Cited by

Opinions in Louisiana that cite Everhardt v. LOUISIANA DOTD, 978 So. 2d 1036.

40 citing documents.

Couvillion Group, LLC v. Plaquemines Parish Government La. Ct. App. 4th Cir. 2026
App. 4 Cir. 2/20/08), -46.
Johnny Wimbley and Marie Wimbley v. McLiney Centers, LLC La. Ct. App. 3d Cir. 2025
Darlene Ward Pellecer, Individually and as the Administrator of the Estate of Carlos F. Pellecer, and Cynthia Pellecer … La. Ct. App. 4th Cir. 2024
Michelle Leininger v. Brittanie Heaney, the Sherwin-Williams Company, and Ace american/chubb Insurance Company La. Ct. App. 4th Cir. 2024
App. 4 Cir. 2/20/08), ).
Gabriel Markel v. Shantell Price La. Ct. App. 4th Cir. 2024
App. 4 Cir. 2/20/08), ).
Claude and Tammie Aucoin Versus Diaz LLC and Admiral Insurance Company La. Ct. App. 5th Cir. 2023
App. 4 Cir. 2/20/08), (finding adverse presumption did not apply in wrongful death action brought by wife of dump truck operator who died when his truck flipped over on the highway, where wife sold the truck for scrap materials a year after the accident and after defendant served, no attempt was made to examine the truck before it was
Claude Aucoin and Tammie Aucoin Versus Diaz, LLC and Admiral Insurance Company La. Ct. App. 5th Cir. 2023
App. 4 Cir. 2/20/08), (finding adverse presumption did not apply in wrongful death action brought by wife of dump truck operator who died when his truck flipped over on the highway, where wife sold the truck for scrap materials a year after the accident and after defendant served, no attempt was made to examine the truck before it was
In Re: Medical Review Panel Proceedings of Shawn Boryca Vs. La. Ct. App. 4th Cir. 2021
Thomas Lavigne v. Allied Shipyard, Inc., Ronald L. Callais, the Gray Insurance Company, Inc., D/B/A Gray & Company, … La. Ct. App. 4th Cir. 2020
Leon Greenblatt v. Sewerage & Water Board of New Orleans, B&K Construction Co., LLC, Cajun Constructors, LLC, Linfield, … La. Ct. App. 4th Cir. 2019
Johnson v. State Through Department of Transportation and Development 275 So. 3d 879 La. Ct. App. 1st Cir. 2019
App. 4 Cir. 2/20/08), , 1052, where DOTD's expert testified that the motorist had only 3.8 seconds before his truck went off the road, giving him no time to look up and see an edge line marker warning him to steer back on the roadway.
McBride v. Lichtenstein 260 So. 3d 658 La. Ct. App. 1st Cir. 2018
App. 4 Cir. 2/20/08), , 1047.
Matthew M. Walker v. the Manitowoc Company, Inc. La. Ct. App. 3d Cir. 2018
Walker v. Manitowoc Co. 259 So. 3d 465 La. Ct. App. 1st Cir. 2018
4th Cir. 2/20/08), , 1045.
Yokum v. Funky 544 Rhythm & Blues Cafe 248 So. 3d 723 La. Ct. App. 1st Cir. 2018
App. 4 Cir. 2/20/08), , 1044 (citations omitted).
Johnson v. Transit Mgmt. of Se. La., Inc. 239 So. 3d 973 La. Ct. App. 1st Cir. 2018
App. 4 Cir. 2/20/08), , 1047 (citing Thomas v. A.P.
Fie, LLC v. New Jax Condo Ass'n, Inc. 241 So. 3d 372 La. Ct. App. 1st Cir. 2018
App. 4 Cir. 2/20/08), , 1047.
Schwarzenberger v. Louisiana State University Health Sciences Center New Orleans 226 So. 3d 1200 La. Ct. App. 4th Cir. 2017
App. 4 Cir. 2/20/08), , 1048 that, “[wjhether an expert meets the qualifications of an expert witness and the competency of the expert witness to testify in specialized areas is within the sound discretion of the trial court.” The same precedent was reiterated in Jouve v. State Farm Fire and Cas.
Levy v. Lewis 219 So. 3d 1150 La. Ct. App. 1st Cir. 2017
