Cited by

Opinions in Louisiana that cite Wise v. Prescott, 151 So. 2d 356.

86 citing documents.

Hope Dauzat v. Avoyelles Parish School Board La. Ct. App. 3d Cir. 2012
270, (1968); So.2d 356 (1963); Hopkins v. New Orleans Ry.
Dauzat ex rel. Bradford v. Avoyelles Parish School Board 86 So. 3d 160 La. Ct. App. 1st Cir. 2012
270 , (1968); , (1963); Hopkins v. New Orleans Ry.
Edward Signal, Jr. v. Jared Romero La. Ct. App. 3d Cir. 2010
In Wise v. Prescott, 244 La.157, (1963), the supreme court recognized that a “rush release” has a high potential of error because it is obtained within a very short time of the accident.
SIGNAL v. Romero 32 So. 3d 1126 La. Ct. App. 1st Cir. 2010
(1963), the supreme court recognized that a “rush release” has a high potential of error because it is obtained within a very short time of the accident.
Randall v. Martin 868 So. 2d 913 La. Ct. App. 5th Cir. 2004
(1963), wherein the court invalidated a release which was signed within 24 hours of a plaintiff's accident.
Amos v. St. Martin Parish School Bd. 773 So. 2d 300 La. Ct. App. 3d Cir. 2000
270 , (1968); , (1963); Hopkins v. New Orleans Ry.
Parker v. Southwestern Offshore Corp. 763 So. 2d 638 La. Ct. App. 2d Cir. 1999
Jones v. Hyatt Corp. of Delaware 681 So. 2d 381 La. Ct. App. 4th Cir. 1996
(1963); Gross v. Teche Lines, 207 La.
Shepherd v. Allstate Ins. Co. 562 So. 2d 1099 La. Ct. App. 4th Cir. 1990
Favorite v. Regional Transit Authority 552 So. 2d 487 La. Ct. App. 4th Cir. 1989
Muse v. New Orleans Public Service, Inc. 546 So. 2d 506 La. Ct. App. 1st Cir. 1989
Alarcon v. Aetna Cas. and Sur. Co. 538 So. 2d 696 La. Ct. App. 5th Cir. 1989
See also Alexander v. Qwik Change Car Center, Inc., , (1963); (La.
Higgins v. Spencer 531 So. 2d 768 La. Ct. App. 1st Cir. 1988
356 , Bergeron v. Port Allen Mortuary, Inc., 248 La.
Shorts v. New Orleans Public Service, Inc. 522 So. 2d 1265 La. Ct. App. 1st Cir. 1988
Schwamb v. Delta Air Lines, Inc. 516 So. 2d 452 La. Ct. App. 1st Cir. 1987
Stone v. State Farm Mutual Automobile Insurance Co. 501 So. 2d 852 La. Ct. App. 1st Cir. 1987
Butler v. New Orleans Public Service, Inc. 474 So. 2d 489 La. Ct. App. 1st Cir. 1985
(1963); Gross v. Teche Lines, 207 La.
Weir v. Gasper 459 So. 2d 655 La. Ct. App. 4th Cir. 1984
Borden, Inc. v. Howard Trucking Co., Inc. 454 So. 2d 1081 La. 1984
See also Alexander v. Qwik Change Car Center, Inc., , (1963); (La.App.
Audubon Ins. Co. v. Farr 453 So. 2d 232 La. 1984
Muse v. New Orleans Public Service, Inc. 449 So. 2d 164 La. Ct. App. 4th Cir. 1984
(1963); McDermott v. New Orleans Public Service, Inc., (La.App.
Whitehead v. New Orleans Public Service, Inc. 442 So. 2d 802 La. Ct. App. 1st Cir. 1983
(1963) and Trask v. New Orleans Public Service, Inc., supra.
Ageous v. Allstate Insurance Co. 442 So. 2d 812 La. Ct. App. 1st Cir. 1983
which holds that a fare-paying passenger’s failure to reach his destination safely establishes a prima facie case of negligence against the carrier, from which it can exculpate itself only by clear and convincing proof that it was not guilty of even the slightest negligent act.
Anderson v. New Orleans Public Service Inc. 433 So. 2d 872 La. Ct. App. 4th Cir. 1983
Fabio v. New Orleans Public Service, Inc. 429 So. 2d 875 La. Ct. App. 4th Cir. 1983
the Supreme Court spelled out the standard of care required of a public carrier and explained what that carrier must show in order to rebut a prima facie case of negligence when a passenger has been injured.
DeClouet v. New Orleans Public Service, Inc. 434 So. 2d 130 La. Ct. App. 4th Cir. 1983
I dissent for the reasons assigned by Gulotta, J. NOTES [1] See Carter v. New Orleans Public Service, Inc., , (La.App.
Lee v. New Orleans Public Service, Inc. 423 So. 2d 748 La. Ct. App. 1st Cir. 1982
Galland v. New Orleans Public Service, Inc., , (1963).
Trask v. New Orleans Public Service, Inc. 422 So. 2d 1285 La. Ct. App. 4th Cir. 1982
