Cited by
Opinions in Louisiana that cite Forbes v. Cockerham, 5 So. 3d 839.
- Enerfin Field Services, LLC v. Vernon Parish Board of Review La. Ct. App. 3d Cir. 2023
- Cefus Jenkins v. Louisiana Department of Public Safety & Corrections La. Ct. App. 1st Cir. 2022
- Berkley Assurance Company v. Melissa Willis, as parent/guardian of MacY Lee Willis La. Ct. App. 4th Cir. 2021
- Victoria Roach v. State of Louisiana, Dotd La. Ct. App. 3d Cir. 2021
- Blue Cube Operations LLC v. Assumption Parish Board of Review; Wayne P. Blanchard, in his capacity as Assessor … La. Ct. App. 1st Cir. 2020
- D90 Energy, Llc v. Jefferson Davis Parish Board Of Review (Parish of Jefferson Davis) D90 Energy , Llc … La. 2020
- Axiall, LLC v. Assumption Parish Board of Review La. Ct. App. 1st Cir. 2019
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Johnson v. State Through Department of Transportation and Development
275 So. 3d 879
La. Ct. App. 1st Cir. 2019
1/21/09), , 858-59, first argues that the duty to maintain roads and shoulders does not require it to bring old highways up to modern standards unless and until a major reconstruction has taken place.
- Marilyn Clark v. State of Louisiana, Department of Transportation and Development La. Ct. App. 3d Cir. 2018
- Sonnier v. State 249 So. 3d 51 La. Ct. App. 1st Cir. 2018
- Ronald Lee Stutes and Carroll Lynn Stutes v. Greenwood Motor Lines, Inc. La. Ct. App. 3d Cir. 2017
- Ronald Lee Stutes and Carroll Lynn Stutes v. Greenwood Motor Lines, Inc. La. Ct. App. 3d Cir. 2017
- Ronald Lee Stutes, Et Ux. v. Greenwood Motor Lines, Inc. La. Ct. App. 3d Cir. 2017
- Greene v. Succession of Alvarado 210 So. 3d 321 La. Ct. App. 1st Cir. 2016
- Ryan v. Case New Holland, Inc. 211 So. 3d 611 La. Ct. App. 2d Cir. 2016
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Ron Warren, Ind. & O/B/O Estate of Derek Hebert v. Shelter Mutual Ins. Co.
La. Ct. App. 3d Cir. 2016
1/21/09), awarding $10,800,00 in general damages to a child for traumatic amputation of his left arm and fractures of the legs and ankles; and see Netecke v. State ex rel.
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Warren v. Shelter Mutual Insurance Co.
196 So. 3d 776
La. Ct. App. 1st Cir. 2016
1 Cir. 3/7/08) , , rev’d allocation of fault against DOTD, 08-762 (La.1/21/09), , awarding $10,800,00 in general damages to a child for traumatic amputation of his left arm and fractures of the legs and ankles; and see Netecke v. State ex rel.
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McKamey v. Carona
169 So. 3d 449
La. Ct. App. 1st Cir. 2015
Co., 10-0051 (La.11/30/10), , citing Joseph v. Broussard Rice Mill, Inc., 00-0628 (La.10/30/00), ; Forbes v. Cockerham, 08-762, 08-770 (La.1/21/09), ; Willis v. Meilleur, 11-705 (La.App.
- Eola Properties, LLC v. Bayou Jack Logging, LLC La. Ct. App. 3d Cir. 2014
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Eola Properties, L.L.C. v. Bayou Jack Logging, L.L.C.
149 So. 3d 862
La. Ct. App. 1st Cir. 2014
Such a motion should be “granted only when the evidence points so strongly in favor of the moving party that reasonable persons could not reach different conclusions.” Forbes v. Cockerham, 08-0762, 08-770, p. 30 (La.1/21/09), .
- Queen Alexander, Et Ux. v. Zachary Laborde La. Ct. App. 3d Cir. 2012
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Alexander v. Laborde
97 So. 3d 1081
La. Ct. App. 1st Cir. 2012
Forbes v. Cockerham, 08-762 (La.1/21/09), .
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Jones v. Winnebago Industries, Inc.
