DURAN v. ALLMERICA FINANCIAL BENEFIT INSURANCE COMPANY (2024)

Writ application denied.

Notwithstanding the irresponsible and reprehensible conduct of the plaintiff, I would grant and docket this case to evaluate whether the jury's award of $3,000,000 exemplary damages was reasonable. Specifically, I would examine this case and the totality of the facts presented in light of “the guideposts for gauging when an exemplary damage award crosses the constitutional line.” Mosing v Domas, 2002-0012 (La. 10/15/02), 830 So. 2d 967, 973.