Cited by

Opinions in Louisiana that cite Hickman Ex Rel. Iles v. Southern Pacific Transport Co., 262 So. 2d 385.

233 citing documents.

Deshun K. Carter v. Blue Hill Specialty Insurance Company, Forward Loads, LLC, Jamar Hooker, USAA Casualty Insurance Company, … La. Ct. App. 1st Cir. 2025
Janet Jabbia v. Sawyer Southern, Southern Farm Bureau Casualty Insurance Company, Mallory Bonnett, & State Farm Mutual Automobile … La. Ct. App. 2d Cir. 2024
Eric South, Kesia South and Latricia South, Individually and on Behalf of Their Father, Charles South v. Dr. … La. Ct. App. 2d Cir. 2024
Scott Wesley Eastman, Et Ux v. State Farm Mutual Automobile Insurance Co. La. Ct. App. 3d Cir. 2023
-14, (1972), which held: One who suddenly finds himself in a position of imminent peril, without sufficient time to consider and weigh all the circumstances or best means that may be adopted to avoid an impending danger, is not guilty of negligence if he fails to adopt
Stonetrust Commercial Insurance Company v. TBT Contracting, Inc. of LA La. Ct. App. 1st Cir. 2023
Michael E. Duronslet v. Wal-Mart Stores, Inc. and Marlin N. Gusman, Sheriff for Parish of Orleans La. Ct. App. 4th Cir. 2022
Brandy Boudreaux v. Mary P. Coco and Progressive Paloverde Insurance Company La. Ct. App. 1st Cir. 2022
Gabriel Lagrange v. Harley E. Boone La. Ct. App. 3d Cir. 2022
1981) ( So.2d 385 (1972), and Blanchard v. Ogima, 253 La.
Terrance Bolden, Heidi Bolden, And Taylor Bolden Vs. La. 2022
1981) ( So.2d 385 (1972) , and Blanchard v. Ogima, 253 La.
Michael Ellis v. Circle L Trucking, L.L.C. and Employers Mutual Casualty Company La. Ct. App. 1st Cir. 2021
Nicholas Knox v. Elite Protection Solutions and Willie's Chicken Shack, LLC La. Ct. App. 4th Cir. 2021
Randy Pilet v. Pilet Distributors, the Estate of Steve Pilet, Big Boy Distributor, L.L.C., Allstate Insurance Company, Milton … La. Ct. App. 4th Cir. 2020
Beverly James and Rodney Glenn James v. Christus Health Central Louisiana La. Ct. App. 3d Cir. 2020
Brock Simon v. Farm Bureau Insurance Co. La. Ct. App. 3d Cir. 2020
It is well settled that “the term independent contractor connotes a freedom of action and choice with respect to the undertaking in question and a legal responsibility on the part of the contractor in case the agreement is not fulfilled in accordance with its covenants.”
Brett Reed v. George Ross La. Ct. App. 3d Cir. 2020
So.2d 385 (1972), this court found the following factors relevant in determining whether the relationship of principal and independent contractor exists: (1) there is a valid contract between the parties; (2) the work being done is of an independent nature such that the contractor
Frank Vine v. Teachers Retirement System of Louisiana La. Ct. App. 1st Cir. 2019
Joseph Stelly v. National Union Fire Ins. Co. La. Ct. App. 3d Cir. 2019
Stelly v. Nat'l Union Fire Ins. Co. 266 So. 3d 395 La. Ct. App. 1st Cir. 2019
Raven Boyance v. United Fire & Casualty Company La. Ct. App. 3d Cir. 2018
Also, So.2d 385 (1972); Boutte v. Rig Hammers, Inc., (La.App.
Boyance v. United Fire & Cas. Co. 242 So. 3d 745 La. Ct. App. 1st Cir. 2018
Also, Hickman v. Southern Pacific Transport Co. , , (1972) ; Boutte v. Rig Hammers, Inc. , (La.App.
Ocampo v. Maronge 237 So. 3d 627 La. Ct. App. 5th Cir. 2017