4 Cir. 2/20/08) , , 1047: The standard of review on appeal of a directed verdict is whether reasonable persons could not reach a contrary verdict under the evidence.
Boudreaux v. Bollinger Shipyard 197 So. 3d 761 La. Ct. App. 1st Cir. 2016
4 Cir. 2/20/08), (“Whether an expert meets the qualifications of .an expert witness and the competency of the expert witness to testify in specialized areas is within the sound discretion of the trial court.”).
Tomlinson v. Landmark American Insurance Co. 192 So. 3d 153 La. Ct. App. 1st Cir. 2016
4 Cir. 2/20/08); ; Tsegaye v. City of New Orleans, 15-0676, p. 1, (La.App.
Tsegaye v. City of New Orleans 183 So. 3d 705 La. Ct. App. 1st Cir. 2015
A.S. v. D.S. 165 So. 3d 247 La. Ct. App. 1st Cir. 2015
4 Cir. 2/20/08), (“Whether an expert meets 117the qualifications of an expert witness and the competency of the expert witness to testify in specialized areas is within the sound discretion of the trial court.” Jouve v. State Farm Fire and Cas.
BancorpSouth Bank v. Kleinpeter Trace, L.L.C. 155 So. 3d 614 La. Ct. App. 1st Cir. 2014
Carter ex rel. Blair v. Brothers Lapalco, L.L.C. 118 So. 3d 1194 La. Ct. App. 1st Cir. 2013
State v. Boudoin 106 So. 3d 1213 La. Ct. App. 1st Cir. 2012
Hammons v. St. Paul ex rel. St. Paul 101 So. 3d 1006 La. Ct. App. 1st Cir. 2012
Roger Vestal v. Cynthia D. Kirkland La. Ct. App. 3d Cir. 2011
4 Cir. 2/20/08), noted the multitude of cases finding such a significant drop-off from the roadway to the shoulder constitutes a defect in the roadway and, as such, presents an unreasonable risk of harm: Louisiana jurisprudence is replete with cases holding that a drop-off from the roadway to the shoulder
Vestal v. Kirkland 81 So. 3d 748 La. Ct. App. 1st Cir. 2011
4 Cir. 2/20/08), , noted the multitude of cases finding such a significant drop-off from the roadway to the shoulder constitutes a defect in the road *755 way and, as such, presents an unreasonable risk of harm: Louisiana jurisprudence is replete with cases holding that a drop-off from the roadway to the shoulder in excess- of f
Jouve v. State Farm Fire & Casualty Co. 74 So. 3d 220 La. Ct. App. 1st Cir. 2011
4 Cir. 2/20/08), (citations omitted).
Welch v. Willis-Knighton Pierremont 56 So. 3d 242 La. Ct. App. 2d Cir. 2010
Finch v. ATC/Vancom Management Services Ltd. Partnership 33 So. 3d 215 La. Ct. App. 1st Cir. 2010
App. 4 Cir. 2/20/08), (citing Kaufman v. Sewerage & Water Bd.
J. Quentin Simon v. MacRo Oil Company, Inc. La. Ct. App. 3d Cir. 2009
Simon v. MACRO, INC. 18 So. 3d 801 La. Ct. App. 3d Cir. 2009
Paradise v. Al Copeland Investments, Inc. 22 So. 3d 1018 La. Ct. App. 1st Cir. 2009
4th Cir.2/20/08), , because a reasonable explanation has been provided for ACI’s failure to produce the crashed hard drive, the trial court abused its discretion in ordering an adverse presumption.
State of Louisiana v. Jermaine Perry La. Ct. App. 3d Cir. 2009
State v. Perry 9 So. 3d 342 La. Ct. App. 1st Cir. 2009
Adam v. STATE EX REL. DOTD 5 So. 3d 941 La. Ct. App. 1st Cir. 2009
4th Cir.2/20/08), ; Hussey v. Russell, 04-2377 (La.App.
Adam v. State ex rel. Department of Transportation & Development 5 So. 3d 941 La. Ct. App. 1st Cir. 2009
4th Cir.2/20/08), ; Hussey v. Russell, 04-2377 (La.App.
Harris v. STATE EX REL. DOTD 997 So. 2d 849 La. Ct. App. 1st Cir. 2008
4th Cir.2/20/08), , "Louisiana jurisprudence is replete with cases holding that a drop-off from the roadway to the shoulder in excess of four inches constitutes a defect in the roadway and presents an unreasonable risk of harm to the traveling public."