BREAUX III v. GOODYEAR TIRE RUBBER COMPANY (2021)

Supreme Court of Louisiana.

Irene Marie BREAUX, Individually, and on Behalf of Her Minor Children, Tabitha Caroline Breaux and Elwood James Breaux, III, Candace Mary Breaux, Brandon Breaux, Ericka Breaux and Jamie Breaux v. The GOODYEAR TIRE & RUBBER COMPANY, John Doe, and Nathan C.

No. 2021-C-00811

Decided: October 05, 2021

Writ application denied.

The cases relied on by Goodyear for the proposition that plaintiffs cannot recover damages for both “loss of love and affection” as well as “mental anguish, grief, and anxiety,” Kennedy-Fagan v. Est. of Graves, 2007-1062 (La. App. 1 Cir. 7/21/08), 993 So. 2d 255, 268 and Croce v. Bromley Corp., 623 F.2d 1084, 1095 (5th Cir. 1980), do not accurately reflect the law in Louisiana. Plaintiffs are allowed to recover general damages for both “loss of love and affection” as well as “mental anguish, grief, and anxiety” as recognized by the courts below. See Hill v. Shelter Mut. Ins. Co., 2005-1783 (La. 7/10/06), 935 So. 2d 691, 695 (collecting sources) and Rachal v. Brouillette, 12-794, p. 4 (La.App. 3 Cir. 3/13/13), 111 So.3d 1137, 1143.

Griffin, J., additionally concurs and assigns reasons.

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