Cited by

Opinions in Louisiana that cite Sizeler v. EMPLOYERS'LIABILITY ASSURANCE CORP., 102 So. 2d 326.

15 citing documents.

Mark Wightman, Doctor Of Dental Surgery; Courtney Wightman, Doctor Of Dental Surgery; Wightman La. 2022
App., (“There are, in certai n relationships, duties imposed by law, and a failure to perform these obligations is considered as a tort though the relationships themselves may be created by contract encompassing the same subject.
Jensen v. City of New Orleans ex rel. New Orleans Aviation Board 64 So. 3d 298 La. Ct. App. 4th Cir. 2011
She attempts to distinguish her case from Sizeler v. Employers’ Liability Assurance Co. and Flash v. Continental Airlines, Inc., 07-1522, 2008 WL 451061 (W.D.La.1/25/08), (unpublished), cases cited by Southwest, by stating that in those cases, the plaintiffs did not actually suffer from a breach of contract because their injuries occurred while the contract was being performed (ie.
Rivard v. Petroleum Transport Co., Inc. 663 So. 2d 755 La. Ct. App. 4th Cir. 1995
That issue was not under consideration in either Trahan or Sizeler [ v. Employer's Liability Assurance Corp., ].
Distinguished Langlinais v. Guillotte 407 So. 2d 1215 La. 1981
The Court of Appeal relied in part, in its contrary determination, (La.App.
Langlinais v. Guillotte 398 So. 2d 106 La. Ct. App. 1st Cir. 1981
and Sizeler v. Employers’ Liability Assurance Corp.
Northern Assurance Co. of America v. Waguespack 304 So. 2d 865 La. Ct. App. 4th Cir. 1974
Bean v. Texas International Airlines, Inc. 305 So. 2d 553 La. Ct. App. 1st Cir. 1974
226 ; Sizeler v. Employers’ Liability Assurance Corp., La., .
Carona v. Radwin 195 So. 2d 465 La. Ct. App. 4th Cir. 1967
Carona v. Radwin 197 So. 2d 897 La. 1967
Burch v. Hartford Accident & Indemnity Co. 172 So. 2d 165 La. Ct. App. 1st Cir. 1964
“The trial court sustained the exception of prescription on/the theory that the original petition stated a different cause of action from that filed in the second supplemental petition, and hence prescription had run, relying on Sizeler v. Employers’ Liability Assurance Corporation, Ltd.
Davis v. Le Blanc 149 So. 2d 252 La. Ct. App. 3d Cir. 1963
2 Cir., (action for injuries sustained by reason of chiropractic treatment); Sizeler v. Employers' Liability Assurance Corp., La.App.Orl., (action for personal injuries resulting from breach of contract of safe carriage by a common carrier).
Phelps v. Donaldson 142 So. 2d 585 La. Ct. App. 3d Cir. 1962
Ensminger v. Great Atlantic and Pacific Tea Co. 134 So. 2d 686 La. Ct. App. 2d Cir. 1961
86 ; Sizeler v. Employers' Liability Assurance Corporation, Ltd., La.App.Orleans, 1958, .
Vicknair v. Rapides Parish School Board 128 So. 2d 821 La. Ct. App. 1st Cir. 1961
App.] , and the- authorities cited therein which clearly hold the well established rule that a cause of action based on negligence or improper workmanship in the performance of a contract is an action in contract and not in tort.
Loew's, Incorporated v. Don George, Inc. 110 So. 2d 553 La. 1959
juries from which damages spring are generally those from injuries to persons, property, or reputation, from deceit, slander and libel, malicious prosecution, conspiracy, assault and battery, false imprisonment, seduction, trespass, conversion, infringement of patents and trade marks, damage by .animals, negligence, and offenses.” In Sizeler v. Employers’ Liability Assurance Corporation, La.App., , Writ of Certiorari denied, the able judge of the Court of Appeal stated: “There are, in certain re