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Cited by

Opinions in Louisiana that cite Duree v. Maryland Casualty Company, 114 So. 2d 594.

41 citing documents.

  • canal/claiborne, Limited v. Stonehedge Development, LLC 156 So. 3d 627 La. 2014
    (1959); Stephens v. Natchitoches School Board, 238 La.
  • Kimball v. Allstate Ins. Co. 712 So. 2d 46 La. 1998
    and Development, , (1959) and Stephens v. Natchitoches Parish School Board, 238 La.
  • Succession of Fragala 680 So. 2d 1345 La. Ct. App. 2d Cir. 1996
    Co., , (1959), that a legislative waiver of immunity from the filing of suit was not also a waiver of liability.
  • Descant v. Adm'rs of Tulane Educ. Fund 639 So. 2d 246 La. 1994
    (1959) (distinguishing between the state's immunity from liability and immunity from suit).
  • Chamberlain v. State, Through DOTD 624 So. 2d 874 La. 1993
    (1959), and Stephens v. Natchitoches Parish School Board, 238 La.
  • Revolta v. Regional Transit Authority 607 So. 2d 963 La. Ct. App. 4th Cir. 1992
  • Green v. Liberty Mut. Ins. Co. 352 So. 2d 366 La. Ct. App. 4th Cir. 1978
  • Board of Comm'rs. of Port of New Orleans v. Splendour S. & E. Co. 273 So. 2d 19 La. 1973
    (1959) and Stephens v. Natchitoches Parish School Board, 238 La.
  • Gremillion v. State ex rel. Department of Hospitals 264 So. 2d 784 La. Ct. App. 1st Cir. 1972
    (1959) and in the case of Stephens v. Natchitoches Parish School Board, 238 La.
  • Reymond v. State Ex Rel. Department of Highways 231 So. 2d 375 La. 1970
    2 The Department ■of Highways has also urged that the only ■ purpose of the 1960 amendment to Article 3, Section 35, of the Louisiana Constitution . , , and Stephens v. Natchitoches Parish School Board, 238 La.
  • Herrin v. Perry 228 So. 2d 649 La. 1969
  • Compass v. Department of Highways 224 So. 2d 102 La. Ct. App. 1st Cir. 1969
    This argument seems to be answered by the Supreme Court in Hamilton wherein it said: “It is apt to observe that the Legislature of 1960 in adopting the aforementioned proposed amendment did so with the express purpose of nullifying the effect of two decisions of this court, , , (rehearing denied October 9, 1959), and Stephens v. Natchitoches School Board, 238 La.
  • Herrin v. Perry 215 So. 2d 177 La. Ct. App. 1st Cir. 1968
    282 , in which writs of certiorari and review were refused by this Court.’ ” In 1959, two decisions of our Supreme Court, , and Stephens v. Natchitoches Parish School Board, 238 La.
  • Pierce v. Fidelity and Casualty Co. of New York 205 So. 2d 831 La. Ct. App. 1st Cir. 1967
    vision for the payment of the judgment in the authorizing resolution, the final sentence was added: "Except as otherwise specially provided in this section, the effect of any authorization by the Legislature for a suit against the State shall be nothing more than a waiver of the State's immunity from suit insofar as the suit so authorized is concerned.'" [4] , , the court pointed out that there exists a distinction between the traditional immunity of the State from suit and its long recognized i
  • Southern Construction Co. v. Housing Authority of Opelousas 189 So. 2d 454 La. Ct. App. 1st Cir. 1966
    388 , , , , in which said court held that legislative authorization to sue the state, or an agency, subdivision, or corporation thereof, in an action ex delicto constituted only a waiver of immunity from suit and not a waiver of immunity from liability for the negligence of an employee.
  • Lezina v. Fourth Jefferson Drainage District 190 So. 2d 97 La. Ct. App. 4th Cir. 1966
  • Pelloat v. Greater New Orleans Expressway Commission 175 So. 2d 656 La. Ct. App. 1st Cir. 1965
    and Stephens v. Natchitoches Parish School Bd., 238 La.
  • Hamilton v. City of Shreveport 174 So. 2d 529 La. 1965
    It is apt to observe that the Legislature of 1960 in adopting the aforementioned proposed amendment did so with the express purpose of nullifying the effect of two decisions of this court, , , (rehearing denied October 9, 1959), and Stephens v. Natchitoches School Board, 238 La.
  • Pittman Const. Co. v. Housing Auth. of New Orleans 169 So. 2d 122 La. Ct. App. 4th Cir. 1965
    ( , , and Stephens v. Natchitoches Parish School Board, 238 La.
  • Marie v. Police Jury of Parish of Terrebonne 161 So. 2d 407 La. Ct. App. 1st Cir. 1964
  • Duree v. State ex rel. Department of Institutions 162 So. 2d 201 La. Ct. App. 1st Cir. 1964
    On application by the State for writs of certiorari or review, same were granted by the Supreme Court, , , (Maryland Casualty Company was a party defendant but said claim has now been settled) reversed the judgment of the Court of Appeal and dismissed Plaintiff’s action against the State, holding the Louisiana Constitution, as then amended, permitted the Legislature to waive immunity from suit but not fro
