Cited by

Opinions in Louisiana that cite Marquette Casualty Company v. Brown, 103 So. 2d 269.

49 citing documents.

Melvin Guidry and Triege Guidry v. Abc Trucking Company La. Ct. App. 3d Cir. 2019
Guidry v. Abc Trucking Co. 269 So. 3d 965 La. Ct. App. 1st Cir. 2019
Co. v. Brown , , 253-54, , 272-73 (1958).
Louisiana Workers' Compensation Corp. v. Gilligan 150 So. 3d 482 La. Ct. App. 2d Cir. 2014
(1958), wherein the court stated that the right of reimbursement by a workers’ compensation insurer is: conditioned upon the basic right of the employee to recover damages and, according to R.S.
Louisiana Workers' Compensation Corp. v. Landry 92 So. 3d 1018 La. Ct. App. 1st Cir. 2012
Legros v. Westlake Polymers Corp. 704 So. 2d 876 La. Ct. App. 1st Cir. 1997
(1958), “though the compensation paying employer is given the preferential right to reimbursement out of the judgment, recovery is necessarily restricted to the framount for which the tortfeasor is liable to the injured employee for the consequences of his wrongful act.” We recognize that Moo
Martin v. Louisiana Farm Bureau Cas. Ins. 628 So. 2d 1213 La. Ct. App. 3d Cir. 1993
(1958); and American Indemnity Co. v. New York Fire & Marine Underwriters, Inc., (La.App.
Bustamento v. Tucker 607 So. 2d 532 La. 1992
-48 , (1958) (noting that "to determine ...
Criticized Great SW Fire Ins. Co. v. CNA Ins. Companies 557 So. 2d 966 La. 1990
(1958); Forcum-James Co. v. Duke Transportation Co., 231 La.
McClelland v. Jarrell's, Inc. 493 So. 2d 762 La. Ct. App. 2d Cir. 1986
Marquette Casualty Company v. Brown, [ , ] supra; Luke v. Caddo Transfer & Warehouse Co., 11 La.App.
Deculus v. Augenstein Construction Co. 425 So. 2d 315 La. Ct. App. 1st Cir. 1982
(1958) the Louisiana Supreme Court was faced with a similar situation as the present ease.
Roche v. Big Moose Oil Field Truck Service 381 So. 2d 396 La. 1980
(Orl.La.App., 1951); , (1957); National Surety Corporation v. Standard Accident Insurance Company, 247 La.
Allstate Ins. Co. v. Theriot 376 So. 2d 950 La. 1979
Roche v. Big Moose Oilfield Truck Services, Inc. 371 So. 2d 1374 La. Ct. App. 3d Cir. 1979
1951); , (1957); National Surety Corporation v. Standard Accident Insurance Company, 247 La.
Thomas v. W & W CLARKLIFT, INC. 365 So. 2d 913 La. Ct. App. 4th Cir. 1979
539 (1922) , (1958) and Edward Levy Metals, Inc. v. New Orleans Pub.
Gentry v. Pugh 362 So. 2d 1154 La. Ct. App. 2d Cir. 1978
Lott v. Haley 363 So. 2d 1270 La. Ct. App. 4th Cir. 1978
Liberty Mut. Ins. Co. v. Brawner 353 So. 2d 487 La. Ct. App. 3d Cir. 1977
The Fourth Circuit found that the case with which it was confronted was governed by Marquette Casualty Co. v. Brown, 1958, , .
Allstate Ins. Co. v. Louisiana Gas Serv. Co. 344 So. 2d 386 La. Ct. App. 4th Cir. 1977
Marquette Casualty Company v. Brown [ , ], supra; Lewis v. Republic Supply Co., La.App., .
Johnson v. MARVIN CUTER CONTRACTOR, INC. 348 So. 2d 1256 La. Ct. App. 2d Cir. 1977
Whether the response is to be made through an action brought by the employee or by his employer as subrogee affects neither his rights nor his obligations.'" , (1958).
