Cited by

Opinions in Louisiana that cite Duncan v. Kansas City Southern Railway Co., 773 So. 2d 670.

281 citing documents.

Doris Gray v. James Strong, ANPAC Louisiana Insurance Company and State Farm Mutual Automobile Insurance Company La. Ct. App. 2d Cir. 2025
Barber Brothers Contracting Company, LLC v. Capitol City Produce Company, LLC; Frank Cushenberry; And Xyz Insurance Company C/W … La. 2024
10/30/00), which involved an 11-year-old plaintiff who was thrown from a van and sustained a traumatic brain injury and severed spinal cord injury, which rendered her a quadriplegic and totally dependent on others for all her needs.
Barber Brothers Contracting Company, LLC v. Capitol City Produce Company, LLC Frank Cushenberry And Xyz Insurance Company C/W … La. 2024
10/30/00), Sabillon v. Max Specialty Ins.
Shaquana Harvey, Individually and in Her Capacity as the Natural Tutrix of Jaden Harvey v. Eric Wayne Hamby, … La. Ct. App. 4th Cir. 2024
10/30/00), held that the trier of fact is granted “much discretion” and is owed “some deference in allocating fault.” It follows, according to the court, that the standard of review on appeal is manifest error.
Catherine Williams, Indv. and Ronnie Williams, Indv. v. Travelers Indemnity Company of Ct La. Ct. App. 3d Cir. 2024
3 Cir. 8/8/07), -58, writ denied, 07-1821 (La.11/9/07), this court set forth the standard of review for a trier of fact’s apportionment of fault: The Louisiana Supreme Court, in Duncan v. Kansas City Southern Railway Co., 00-66, pp. 10–11 (La.10/30/00), –81, set forth the standard for reviewing comparative fault determinations as follows: This Court has previously addressed the allocation of fault and the standard of review to be applied by appellate courts reviewing such determinations.
Nolan Metoyer v. State of Louisiana, Department of Agriculture La. Ct. App. 3d Cir. 2024
Anthony J. Francis v. Occidental Fire and Casualty Co of North Carolina La. Ct. App. 3d Cir. 2024
John Preston v. Certain Underwriters at Lloyd's London and Pac Housing Group, LLC La. Ct. App. 4th Cir. 2024
Gordon Tatman v. Marvin Williams, Valley Proteins, inc.and Travelers Indemnity Ins. Co. La. Ct. App. 3d Cir. 2023
Jena Rougeau v. Hospital Service District 2 of Beauregard Parish La. Ct. App. 3d Cir. 2023
10/30/00), (quoting Keeth v. Dep’t of Pub.
Cd, Individually And On Behalf Of The Minor, Sd v. Sc, Individually And As The Parent And Guardian … La. 2023
Lashondra Jones v. Market Basket Stores, Inc. (Parish of Calcasieu) Appellate Court Decision Vacated; District Court Judgment Reinstated; … La. 2023
Sharon Tisdale v. David Hedrick As Sheriff Of Concordia Parish And Matthew Morgan La. 2023
Henry Pete v. Boland Marine and Manufacturing Company, LLC La. Ct. App. 4th Cir. 2023
Sharon Tisdale v. David Hedrick,as Concordia Parish Sheriff La. Ct. App. 3d Cir. 2022
10/30/00), -81, the Louisiana Supreme Court explained the standard of review regarding comparative fault determinations as follows: As with other factual determinations, the trier of fact is vested with much discretion in its allocation of fault.
Kayla Landry v. State Farm Automobile Ins. Co. La. Ct. App. 3d Cir. 2022
CD Individually and as Tutor of His Minor Child SD v. SC, Individually and as the Parent and … La. Ct. App. 2d Cir. 2022
3d ___, 2021 WL 5860859; -0066 (La.
Isabella Criswell v. Collette Kelley, City of Shreveport d/b/a Shreveport Police Department, and American Alternative Insurance Corporation La. Ct. App. 2d Cir. 2022
10/30/00), Malta v. Herbert S. Hiller Corp., supra.
Carol L. Darby v. John Lee Citizen and State Farm Mutual Automobile Ins. Co. La. Ct. App. 3d Cir. 2022
Belinda Garrett v. Dg Louisiana, LLC La. Ct. App. 3d Cir. 2021
Jody Alan Goldstein v. Chateau Orleans, Inc., Leisure Management, Ltd., and Xyz Insurance Company La. Ct. App. 4th Cir. 2021
Mandy Hatman v. Mitchell Miller, Aix Specialty Insurance Company and State Farm Mutual Automobile Insurance Co. La. Ct. App. 3d Cir. 2021
10/30/00), (“[A]n appellate court should only disturb the trier of fact’s allocation of fault when it is clearly wrong or manifestly erroneous.”).
Teresa Jeffries v. Prime Insurance Company La. Ct. App. 3d Cir. 2021
Co. 00-0066, p. 13 (La.10/30/00), Anderson v. Welding Testing Lab., Inc.
Kim D. Simon Versus Automobile Club Inter-Insurance Exchange, State Farm Mutual Automobile Insurance Company, and Shannon D. Singleton La. Ct. App. 5th Cir. 2021
Dianne Jackson Versus Underwriters at Lloyd's of London, Vic 3 Enterprises, LLC, and Napoleon White La. Ct. App. 5th Cir. 2021
