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Cited by

Opinions in Louisiana that cite Williams v. Marionneaux, 124 So. 2d 919.

65 citing documents.

  • Jeffery J. Baudoin v. Carlos Ramirez Montoya La. Ct. App. 3d Cir. 2008
    From the viewpoint of the victim, the employer and the employee are solidary obligors.” the supreme court held that the derivative nature of the employer’s liability did not preclude recovery against it even though the employee had been released.
  • Baudoin v. Montoya 974 So. 2d 877 La. Ct. App. 3d Cir. 2008
    (1960), the supreme court held that the derivative *880 nature of the employer's liability did not preclude recovery against it even though the employee had been released.
  • Certain Underwriters at Lloyd's v. Sea-Lar Management, Inc. 787 So. 2d 1069 La. Ct. App. 4th Cir. 2001
    When faced with an analogous situation in Williams v. Marionneaux, *1079 , 240 La.
  • Etienne v. National Auto. Ins. Co. 759 So. 2d 51 La. 2000
    Although summary judgment was granted, this court reversed, holding the plaintiff's release of the employee from suit did not preclude recovery against the remaining employer, , (1960).
  • Smith v. Dow Chemical Co. 635 So. 2d 325 La. Ct. App. 1st Cir. 1994
    (1960), overruled on other grounds
  • Comeaux v. Roy 517 So. 2d 1090 La. Ct. App. 1st Cir. 1987
  • Finley v. Bass 478 So. 2d 608 La. Ct. App. 2d Cir. 1985
  • Lenard v. State, Department of Public Safety, Driver's Licence Division 437 So. 2d 954 La. Ct. App. 2d Cir. 1983
  • Johnson v. Alexander 406 So. 2d 1378 La. Ct. App. 3d Cir. 1981
    (1960); Caldwell v. Montgomery Ward & *1387 Co., Inc., (La.App.
  • Kern v. Travelers Ins. Co. 407 So. 2d 2 La. Ct. App. 4th Cir. 1981
    (1960) considered whether a plaintiff, after settling with the tort-feasor and reserving his rights, can proceed against the tort-feasor's employer.
  • Carpenter v. Travelers Ins. Co. 402 So. 2d 282 La. Ct. App. 3d Cir. 1981
  • Sampay v. Morton Salt Co. 395 So. 2d 326 La. 1981
  • Sampay v. Morton Salt Co. 388 So. 2d 62 La. Ct. App. 1st Cir. 1980
    and Caldwell v. Montgomey Ward & Company, Inc.
  • Esta v. Dover Corp. 385 So. 2d 439 La. Ct. App. 1st Cir. 1980
    (1960), holds that a settlement with the agent or employee releases not only the agent-employee, but releases the employer who is only vicariously or secondarily liable under the doctrine of respondeat superior, even though the plaintiff reserves his rights against the employer and his insurer in the c
  • Franklin v. Haughton Timber Co. 377 So. 2d 400 La. Ct. App. 2d Cir. 1980
    (1960); Caldwell v. Montgomery Ward & Co., Inc., (La.App.
  • Brown v. New Orleans Public Service, Inc. 376 So. 2d 176 La. Ct. App. 1st Cir. 1979
    See Williams v. Marionneaux, 1960, , .
  • Thomas v. W & W CLARKLIFT, INC. 365 So. 2d 913 La. Ct. App. 4th Cir. 1979
    483 , (1969); , (1960)."
  • Stansbury v. Hover 366 So. 2d 918 La. Ct. App. 1st Cir. 1978
  • Marchand v. Armstrong 354 So. 2d 581 La. Ct. App. 1st Cir. 1977
    (1960), the Supreme Court in a footnote stated evidence admitted without objection enlarged the pleadings and might be considered in a no cause of action ruling as well as in a trial on the merits.
  • Distinguished Richardson v. Darby 352 So. 2d 725 La. Ct. App. 1st Cir. 1977
    (1960), cited in support of this proposition, is distinguishable in that the claimant therein released a vicariously liable employer by entering into a compromise with the employee-tortfeasor.
  • Gauthreaux v. Travelers Ins. Co. 348 So. 2d 737 La. Ct. App. 1st Cir. 1977
  • Jinks v. McClure 344 So. 2d 675 La. Ct. App. 3d Cir. 1977
    art. 2318; , (1960); Bewley Furniture Co.
  • Brown v. Globe Tool & Engineering Co. 337 So. 2d 894 La. Ct. App. 4th Cir. 1976
    (1960) the Supreme Court discussed the Muntz and McKnight cases and stated that while the essential elements of res judicata were missing, the correct result had been reached and a plea of judicial estoppel would have been appropriate procedurally.
  • Pettis v. State Department of Hospitals 336 So. 2d 521 La. Ct. App. 3d Cir. 1976
    (1960); Caldwell v. Montgomery Ward & Company Inc., 34 L.L.R.
  • Honeycutt v. Town of Boyce 327 So. 2d 154 La. Ct. App. 3d Cir. 1976
  • Charouleau v. CHARITY HOSPITAL OF LA. AT NEW ORLEANS 319 So. 2d 464 La. Ct. App. 4th Cir. 1975
