Cited by

Opinions in Louisiana that cite Forbes v. Cockerham, 5 So. 3d 839.

38 citing documents.

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
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
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.
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.
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
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
Alexander v. Laborde 97 So. 3d 1081 La. Ct. App. 1st Cir. 2012
Forbes v. Cockerham, 08-762 (La.1/21/09), .
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
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
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
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), .
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), .
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
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), .
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.
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), .
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
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), .