10/30/00), (citing Keeth v. Dept. of Pub.
Tarlton Bernard and Addison Provost v. Bfi Waste Services, LLC La. Ct. App. 3d Cir. 2021
Ronald Hicks v. USAA General Indemnity Company, Robert L. Harger, Jr., R.L. Harger and Associates, Inc. and Harger … La. Ct. App. 1st Cir. 2021
10/ 30/ 00), see also McGee, 933 So.
Terence St. Germain v. Lesley Simmons St. Germain La. Ct. App. 4th Cir. 2021
Robert Broussard and R.J. Broussard General Contractors Inc. v. Multi-Chem Group, LLC La. Ct. App. 3d Cir. 2021
Lloyd Johnson, Jr. Versus Saladino Philip, Gretna Police Department, City of Gretna, Onebeacon America Insurance Company La. Ct. App. 5th Cir. 2021
Tyrone Adger v. Sergeant Fortune Moneke, State of Louisiana through Louisiana Department of Public Safety and Corrections, Elayn … La. Ct. App. 1st Cir. 2021
Ames Growe, III v. Raymond Johnson and Johnson Realty & Investment Co. La. Ct. App. 4th Cir. 2021
10/30/00), (citing Sistler v. Liberty Mutual Ins.
Sherome Hankton v. The State Of Louisiana, Medical Center Of Louisiana At New Orleans (university Hospital), Through The … La. 2020
10/30/00), -81, summarized the standard for reviewing allocation of fault determinations as follows: This Court has previously addressed the allocation of fault and the standard of review to be applied by appellate courts reviewing such determinations.
Huey Antill, Jr. Versus State Farm Mutual Insurance Company, John Halder, and Allstate Insurance Company La. Ct. App. 5th Cir. 2020
10/30/00), LeMasters v. Boyd Gaming Corp., 04-1054 (La.
Kaylonna Dotson v. Darren Balsamo and State Farm Mutual Automobile Insurance Company La. Ct. App. 2d Cir. 2020
Bruce Breaux v. Jackie Woods La. Ct. App. 3d Cir. 2020
When considering the standard of review for general damages award in Duncan v. Kansas City Southern Railway Co., 00–66 (La.10/30/00), cert.
Thomas C. Dufreche v. Jeffrey Wayne Coco, Md and Internal Medicine Specialists, Inc. La. Ct. App. 4th Cir. 2020
10/30/00), (citing Clement v. Frey, 1995-1119, p. 5 (La.
Kent Jensen and Saeko Yatsuka Jensen, (Husband and Wife), for Their Own, and as Parents and Legal Guardians … La. Ct. App. 4th Cir. 2020
Louis Ridgel v. Mitchell Chevalier, St. Bernard Parish Fire Department Through the St. Bernard Parish Government, and Lexington … La. Ct. App. 4th Cir. 2020
James Herron v. State Farm Mutual Automobile Ins. Co. La. Ct. App. 3d Cir. 2019
10/30/00), Boswell v. Roy O. Martin Lumber Co., Inc., Anderson v. Welding Testing Lab., Inc., .
Earl Ivory v. Safeway Insurance Company of Louisiana La. Ct. App. 3d Cir. 2019
10/30/00), -81, the Louisiana Supreme Court explained the standard of review regarding comparative fault determinations as follows: As with other factual determinations, the trier of fact is vested with much discretion in its allocation of fault.
Curtis Tezeno v. Daniel Robert Young La. Ct. App. 3d Cir. 2019
Joy Richard v. Calcasieu Cameron Hospital Service D/B/A West Calcasieu Cameron Hospital La. Ct. App. 3d Cir. 2019
Co., 00-66, pp. 3-4 (La.10/30/00), -83).
Jerry R. Bagwell v. Union Carbide Corporation La. Ct. App. 4th Cir. 2019
10/30/00), ); Theriot v. Allstate Ins.
Frank Collatt v. Barbara T. Boudreaux La. Ct. App. 3d Cir. 2019
10/30/00), (quoting Keeth v. Dep’t of Pub.
Brandi Waters v. Susan Hebert and Shelter Mutual Insurance Company La. Ct. App. 1st Cir. 2019
10/ 30/ 00), see also McGee, 933 So.
Giles Hill v. State Farm Mutual Auto. Ins. Co. La. Ct. App. 3d Cir. 2019
10/30/00), -81, the Louisiana Supreme Court explained the standard of review regarding comparative fault determinations as follows: As with other factual determinations, the trier of fact is vested with much discretion in its allocation of fault.
Benjamin Perry v. Starr Imdemnity & Liability Company, Humberto Mata and Yellowjacket Oilfield Services, L.L.C. La. Ct. App. 2d Cir. 2019
Sherry Boothe and Barry Boothe, Individually and on Behalf of Their Minor Children, Amber and Amanda Boothe v. … La. 2019
Civ.Code art. 2324.1; Duncan v. Kansas City Southern Railway Co., 00–0066 (La.10/30/00)
Taylor v. City of Alexandria 274 So. 3d 206 La. Ct. App. 1st Cir. 2019
10/30/00), , 682 (citations omitted), defined general damages as "those which may not be fixed with pecuniary exactitude;" and "involve mental or physical pain or suffering, inconvenience, the loss of intellectual gratification or physical enjoyment, or other losses of life or life-style which cannot be definitely measured in mo