Parker v. Smith
| Decision Date | 29 November 1962 |
| Docket Number | No. 9802,9802 |
| Citation | 147 So.2d 414 |
| Parties | John Charles PARKER, Plaintiff-Appellee, v. Arthur O. SMITH et al., Defendants-Appellants. |
| Court | Court of Appeal of Louisiana — District of US |
Lunn, Irion, Switzer, Trichel & Johnson, Shreveport, for defendants-appellants.
Gahagan & Gahagan, Natchitoches, for plaintiff-appellee.
Mayer & Smith, Shreveport, for defendants-appellees.
Before HARDY, GLADNEY and BOLIN, JJ.
For the reasons stated in Parker v. Smith et al., 147 So.2d 407, plaintiff is entitled to recover for the wrongful death of his mother, Mrs. Nell Parker. Plaintiff itemizes his damages as follows:
The claim is asserted under the 1960 amendment to LSA-C.C. art. 2315 which permits a major child to recover for the wrongful death of his parent.
In making a total award of $7,500 to plaintiff, the lower court gave the following reasons:
'Considering first the claim for 'loss of a reasonably anticipated inheritance from the efforts of his deceased mother for the remainder of her life expectancy.' Without entering into any discussion of whether or not this is a recoverable item of damages, suffice it to say that the record is barren of any evidence whatever on which an award of this type could be made. The only evidence before the court that might be considered is the amount of average total income of the community during the past ten years. The percentage of contribution through the deceased's effort is of no consequence. Further, income alone does not indicate the potential net worth of a person at death. A person might well earn any amount of annual income and yet at death leave nothing as an inheritance for his or her children. This claim is denied.
Considering the relationship that existed between plaintiff and his mother and the closeness of the family relationships, the natural love and affection which he had for his mother, the suddenness and unexpectedness of her passing, the diminished value of the present dollar, the court is of the opinion that plaintiff should be awarded the sum of $7,500 for the loss of love and companionship of his mother.
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Marks v. Pan American World Airways, Inc.
...take damages for loss of inheritance out of the realm of damages which are too speculative to be allowed. See also, Parker v. Smith, 147 So.2d 414, 415 (La.App. 1st Cir.1962), in which the Court affirmed the trial court's denial of recovery for loss of inheritance as unsupported by the We a......
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Barnett v. Trinity Universal Ins. Co.
... ... Smith v. Borchers, 243 La ... 746, 146 So.2d 793 (1962); McCandless v. Southern Bell Telephone & Tel. Co., 239 La. 983, 120 So.2d 501 (1960), McClenaghan v ... 1969--writ refused, 1970); in Waters v. Southern Farm Bureau Casualty Ins. Co., 212 So.2d 487 (La.App., 3d Cir. 1968); and in Parker v. Smith, 147 So.2d 414 (La.App., 2d Cir. 1962), major children were awarded the sums of $7,500.00 each as damages on account of the loss of their ... ...
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Richard v. American Oil Co.
...202 So.2d 438 (La.App.4th Cir. 1967), Averette v. Travelers Insurance Co., 174 So.2d 881 (La.App.1st Cir. 1965), and Parker v. Smith, 147 So.2d 414 (La.App.2d Cir. 1962). Decree. For the foregoing reasons, we affirm the judgment of the District Court in favor of the plaintiffs and dismissin......
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Marks v. Pan American World Airways, Inc.
...for a widow's loss of support in a wrongful death action. In a case decided after the 1960 amendments to art. 2315, Parker v. Smith, 147 So.2d 414 (La.App.1962), the plaintiff's mother had been killed. He specifically sued for "Loss of a reasonably anticipated inheritance." The intermediate......