  • Osborn Funeral Home, Inc. v. Louisiana State Board of Embalmers 149 So. 2d 225 La. Ct. App. 1st Cir. 1963
    a, relator argues that Act 27 of 1960 was an enabling statute implementing Act No. 621 of 1960, which was adopted as a constitutional amendment to Art. Ill, Section 35 of the LSA-Constitution, and that the purpose of the statute and the Constitutional amendment was plainly to cure the unsatisfactory procedural situation brought about by the decisions in Duree v. Maryland Casualty Company, et al., , (1959) and Stephens v. Natchitoches Parish School Board, 238 La.
  • Musmeci v. American Automobile Insurance Company 146 So. 2d 496 La. Ct. App. 4th Cir. 1962
    and Stephens v. Natchitoches Parish School Board, 238 La.
  • Tucker v. Marquette Casualty Co. 138 So. 2d 25 La. Ct. App. 1st Cir. 1962
    which decision was followed in Stephens v. Natchitoches Parish School Board, 238 La.
  • Terrebonne Parish School Board v. St. Mary Parish School Board 138 So. 2d 104 La. 1961
    Co., , and Stephens v. Natchitoches Parish School Board, 238 La.
  • Nash v. Rapides Parish School Board 130 So. 2d 544 La. Ct. App. 1st Cir. 1961
    and Stephens v. Natchitoches Parish School Board, 238 La.
  • Fullilove v. US Casualty Company of New York 129 So. 2d 816 La. Ct. App. 2d Cir. 1961
    While the cases were under consideration and advisement by the trial court and before the rendition of judgments, the Supreme Court, , , sustained, in that action, the position taken by the State in these cases, that is, that the legislative permission to institute an action against the State could not be construed as a waiver of the State's sovereign immunity for liability for torts of its servants; that the language of Art. III, Sec
  • Bond v. City of Baton Rouge 129 So. 2d 887 La. Ct. App. 1st Cir. 1961
    Secondly, , and Stephens v. Natchitoches Parish School Board, 238 La.
  • Franks v. City of Alexandria 128 So. 2d 310 La. Ct. App. 3d Cir. 1961
    and Stephens v. Natchitoches Parish School Board, 238 La.
  • Bernard v. State 127 So. 2d 774 La. Ct. App. 3d Cir. 1961
    1031 , ; , ; Murff v. Louisiana Highway Commission, 2 Cir., 19 La.App.
  • Pennington v. Justiss-Mears Oil Company 123 So. 2d 625 La. Ct. App. 1st Cir. 1961
    NOTES [1] This portion of our ruling was approved by the Supreme Court in denying certiorari therein, although a writ of review was granted but restricted solely to the availability of a tort recovery against the State, , .
  • Brown v. Parish of East Baton Rouge 126 So. 2d 173 La. Ct. App. 1st Cir. 1960
    and Stephens v. Natchitoches Parish School Board, 238 La.
  • Fullilove v. US Casualty Company of New York 125 So. 2d 389 La. 1960
    The State of Louisiana was dismissed from the action after trial as a , .
  • Plaisance v. Department of Highways 132 So. 2d 925 La. Ct. App. 1st Cir. 1960
    Co., , , which held that an act of the legislature authorizing a suit, although effective in waiving the traditional immunity of the state to suit, did not waive the state’s immunity from liability.
  • Fullilove v. U. S. Casualty Co. of New York 120 So. 2d 285 La. Ct. App. 1st Cir. 1960
    Also, the State of Louisiana was dismissed as a , .
  • Hightower v. Dr. Pepper Bottling Co. of Shreveport 117 So. 2d 642 La. Ct. App. 2d Cir. 1960
    Under the recently pronounced determination of such question, , , the judgment of this court was reversed.
  • Toppi v. Arbour 119 So. 2d 621 La. Ct. App. 1st Cir. 1960
    Co., , and Stephens v. Natchitoches Parish School Board, 238 La.
  • Bryant v. Ouachita Coca-Cola Bottling Company 117 So. 2d 919 La. 1960
    Co, , ; Bartholomaus v. H. G. Hill Stores, La.App, ; Kientz v. Charles Dennery, supra.
  • Turner v. Insurance Co. of State of Pennsylvania 117 So. 2d 657 La. Ct. App. 1st Cir. 1960
    During the course of the trial an exception of no cause or right of action filed on behalf of defendant, State of Louisiana, was sustained by the trial court on the authority of Duree v. Maryland Casualty Company, 1959, , , and plaintiff’s demands against that defendant were dismissed.
  • Cotton v. Bossier Parish School Board 117 So. 2d 682 La. Ct. App. 1st Cir. 1960
    in which the Supreme Court held that an act of the Legislature authorizing a suit, though effective in waiving the traditional immunity of the sovereign authority of the State from suit, did not serve to waive the State’s immunity to liability.
  • Stephens v. Natchitoches Parish School Board 115 So. 2d 793 La. 1959
    Moreover, in a recent decision by this court in the case of Duree v. Maryland Casualty Co., 3 , , a contrary' conclusion was reached.