Summary
In Butler v. Zapata Haynie Corp., 94-1171 (La. 7/5/94), 639 So.2d 1186, we noted that "the votes by two judges for $294,670 included a vote for $150,000, although those two judges would have awarded more than the majority consensus figure of $150,000."
Summary of this case from Parfait v. TransoceanOpinion
No. 94-C-1171.
July 5, 1994.
In re Zapata Haynie Corporation; — Defendant(s); applying for writ of certiorari and/or review; Parish of Cameron, 38th Judicial District Court, No. 10-12075; to the Court of Appeal, Third Circuit, No. 92CA-0071.
Granted in part. In the decree by the court of appeal, two judges would have fixed damages for the loss of earning capacity at $294,670, one judge would have fixed this item at $150,000, and the two remaining judges would not have awarded any damages. Accordingly, there were not three votes for the $294,670 award by the "majority" opinion. The highest award for loss of earning capacity upon which a majority of three judges concurred was $150,000, and that must be the amount of the award in the judgment.
The votes by two judges for $294,670 included a vote for $150,000, although those two judges would have awarded more than the majority consensus figure of $150,000.
The judgment of the court of appeal is therefore amended to reduce the award for loss of earning capacity to $150,000. Otherwise, the application is denied.
DENNIS, J., not on panel.
WATSON, J., would grant the writ and remand to the Court of Appeal to clarify the judgment.