Cited by
Opinions in Louisiana that cite Langlois v. Allied Chemical Corporation, 249 So. 2d 133.
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McInnis v. Fireman's Fund Insurance Company
322 So. 2d 155
La. 1975
(1971): The determination of whether a plaintiff has assumed a risk is made by subjective inquiry, whereas contributory negligence is determined objectively under the reasonable man standard.
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Simmons v. Beauregard Parish School Board
315 So. 2d 883
La. Ct. App. 3d Cir. 1975
(1971); Dewese v. Hartford Accident & Indemnity Co., Cooksey v. Central Louisiana Electric Co., Inc.
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Dean v. Hercules, Inc.
314 So. 2d 430
La. Ct. App. 1st Cir. 1975
We further note, however, , (1971), it was said: "As recently as 1968 in Craig v. Montelepre Realty Co., 252 La.
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Cates v. BEAUREGARD ELECETRIC COOPERATIVE, INC.
316 So. 2d 907
La. Ct. App. 3d Cir. 1975
(1971), where the court stated that generally a determination of whether a plaintiff has assumed a risk is made by subjective inquiry, whereas contributory negligence is determined objectively under the reasonable man standard.
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Holland v. Keaveney
306 So. 2d 838
La. Ct. App. 4th Cir. 1975
art. 667, art. 669 [1] and art. 2315; D'Albora v. Tulane University, supra, , (1971).
- Perry v. Godchaux's Department Store 311 So. 2d 598 La. Ct. App. 1st Cir. 1975
- Hero Lands Company v. Texaco, Inc. 310 So. 2d 93 La. 1975
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Pollard v. Roberts
306 So. 2d 801
La. Ct. App. 2d Cir. 1975
Assumption of risk is a defense to strict liability in Louisiana, , (1971), but the trial judge correctly rejected it in this case.
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Mixon v. Allstate Insurance Company
300 So. 2d 232
La. Ct. App. 2d Cir. 1974
See: , (1971); Theunissen v. Guidry, 244 La.
- Distinguished Richmond v. EMPLOYERS'FIRE INSURANCE COMPANY 298 So. 2d 118 La. Ct. App. 1st Cir. 1974
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Dewese v. Hartford Accident & Indemnity Company
295 So. 2d 574
La. Ct. App. 3d Cir. 1974
(1971), as follows: "Usually, the assumption of risk doctrine will apply where the nature of the relationship of the parties appears to exact consent from the one injured to be exposed to possible harm.
- Pagitt Well Service, Inc. v. Sam Broussard, Inc. 293 So. 2d 631 La. Ct. App. 3d Cir. 1974
- Mudd v. Travelers Indemnity Company 295 So. 2d 540 La. Ct. App. 3d Cir. 1974
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Pfister v. Phoenix of Hartford Insurance Company
290 So. 2d 362
La. Ct. App. 4th Cir. 1974
Plaintiff relies principally on Chaney v. Brupbacher, La.App., ; , ; Hall v. Hartford Accident & Indemnity Co., La.App., ; and Boure v. New Orleans Public Service, Inc., La.App., , to refute the contributory negligence.
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Simmons v. Hernandez
287 So. 2d 637
La. Ct. App. 3d Cir. 1974
*642 , (1971), wherein Justice Barham indicated that in strict liability situations negligence is not an ingredient of fault, nor is contributory negligence a defense.
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Lombard v. Sewerage & Water Board of New Orleans
284 So. 2d 905
La. 1973
425 , (1970); , (1971), in concurrence in Chaney v. Travelers Insurance Company, 259 La.
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Simon v. Ford Motor Company
282 So. 2d 126
La. 1973
Further, I believe that even if the owner is liable only because of "negligence" (as contrasted with the broader liability for "fault" imposed by the Civil Code, cf., , ), then this owner-operator, the defendant Ferrington, has not absolved himself from negligence, as required by our jurisprudential rule, when his vehicle veers over into another lane and strikes and injures one lawfully and blamelessly there.
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Weiland v. King
281 So. 2d 688
La. 1973
(1971); Stone, Tort Doctrine in Louisiana: The Concept of Fault, 27 Tul.L.Rev.
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Salter v. BWS Corporation, Inc.
281 So. 2d 764
La. Ct. App. 3d Cir. 1973
[7] , (footnote 12) (1971).
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Smolinski v. Taulli
276 So. 2d 286
La. 1973
See: , (1971); Theunissen v. Guidry, 244 La.
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Allstate Insurance Co. v. Town of Ville Platte
269 So. 2d 298
La. Ct. App. 3d Cir. 1973
(1971), where the claimant sustained injuries when he inhaled a highly poisonous gas known as "antimony pentachloride."
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Theriot v. Transit Casualty Co.
267 So. 2d 211
La. 1972
this court expanded the "fault" concept and categorically held that "fault" as defined in Articles 2315 and 2316 included acts and omissions other than those defined as negligent.
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Boudreaux v. American Insurance Company
264 So. 2d 621
La. 1972
(1971); Chaney v. Travelers Insurance Co., 259 La.
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Union Federal Savings & Loan v. 451 Florida Corp.
256 So. 2d 356
La. Ct. App. 1st Cir. 1971
4 Cir. (1967); , (1971).