Shuford v. Employers' Liability Assurance Corp., No. 9720
| Court | Court of Appeal of Louisiana (US) |
| Writing for the Court | AYRES |
| Citation | 141 So.2d 850 |
| Parties | Mrs. Wanda Ware SHUFORD, Individually and as natural tutrix of the minors, Wesley Gray Shuford, IV, Suzanne Kay Shuford, and William Ray Shuford, Plaintiff-Appellee, v. The EMPLOYERS' LIABILITY ASSURANCE CORPORATION, Limited, et al., Defendants- Appellants, General Accident, Fire & Life Assurance Corporation, Intervenor-Appellee. |
| Docket Number | No. 9720 |
| Decision Date | 22 May 1962 |
Page 850
of the minors, Wesley Gray Shuford, IV, Suzanne
Kay Shuford, and William Ray Shuford,
Plaintiff-Appellee,
v.
The EMPLOYERS' LIABILITY ASSURANCE CORPORATION, Limited, et
al., Defendants- Appellants,
General Accident, Fire & Life Assurance Corporation,
Intervenor-Appellee.
Rehearing Denied June 14, 1962.
Page 851
Cook, Clark, Egan, Yancey & King, Shreveport, Watson, Williams & Brittain, Natchitoches, for appellants.
Johnston & Johnston, Shreveport, for plaintiff-appellee.
Mayer & Smith, Shreveport, for intervenor-appellee.
Before HARDY, AYRES and BOLIN, JJ.
AYRES, Judge.
This is a companion case to that of Mrs. Betty Jean Fuller Finn v. The Employers' Liability Assurance Corporation, Limited, et al., La.App., 141 So.2d 852, and with which it was consolidated for the purpose of trial. The questions of liability were determined in the companion case and there remains for consideration only the question of the awards of damages. The claim of reimbursement of $1,100.90 for funeral expenses is not in contest.
The decedent, Wesley Gray Shuford, III, was 22 years of age at the time of his death. He was married to plaintiff June 24, 1956, at the age of 19. Surviving him were his wife and two children, Wesley Gray Shuford, IV, aged two-and-a-half years; Suzanne Kay Shuford, 14 months old; and an unborn child, William Ray Shuford, born posthumously three months after his death. The deceased had a life expectancy of 40.85 years. His earnings for the year 1958 averaged $383.00 per month and, for 1959 to the time of his death, $381.00 per month. He was not shown to have had income from any source other than his wages. Their family relationship was ideal. Mutual respect, love, and devotion, between them and for their children, were unmistakably manifested in the record.
Mrs. Shuford was awarded damages as follows: $10,000.00 for loss of her husband's love, affection, and companionship; $20,000.00 for loss of support; and $1,100.90 for funeral expenses. The minors, William Ray Shuford, Suzanne Kay Shuford, and Wesley Gray Shuford, were each awarded $7,000.00 for the loss of their father's love, affection, and companionship, and, for the loss of support, the sums of $10,000.00, $9,000.00, and $8,500.00, respectively.
The awards were, as to the surety limited to its contractual liability of $50,000.00...
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Finn v. Employers' Liability Assur. Corp., General Acc., Fire & Life Assur. Corp., Intervenor, No. 9719
...insurer. A companion case is that of Mrs. Wanda Ware Shuford v. The Employers' Liability Assurance Corporation, Limited, et al., La.App., 141 So.2d 850, wherein plaintiff, in her individual capacity and as natural tutrix of three minor children, seeks to recover judgment for damages for the......
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Grigsby v. Coastal Marine Service of Texas, Inc., No. 22451.
...v. Natchitoches Parish School Bd., La.Ct.App., 1959, 110 So.2d 156; Shuford v. Employers' Liability Assurance Corp., La.Ct.App., 1962, 141 So.2d 850; Gaspard v. LeMaire, 1963, 245 La. 239, 158 So.2d 76 In Louisiana appellate review extends to fact as well as to law. 77 In the formative days......
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Carter v. Hi Nabor Super Mkt., LLC, No. 2013 CA 0529.
...Use Tax, 03–0934 (La.App. 1st Cir.2/23/04), 872 So.2d 1164, 1166 (on rehearing); Shuford v. Employers' Liability Assurance Corporation, 141 So.2d 850, 852 (La.App. 2d Cir.1962).6 The imposition of an adverse inference as a sanction for spoliation of the evidence is a sanction that has exist......
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Carter v. Hi Nabor Super Mkt., LLC, NUMBER 2013 CA 0529
...Tax, 03-0934 (La. App. 1st Cir. 2/23/04), 872 So. 2d 1164, 1166 (on rehearing); Shuford v. Employers' Liability Assurance Corporation, 141 So. 2d 850, 852 (La. App. 2d Cir. 1962). 6. The imposition of an adverse inference as a sanction for spoliation of the evidence is a sanction that has e......
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Finn v. Employers' Liability Assur. Corp., General Acc., Fire & Life Assur. Corp., Intervenor, No. 9719
...insurer. A companion case is that of Mrs. Wanda Ware Shuford v. The Employers' Liability Assurance Corporation, Limited, et al., La.App., 141 So.2d 850, wherein plaintiff, in her individual capacity and as natural tutrix of three minor children, seeks to recover judgment for damages for the......
-
Grigsby v. Coastal Marine Service of Texas, Inc., No. 22451.
...v. Natchitoches Parish School Bd., La.Ct.App., 1959, 110 So.2d 156; Shuford v. Employers' Liability Assurance Corp., La.Ct.App., 1962, 141 So.2d 850; Gaspard v. LeMaire, 1963, 245 La. 239, 158 So.2d 76 In Louisiana appellate review extends to fact as well as to law. 77 In the formative days......
-
Carter v. Hi Nabor Super Mkt., LLC, No. 2013 CA 0529.
...Use Tax, 03–0934 (La.App. 1st Cir.2/23/04), 872 So.2d 1164, 1166 (on rehearing); Shuford v. Employers' Liability Assurance Corporation, 141 So.2d 850, 852 (La.App. 2d Cir.1962).6 The imposition of an adverse inference as a sanction for spoliation of the evidence is a sanction that has exist......
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Carter v. Hi Nabor Super Mkt., LLC, NUMBER 2013 CA 0529
...Tax, 03-0934 (La. App. 1st Cir. 2/23/04), 872 So. 2d 1164, 1166 (on rehearing); Shuford v. Employers' Liability Assurance Corporation, 141 So. 2d 850, 852 (La. App. 2d Cir. 1962). 6. The imposition of an adverse inference as a sanction for spoliation of the evidence is a sanction that has e......