Opinion · Supreme Court of Louisiana

Stiles v. K Mart Corp.

597 So. 2d 1012

Type
Opinion
Court
Supreme Court of Louisiana
Jurisdiction
Louisiana
Date
1992-05-01
Topic
general

How later courts describe this case

  • remanding for a determination of “an award for future medical expenses which the medical evidence established that plaintiff, more probably than not, will be required to incur”
  • remanding to the court of appeal “to fix an award for future medical expenses which the medical evidence established that plaintiff, more probably than not, will be required to incur.”
  • referring to future medical expenses established by medical evidence

Citator

Stiles v. K Mart Corp. is good law as far as the corpus records: followed by 1 later decision, and nothing recorded condemns it.

Authority status
positive
Cited by
73 opinions
Followed
1 times
597 So.2d 1012 (1992)

Muriel STILES
v.
K MART CORPORATION.

No. 92-C-0373.

Supreme Court of Louisiana.

May 1, 1992.

*1013 PER CURIAM.

The application is granted.

When the record establishes that future medical expenses will be necessary and inevitable, the court should not reject an award of future medical expenses on the basis that the record does not provide the exact value of the necessary expenses, if the court can examine the record and determine from evidence of past medical expenses and other evidence a minimum amount that reasonable minds could not disagree will be required. La.Code of Civ. Proc. art. 2164.

The judgment of the court of appeal as to future medical expenses is set aside, and the case is remanded to the court of appeal to fix an award for future medical expenses which the medical evidence established that plaintiff, more probably than not, will be required to incur.

COLE, J., would deny the application.