Cited by
Opinions in Louisiana that cite Commercial Standard Insurance Company v. Johnson, 82 So. 2d 8.
- Stephens v. State Through Dept. of Transp. 440 So. 2d 920 La. Ct. App. 2d Cir. 1983
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Breaux v. Roy Young, Inc.
397 So. 2d 1384
La. Ct. App. 3d Cir. 1981
1038 , (1961), , (1955).
- Netterville v. Parish of East Baton Rouge 314 So. 2d 397 La. Ct. App. 1st Cir. 1975
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Mitchell v. Fowler
295 So. 2d 41
La. Ct. App. 4th Cir. 1974
1038 , (1961), , (1955).
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Smith v. Tate
289 So. 2d 189
La. Ct. App. 1st Cir. 1973
1038 , (1961), , (1955).
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McGuinness v. United Services Automobile Ass'n
275 So. 2d 485
La. Ct. App. 1st Cir. 1973
.” We believe that the accident in this case was caused by the unexpected and unforeseen “blow out” of the left rear tire of the car owned by the defendant’s insured.
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Hickman Ex Rel. Iles v. Southern Pacific Transport Co.
262 So. 2d 385
La. 1972
1038 , (1961), , (1955).
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David v. Houston Fire & Casualty Insurance Co.
242 So. 2d 1
La. Ct. App. 1st Cir. 1970
1 Cir. 1963); , (1955) ; Dane v. Canal Insurance Co., 240 La.
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Odom v. Texas Farm Products Co.
229 So. 2d 118
La. Ct. App. 2d Cir. 1969
915 , (1956); , (1955); Bourgeois v. Fidelity & Casualty Co. of New York
- Tannehill v. Roberts 216 So. 2d 656 La. Ct. App. 1st Cir. 1968
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Augello v. Call
210 So. 2d 129
La. Ct. App. 1st Cir. 1968
1038 , ; , , and Frey v. DiMaggio, La.App., .
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Davidson v. Curole
196 So. 2d 311
La. Ct. App. 1st Cir. 1966
915 , ; *314 Commercial Standard Insurance Company v. Johnson, 1955, , ; Bourgeois v. Fidelity and Casualty Company of New York, La.App.1958, ; Wiley v. Sutphin, La.App.1959, .” See also Jones v. Continental Casualty Company, supra.
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Hall Houston v. City of Shreveport
188 So. 2d 923
La. Ct. App. 1st Cir. 1966
(1955); Snodgrass v. Centanni, 229 La.
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Jaeger v. Herald
186 So. 2d 365
La. Ct. App. 4th Cir. 1966
(1955); Whitfield v. Travelers Ins.
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Waller v. King
188 So. 2d 231
La. Ct. App. 2d Cir. 1966
See, also, , (1955); Dane v. Canal Insurance Company, 240 La.
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Mire v. Birmingham Fire Insurance Co. of Pennsylvania
176 So. 2d 624
La. Ct. App. 1st Cir. 1965
2d 336 ; Breaux v. Valin, La.App., ; Higginbotham v. Frazier, La.App., ; , .
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Jackson v. Indiana Lumber Men's Mutual Insurance
175 So. 2d 349
La. Ct. App. 1st Cir. 1965
It is urgently contended by counsel for defendants that the doctrine of sudden emergency is not applicable under the facts of the instant case, and that, according to the testimony, plaintiff wife would have avoided the accident if she had continued in her proper lane of travel, , .
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Jones v. Continental Casualty Co. of Chicago, Ill.
169 So. 2d 50
La. 1964
Breaux v. Valin, La.App., ; Higginbotham v. Frazier, La.App., ; , .
- Myers v. Carolina Casualty Co. 167 So. 2d 473 La. Ct. App. 1st Cir. 1964
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Jones v. Continental Casualty Co. of Chicago
159 So. 2d 5
La. Ct. App. 1st Cir. 1963
915 , ; , ; Bourgcois v. Fidelity & Casualty Co. of New York, La.App.
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Fornea v. Lindsley-Feiber Motors Co.
152 So. 2d 313
La. Ct. App. 1st Cir. 1963
at pages 9-10, the Supreme Court said: “We are fully cognizant of the well-recognized and accepted rule that one who suddenly finds himself in a position of imminent peril, without sufficient time to consider and weigh all the circumstances or best means that may be adopted to avoid an impending danger
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Breaux v. Valin
138 So. 2d 405
La. Ct. App. 3d Cir. 1962
272 , ; Nicolle v. Gayden, La.App.
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Dane v. Canal Insurance Company
126 So. 2d 355
La. 1960
.” See also Teche Lines, Inc. v. Gorum et al., 202 La.
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Thibodeaux v. Gore
124 So. 2d 336
La. Ct. App. 3d Cir. 1960
915 , ; Commercial Standard Insurance Company v. Johnson, 1955, , ; Bourgeois *338 v. Fidelity and Casualty Company of New York, La.App.1958, ; Wiley v. Sutphin, La.App.1959, .
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Bourgeois v. Fidelity & Casualty Co. of New York
102 So. 2d 532
La. Ct. App. 1st Cir. 1958
915 , ; Commercial Standard Insurance Company v. Johnson, 1955, , ; Troy v. Lanclos, La.App.1955, ."
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Cook v. Dance
96 So. 2d 350
La. Ct. App. 1st Cir. 1957
915 , ; Commercial Standard Insurance Company v. Johnson, 1955, , ; Troy v. Landos, La.App.
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Higginbotham v. Frazier
92 So. 2d 89
La. Ct. App. 1st Cir. 1957
ddenly proceeding to obstruct plaintiff's lane, but instead from plaintiff's driver's unreasonably based and unrealized fear that Frazier's truck might obstruct his passage, then defendant Frazier's actions created no sudden emergency, as plaintiff's driver's path was unobstructed "other than by his naked anticipation of a possible collision," Commercial Standard Insurance Company *91 v. Johnson, , , at page 9.
- Snodgrass v. Centanni 87 So. 2d 127 La. 1956
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Nicolle v. Gayden
83 So. 2d 680
La. Ct. App. 1st Cir. 1955
even come onto the paved portion of the highway, we are inclined to believe that “no sudden emergency ever existed calling for any heroic measures such as would have compelled ah ordinarily prudent and careful person to have deliberately pulled * * under the prevailing circumstances then ■existing” his truck so far to the left arid onto the shoulder, , , at page 10, in a roughly similar recent case by our Supreme Court denying recovery when a truck driver pulled to a left shoulder when his path