92 So. 3d 1113
La. Ct. App. 2d Cir. 2012
Forbes v. Cockerham, 08-0762 (La.01/21/09), .
- Crystal Smith v. Cappaert Manufactured Housing, Inc. La. Ct. App. 3d Cir. 2012
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Smith v. Cappaert Manufactured Housing, Inc.
89 So. 3d 1234
La. Ct. App. 1st Cir. 2012
rd considerable weight to an administrative agency’s construction and interpretation of its rules and regulations adopted under a statutory scheme that the agency is entrusted to administer, and its construction and interpretation should control unless they are found to be arbitrary, capricious, or manifestly contrary to its rules and regulations.” Forbes v. Cockerham, 08-762, p. 33 (La.1/21/09), .
- Roger Vestal v. Cynthia D. Kirkland La. Ct. App. 3d Cir. 2011
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Vestal v. Kirkland
81 So. 3d 748
La. Ct. App. 1st Cir. 2011
Louisiana Code of Civil Procedure Article 1811 provides for the trial court’s use of a JNOV as being “warranted when the facts and inferences point so strongly and overwhelmingly in favor of one party that the trial court believes that reasonable persons could not arrive at a contrary verdict.” Forbes v. Cockerham, 08-762, p. 30 (La.1/21/09), .
- Jennifer Thibodeaux v. Bill Comeaux La. Ct. App. 3d Cir. 2011
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Thibodeaux v. Comeaux
69 So. 3d 674
La. Ct. App. 1st Cir. 2011
DISCUSSION DOTD’S LIABILITY “DOTD has a duty to maintain the public roadways, including adjacent shoulders and areas in the DOTD’s right-of-way, in a condition that, is reasonably safe and does not present an unreasonable risk of harm to the motoring public exercising 1 r,ordinary care and reasonable prudence.” Forbes v. Cockerham, 08-762, 08-770, p. 31 (La.1/21/09), .
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Wooley v. Lucksinger
61 So. 3d 507
La. 2011
The standard of review for a JNOV was described in Forbes v. Cockerham, 2008-0762 p. 31 (La.1/21/09), .
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Walker v. Louisiana Department of Transportation & Development
61 So. 3d 699
La. Ct. App. 5th Cir. 2011
Forbes v. Cockerham, 08-0762 (La.1/21/09), .
- Shawn Shelton v. Wal-Mart Louisiana, LLC La. Ct. App. 3d Cir. 2010
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Shelton v. WAL-MART LOUISIANA, LLC
28 So. 3d 1241
La. Ct. App. 1st Cir. 2010
Louisiana Code of Civil Procedure Article 1811 2 provides for the trial court’s use of a JNOV, which “is warranted when the facts and inferences point so strongly and overwhelmingly in favor of one party that the trial court believes that reasonable persons could not arrive at a contrary verdict.” Forbes v. Cockerham, 08-762, p. 30 (La.1/21/09), .
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Ebarb v. WILLIS KNIGHTON MEDICAL CENTER
33 So. 3d 203
La. Ct. App. 2d Cir. 2010
Forbes v. Cockerham, 2008-0762 (La.1/21/09), , and citations therein.
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Daigle v. Parish of Jefferson
30 So. 3d 55
La. Ct. App. 5th Cir. 2009
In fact, the vice or defect must be of such a nature as to constitute a dangerous condition that would be reasonably expected to cause injury to a prudent person using ordinary care under the circumstances.” Forbes v. Cockerham, 08-0762 c/w 08-0770 p. 33, (La.1/21/09), .
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Goza v. Parish of West Baton Rouge
21 So. 3d 320
La. Ct. App. 1st Cir. 2009
Cf Forbes v. Cockerham, 08-0762 (La.1/21/09), .
- Seal v. FLORIDA GAS TRANSMISSION COMPANY 17 So. 3d 517 La. Ct. App. 1st Cir. 2009
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Stewart v. State ex rel. Department of Transportation & Development
9 So. 3d 957
La. Ct. App. 1st Cir. 2009
In fact, the vice or defect must be of such a nature as to constitute a dangerous condition that would be reasonably expected to cause injury to a prudent person using ordinary care under the circumstances.” Forbes v. Cockerham, et al., 08-0762 c/w 08-0770 (La.1/21/09), .