Duhon v. Saloom 323 So. 2d 202 La. Ct. App. 3d Cir. 1976
denied at La., ; , (1958); Luke v. Caddo Transfer and Warehouse Company, 11 La.App.
Northwest Ins. Co. v. Pulmosan Safety Equipment Corp. 321 So. 2d 791 La. Ct. App. 4th Cir. 1975
23:1101, the demand is tort-subrogation and there is no right to quasi-contractual indemnity against third party tortfeasors; Marquette Casualty Co. v. Brown, 1958, , 103 So.
United States Fire Insurance Company v. Lawson 317 So. 2d 217 La. Ct. App. 4th Cir. 1975
Compton v. North River Insurance Company 281 So. 2d 848 La. Ct. App. 1st Cir. 1973
(Todd-Johnson Dry Docks v. City of New Orleans, 55 So.2d at 656 ) , (1958), commenting as follows: "In addition, whenever a suit is brought against the tortfeasor by either the employer or the injured employee, the statute requires that the plaintiff give notice to the other interested party.
W. CHRISTIAN v. Daniell Battery Manufacturing Co., Inc. 279 So. 2d 214 La. Ct. App. 2d Cir. 1973
Marquette Casualty Company v. Brown [ , (1958)].
Philip R. Farnsworth & Co. v. State, Department of Highways 277 So. 2d 500 La. Ct. App. 2d Cir. 1973
Edward Levy Metals, Inc. v. New Orleans Public Belt Railroad, supra; , (1958); Appalachian *504 Corporation v. Brooklyn Cooperage Co., 151 La.
Harris v. Huval Baking Company 265 So. 2d 783 La. Ct. App. 3d Cir. 1972
See also: , (1958); and American Indemnity Co. v. New York Fire & Marine Underwriters, Inc., 196 So.
Vidrine v. Michigan Millers Mutual Insurance Co. 268 So. 2d 233 La. 1972
(1968), we summarized as follows the employer’s rights to indemnification by-reason of the statutory provisions here applicable : “Considering the provisions of R.S.
Allen v. Delta Match Corp. 250 So. 2d 563 La. Ct. App. 1st Cir. 1971
(1958) wherein it is stated that the Louisiana law recognizes the substantive right of indemnity among those who may be characterized as joint tort-feasors at least in the sense that action by each has constituted a breach of some legal duty resulting in harm.
Kegler's Inc. v. Levy 239 So. 2d 450 La. Ct. App. 4th Cir. 1970
539 , or that, having an elective remedy in either tort or quasi contract, , .
Mid-States Ins. v. Fireman's Fund Ins. 240 So. 2d 908 La. Ct. App. 1st Cir. 1970
The Louisiana Supreme Court has stated, one tort (i. e., negligence) constitutes one cause of action, , (1958).
Duhon v. Boustany 239 So. 2d 180 La. Ct. App. 3d Cir. 1970
Luke v. Caddo Transfer & Warehouse Company, 11 La.App.
Carlisle v. Employers Mutuals of Wausau 220 So. 2d 152 La. Ct. App. 1st Cir. 1969
right to share in the award [emphasis ours] which the injured employee is entitled to recover upon his own cause of action for his own personal injuries.” The injured workman’s employer is accorded, out of the judgment for damages which may be assessed against the tort feasor, the amount he has paid, or become obligated to pay, to or for the injured employee ( , ).
American Security Insurance v. Insurance Co. of North America 220 So. 2d 163 La. Ct. App. 1st Cir. 1969
Marquette Casualty Company v. Brown, [ , ] supra; Lewis v. Republic Supply Co., La.App., .
Thomas v. Matthews Lumber Co. of Mansfield, Inc. 215 So. 2d 832 La. 1968
* * * ’ The decisions, therefore, are inapposite.” (Italics ours) Concededly, , which might be considered as tending to support Maryland’s argument.
