Cited by

Opinions in Louisiana that cite Todd-Johnson Dry Docks v. City of New Orleans, 55 So. 2d 650.

17 citing documents.

St. Tammany Parish School Board v. Bullinger 168 So. 3d 493 La. Ct. App. 1st Cir. 2014
Allstate Indemnity Co. v. Knighten 705 So. 2d 240 La. Ct. App. 2d Cir. 1997
Legros v. Westlake Polymers Corp. 704 So. 2d 876 La. Ct. App. 1st Cir. 1997
Scott v. Barclay's Amer. Leasing Service 506 So. 2d 823 La. Ct. App. 1st Cir. 1987
Senac v. Sandefer 418 So. 2d 543 La. 1982
Roche v. Big Moose Oil Field Truck Service 381 So. 2d 396 La. 1980
(Orl.La.App., 1951); Marquette Casualty Company v. Brown, 235 La.
Jones v. LeDay 373 So. 2d 787 La. Ct. App. 3d Cir. 1979
Roche v. Big Moose Oilfield Truck Services, Inc. 371 So. 2d 1374 La. Ct. App. 3d Cir. 1979
Collins v. Raffery 304 So. 2d 392 La. Ct. App. 1st Cir. 1974
Compton v. North River Insurance Company 281 So. 2d 848 La. Ct. App. 1st Cir. 1973
which held that an employer could not bring an action against the tort-feasor for reimbursement of what he had paid or become liable to pay to the employee, where the employee had already brought a suit against the tort-feasor and had notified the employer of such suit, and employer had not seen
National Surety Corp. v. Standard Accident Insurance Co. 168 So. 2d 858 La. Ct. App. 1st Cir. 1964
In Todd-Johnson Dry Docks, Inc. v. City of New Orleans (La.App., Orl., 1951), , the opinion of the court made the following pronouncement: “It follows that, where the claim has been asserted by the employee in a tort action and the employer has been notified, there is nothing left of the tort claim which may be asserted by the employer in a separate action.
Mayon v. Delta Well Logging Service, Inc. 127 So. 2d 16 La. Ct. App. 1st Cir. 1961
Hence, the failure of plaintiff to assert its claim within the one year period is fatal to its action.” In the above cited case the Supreme Court of Louisiana cited with approval Todd-Johnson Dry Docks v. City of New Orleans, La.App., , decided by our brethren of the Orleans (now fourth) Circuit in which an injured employee filed suit against the tort feasor after he had compromised his claim for compensation with his employer and, conformably with LSA-R.S.
Edwards v. Employers Casualty Co. 121 So. 2d 540 La. Ct. App. 1st Cir. 1960
See also Todd-Johnson Dry Docks, Inc. v. City of New Orleans, La.App.1951, .
Marquette Casualty Company v. Brown 103 So. 2d 269 La. 1958
The Court of Appeal for the Parish of Orleans properly interpreted the applicable provisions of the compensation law thusly in Todd-Johnson Dry Docks v. City of New Orleans, La.App., .
Marquette Casualty Co. v. Brown 97 So. 2d 92 La. Ct. App. 1st Cir. 1957
that of the employee, his recovery is limited to and based upon the unliquidated damages which he has suffered, whereas in the other case, that of the employer, it is for a fixed amount which, as the Supreme Court of Florida says, though based upon the same transaction is quite a different thing.” In the relatively recent case of Todd-Johnson Dry Docks, Inc. v. City of New Orleans, La.App.1951, , 4 we endeavored to clarify the distinction emphasized in the foregoing case by remarking : “The deci
Board of Com'rs v. CITY OF NEW ORLEANS EX REL. PUBLIC BELT R. COMMISSION 65 So. 2d 313 La. 1953
But, as was correctly held in Todd-Johnson Dry Docks, Inc., v. City of New Orleans, La.App., Orleans Circuit, , if and when the latter suit is instituted first by the employee or dependent and the employer does not timely intervene therein, after receiving the statutory notice, he loses all right to proceed against the tort-feasor.
Ernst v. New Orleans Public Belt R. R. 55 So. 2d 657 La. Ct. App. 1st Cir. 1951
See Todd-Johnson Drydocks, Inc., v. City of New Orleans, etc., , this day decided by us. For the reasons assigned, the judgment, appealed from is increased to the sum of' $6,069.93, and as so amended, and in all other respects, it is affirmed.