d 617, 624, as clarified on reh'g, 20-0252 (La. App. 4 Cir. 5/12/21), 366 So. 3d 75, are most comparable to those in this case. In Lege, the plaintiff was awarded $4,000,000 in general damages; adjusted for inflation, that award would amount to $4,700,000 today. However, importantly, the quantum determination in Lege was based on a considerably stronger record than the evidence presented by plaintiff in this case. Thus, it remains my view that the highest award reasonably within the jury's discretion for general damages in this matter is $4,000,000.

Hughes, J., would grant. Crichton, J., concurs in the denial of rehearing and assigns reasons. Griffin, J., would grant.