    (1960), wherein the Supreme Court stated: "This release, in our view, not only operated to discharge Blanchard [employee] as the party primarily responsible; it effected a complete release of Marionneaux, [employer] who was only secondarily liable.
  • Washington v. Degelos 312 So. 2d 918 La. Ct. App. 1st Cir. 1975
  • Baker v. Wheless Drilling Company 303 So. 2d 511 La. Ct. App. 2d Cir. 1975
    (1960) the court expressed the opinion "that a plaintiff's cause of action abates against the person secondarily liable when it is shown that he has already litigated with the tortfeasor or tortfeasors and they have been held to be without fault" and "[a]ccordingly, a plea in bar of judicial estoppel w
  • Berger v. Fireman's Fund Insurance Company 305 So. 2d 724 La. Ct. App. 4th Cir. 1974
    Appalachian Corporation v. Brooklyn Cooperage Co., 151 La.
  • Olsen Engineering Corp. v. Hudson Engineering Corp. 289 So. 2d 346 La. Ct. App. 1st Cir. 1974
    App.1953), writ denied February 15, 1954; , (1960) in support of that contention.
  • Barnett v. Develle 289 So. 2d 129 La. 1974
    688 ; McKnight v. State, La.App., ; , ; Cauefield v. Fidelity & Casualty Co. of N. Y., 5 Cir., 378 F.2d 876 ; Breeland v. Security Insurance Co. of New Haven, Conn., 5 Cir., 421 F.2d 918 ; California Co. v. Price, 234 La.
  • Valence v. State 280 So. 2d 651 La. Ct. App. 1st Cir. 1973
    The trial court in support of its conclusion that the State of Louisiana is responsible under the doctrine of respondeat superior, cited: Article 2320 of the Louisiana Civil Code; Webb v. State, La.App., (1956); , (1960).
  • Bordelon v. Landry 278 So. 2d 173 La. Ct. App. 4th Cir. 1973
    the Supreme Court approved the result reached by the Court of Appeal in the McKnight case, but said the case should have been decided on the basis of judicial estoppel as a "plea in bar" rather than on the basis of res judicata.
  • Wooten v. Wimberly 272 So. 2d 303 La. 1973
  • Caldwell v. Montgomery Ward & Company, Inc. 271 So. 2d 363 La. Ct. App. 2d Cir. 1972
  • Legendre v. Hill 263 So. 2d 25 La. 1972
    53 , (1948), , (1960), although the latter case did not involve a plea of prescription.
  • Wooten v. Wimberly 254 So. 2d 120 La. Ct. App. 1st Cir. 1971
  • Hooper v. Wilkinson 252 So. 2d 137 La. Ct. App. 3d Cir. 1971
    Appellants argue that unless there is independent negligence on the part of an employer, it cannot be considered a solidary obligor with its employee, , ; and Little v. State Farm Mutual Automobile Ins.
  • Jobe v. Hodge 218 So. 2d 566 La. 1969
    And, since an employer is entitled to indemnity from his employee who causes him damage ( , (1960)), and an obligor in solido is entitled to contribution from his co-obligor (Civil Code art. 2103), if the jury should find the policemen-employees to be not liable to plaintiffs, and the judge should find the Village-employer to be liable to plaintiffs, could the Village get indemnity or contrib
  • Hollier v. Fontenot 216 So. 2d 842 La. Ct. App. 3d Cir. 1968
    the technical difference in the demands, the requisite identity of action required for res judicata may not apply, Hollier v. Fontenot, La.App., 3d Cir., , nevertheless the widow has no cause of action to assert a claim already adjudicated adversely to her (by reason of the principle sometimes loosely referred to in Louisiana decisions as judicial estoppel, , , discussed by the late Dean McMahon, 22 La.L.Rev.
  • Minyard v. Curtis Products, Inc. 205 So. 2d 422 La. 1967
    (1960); Marquette Casualty Co. v. Brown, 235 La.
  • Foster v. McLain 198 So. 2d 463 La. Ct. App. 3d Cir. 1967
    App.3d Cir. 1964, Writ refused); , (1960); Rheuark v. Terminal Mud and Chemical Co., 213 La.
  • American Insurance Co. v. Hartford Acc. & Indem. Co. 198 So. 2d 757 La. Ct. App. 1st Cir. 1967
    51 , ; , ; Breaux v. Pan American Petroleum Corp., La.App., .
  • Gros v. Steen Production Service, Inc. 197 So. 2d 356 La. Ct. App. 4th Cir. 1967
  • Johnson v. Dabbs 194 So. 2d 816 La. Ct. App. 1st Cir. 1967
  • DeLaune v. Lousteau 193 So. 2d 907 La. Ct. App. 1st Cir. 1966
  • Hebert v. Blankenship 187 So. 2d 798 La. Ct. App. 3d Cir. 1966
  • Coates Equipment & Service, Inc. v. Glover 181 So. 2d 455 La. Ct. App. 1st Cir. 1965
  • Quinette v. Delhommer 176 So. 2d 399 La. 1965
    Tucker v. New Orleans Launderies, Inc., 238 La.
  • Quinette v. Delhommer 176 So. 2d 399 La. 1965
    NOTES [1] , ; Tucker v. New Orleans Launderies, Inc., 238 La.