Burnell v. Sportran Transit System Co. 421 So. 2d 1199 La. Ct. App. 2d Cir. 1982
Cardoza v. New Orleans Public Service, Inc. 420 So. 2d 756 La. Ct. App. 1st Cir. 1982
NOPSI, as a common carrier operating a public conveyance, is charged with the “highest degree of vigilance, care and precaution for the safety of those it undertakes to transport and is liable for the slightest negligence.”
McDermott v. New Orleans Public Service, Inc. 420 So. 2d 993 La. Ct. App. 4th Cir. 1982
(1963): The mere showing of injury to a fare-paying passenger on a public conveyance and his failure to reach his destination safely establishes a prima facie case of negligence and imposes the burden on the carrier of convincingly overcoming such case.
Walton v. New Orleans Public Service, Inc. 413 So. 2d 527 La. Ct. App. 4th Cir. 1982
Rodriguez v. New Orleans Public Serv., Inc. 400 So. 2d 884 La. 1981
See also Galland v. New Orleans Public Service, Inc., , (1963).
Duplessis v. New Orleans Public Service Inc. 396 So. 2d 449 La. Ct. App. 1st Cir. 1981
(1963); Gross v. Teche Lines, 207 La.
Salles v. State Farm Mutual Auto. Insurance Co. 395 So. 2d 942 La. Ct. App. 1st Cir. 1981
s case, despite the fact that Mrs. Savoy observed the approaching motorist, the Pace vehicle, rather than comply with the admonition given to her by the presence of the amber light and exercising caution, her action consisted in accelerating her vehicle and colliding with the Pace vehicle when she could have avoided the accident simply by stopping her car.’ (emphasis added) In Wise v. Prescott, [ , ] supra, the driver of a bus on a right-of-way street, who was confronted with a ‘slow sign’ at an
Smith v. New Orleans Public Serv., Inc. 391 So. 2d 962 La. Ct. App. 4th Cir. 1980
Vaughn v. New Orleans Public Service, Inc., (4th Cir. 1975).
Rodriguez v. New Orleans Public Service, Inc. 400 So. 2d 917 La. Ct. App. 4th Cir. 1980
(1963); Galland v. New Orleans Public Service, Inc.
Roussel v. New Orleans Public Service, Inc. 385 So. 2d 479 La. Ct. App. 1st Cir. 1980
Comeaux v. Greyhound Lines, Inc. 381 So. 2d 910 La. Ct. App. 1st Cir. 1980
In Davis , the court quoted with approval the following language from its opinion in the earlier case of *912 , (1963), concerning the duty imposed on public carriers: “ ‘The mere showing of injury to a fare-paying passenger on a public conveyance and his failure to reach his destination safely establishes a prima facie case of negligence and imposes the burden on the carrier of convincingly overcoming such case
Smith v. Willis-Gertrude-Geddes Funeral Homes, Inc. 380 So. 2d 752 La. Ct. App. 1st Cir. 1980
(1963); Higgins v. New Orleans Public Serv., Inc., (La.App.
Galland v. NEW ORLEANS PUB. SERVICE, INC. 377 So. 2d 84 La. 1979
(1963); Gross v. Teche Lines, 207 La.
Galland v. New Orleans Public Service, Inc. 370 So. 2d 610 La. Ct. App. 1st Cir. 1979
1 See, for example, , (1963).
Campbell v. New Orleans Public Service, Inc. 369 So. 2d 733 La. Ct. App. 4th Cir. 1979
(1963); Duplessis v. New Orleans Public Service, Inc., (La.App.
Davis v. Owen 368 So. 2d 1052 La. 1979
Ellizey v. New Orleans Public Service, Inc. 365 So. 2d 10 La. Ct. App. 1st Cir. 1978
Duplessis v. NEW ORLEANS PUBLIC SERV. INC. 354 So. 2d 768 La. Ct. App. 4th Cir. 1978
NOTES [1] , ; Gross v. Teche Lines, 207 La.
Orr v. New Orleans Public Service, Inc. 349 So. 2d 417 La. Ct. App. 4th Cir. 1977
[3] , ; Gross v. Teche Lines, supra, note 2; Higgins v. New Orleans Public Service, Inc., La.App., , handed down June 30, 1977; Aime v. Hebert, La.App., ; Fontenot v. Fidelity General Insurance Company, La.App., .
Campo v. George 347 So. 2d 324 La. Ct. App. 4th Cir. 1977
NOTES [1] , ; Gross v. Teche Lines, Inc., 207 La.
Simms v. Estridge 346 So. 2d 300 La. Ct. App. 4th Cir. 1977
(1963); Vaughn v. New Orleans Public Service, Inc., (La.App.
Williams v. Morris 343 So. 2d 373 La. Ct. App. 1st Cir. 1977
Plaintiff urges the application of the rule governing the liability of a , (1963).