Butler v. Fidelity & Casualty Co. of New York 207 So. 2d 805 La. Ct. App. 1st Cir. 1968
Marquette Casualty Company v. Brown, supra, , ; Luke v. Caddo Transfer & Warehouse Co., 11 La.App.
Minyard v. Curtis Products, Inc. 205 So. 2d 422 La. 1967
713 , (1960); , (1958); Forcum-James Co. v. Duke Transportation Co., 231 La.
Thomas v. Matthews Lumber Co. of Mansfield 201 So. 2d 357 La. Ct. App. 1st Cir. 1967
* * * ’ The decisions, therefore, are inapposite.” , (1958) is controlling on the issue of quantum.
Carona v. Radwin 195 So. 2d 465 La. Ct. App. 4th Cir. 1967
Marquette Casualty Company v. Brown, [ , ,] supra; Lewis v. Republic Supply Co., La.App., .
Lucas v. Commercial Union Insurance Company 198 So. 2d 560 La. Ct. App. 1st Cir. 1967
Defendants maintain, however, the prescription provided by the applicable codal articles runs from the date on which the damage is inflicted, which means the date of the accident, , , and Brown v. Crown Zellerbach Co., La.App., .
Hebert v. Blankenship 187 So. 2d 798 La. Ct. App. 3d Cir. 1966
Under this rationale, the decedent's wrongful death created a single cause of action, , , for which all persons jointly negligent are solidarily bound, LSA-C.C.
National Surety Corp. v. Standard Accident Ins. Co. 175 So. 2d 263 La. 1965
this Court held: "Considering the provisions of R.S.
National Surety Corp. v. Standard Accident Insurance 175 So. 2d 263 La. 1965
this Court held: • “Considering the provisions of R.S.
Andrus v. Security Insurance Company of New Haven 161 So. 2d 113 La. Ct. App. 3d Cir. 1964
As stated by our Supreme Court, , , 271: "* * * [T]here is but one cause of action recognized for the recovery of damages resulting from a single tort.
Lewis v. Republic Supply Co. 155 So. 2d 200 La. Ct. App. 1st Cir. 1963
539 ; , ; and Edward Levy Metals, Inc. v. New Orleans Pub.
Sharp v. Massey-Ferguson, Inc. 153 So. 2d 508 La. Ct. App. 1st Cir. 1963
860 , , the Supreme Court made the following observation in reference to prescription applicable to one seeking indemnification: “ , (1958), we analyzed the Appalachian decision and found that the action there was for indemnification.
Edward Levy Metals, Inc. v. New Orleans Public Belt Railroad 148 So. 2d 580 La. 1963
The obligation of the defendant to Lincoln (the injured party), was that of a tort-feasor, ivhereas its obligation to the plaintiff is for reimbursement of money paid for or on its behalf, which under the law the defendant was liable for and should have paid.” , (1958), we analyzed the Appalachian decision and found that the action there was for indemnification.
Mayon v. Delta Well Logging Service, Inc. 127 So. 2d 16 La. Ct. App. 1st Cir. 1961
158 and Marquette Casualty Company vs. Brown, , , 1958 the plea of prescription of one year is good and should be maintained, * * * It was in the lower court, and is, on this appeal, the contention of the appellees that under our Compensation Act and especially LSA-R.S.
Edwards v. Employers Casualty Co. 121 So. 2d 540 La. Ct. App. 1st Cir. 1960
Thus, though the compensation paying employer is given the preferential right to reimbursement out of the judgment, recovery is necessarily restricted to the amount for which the tortfeasor is liable to the injured employee for the consequences of his wrongful act.” Marquette Casualty Company v. Brown, 1958, , .
Brown v. Crown Zellerbach Corp. 112 So. 2d 150 La. Ct. App. 1st Cir. 1959
Thus, in the recent decision of the Supreme Court in Marquette Casualty Company vs. Brown, 1958, , , it was held that only one action ex delicto may be instituted by either the employer or the employee against an alleged negligent party and that when one has been instituted, the other party, whether it be employer or employee, is thereafter precluded from bringing a separate suit in tort.