Martinez v. Rames 224 So. 3d 467 La. Ct. App. 1st Cir. 2017
Waters v. Oliver 223 So. 3d 37 La. Ct. App. 1st Cir. 2017
Franklin v. Dick 224 So. 3d 1130 La. Ct. App. 2d Cir. 2017
Transport Co., , (1972).
Smith v. Moreau 222 So. 3d 761 La. Ct. App. 1st Cir. 2017
390- *767 91 (1972); Bouquet, 206 So.3d at 237 .
Schmit v. Tjitandi 223 So. 3d 153 La. Ct. App. 1st Cir. 2017
Rather, the defendants submitted that Mr. Tjitandi was a “full on employee” of CMI operating within the course and scope of his employment at the time of accident in accordance with the factors set forth in Hickman v. Southern Pacific Transport Co., 262 La, 102, (1972).
Lowe v. Noble, L.L.C. 220 So. 3d 761 La. Ct. App. 1st Cir. 2017
Collins v. State ex rel. Department of Natural Resources 220 So. 3d 92 La. Ct. App. 1st Cir. 2017
See Tower Credit, Inc., 825 So.2d at 1129 , , -391 (1972).
Hull v. Jefferson Parish Hospital District No. 1 220 So. 3d 838 La. Ct. App. 1st Cir. 2017
-391 (1972); *845 Sims v. Cefolia, 04-343 (La.App.
Palmer v. Hamp's Construction, L.L.C. 204 So. 3d 1124 La. Ct. App. 1st Cir. 2016
-91 (1972), as follows: It is well understood by the courts of this State that the term independent contractor connotes a freedom of action and choice with respect to the undertaking in question and a legal responsibility on the part of the contractor in case the agreement is not fulfilled in
Knight v. Tucker 210 So. 3d 407 La. Ct. App. 2d Cir. 2016
Co., , (1972), stating that the following factors were relevant in determining whether the relationship of principal and independent contractor exists: (1) there is a valid contract between the parties; (2) the work being done is of an independent nature such that the contractor may employ nonexclusive means
Bouquet v. Williams 206 So. 3d 232 La. Ct. App. 1st Cir. 2016
-391 (1972); Fonseca, 196 So.3d at 87 .
Orozco v. Aries Building Systems, Inc. 202 So. 3d 1018 La. Ct. App. 1st Cir. 2016
O'Bannon v. Moriah Technologies, Inc. 196 So. 3d 127 La. Ct. App. 1st Cir. 2016
See Tower Credit, Inc., 825 So.2d at 1129 , , -391 (1972).
Fonseca v. City Air of Louisiana, LLC 196 So. 3d 82 La. Ct. App. 1st Cir. 2016
pp. 390-391 (1972); Hulbert , 2010-1910 at 4-5, 68 So.3d at 670 .
Collins v. Home Depot, U.S.A., Inc. 182 So. 3d 324 La. Ct. App. 1st Cir. 2015
-91 (La.1972); Honeycutt v. Deutschmann, 07-211 (La.App.
Shane Maylen and Penelope Maylen v. Great West Casualty Company La. Ct. App. 3d Cir. 2015
which explains the sudden emergency doctrine as follows: One who suddenly finds himself in a position of imminent peril, without sufficient time to consider and weigh all the circumstances or 6 best means that may be adopted to avoid
Maylen v. Great West Casualty Co. 178 So. 3d 302 La. Ct. App. 1st Cir. 2015
(1972) which explains the sudden emergency doctrine as follows: One who suddenly finds himself in a position of imminent peril, without sufficient time to consider and weigh all the circumstances or 17best means that may be adopted to avoid an impending danger, is not guilty of negligence if he fa
Hopper v. Austin 163 So. 3d 8 La. Ct. App. 2d Cir. 2015
Butler v. Boutan 168 So. 3d 501 La. Ct. App. 1st Cir. 2014
-91 (1972); Hulbert, 68 So.3d at 670 .
Ed Grabowski, Et Ux. v. Smith & Nephew, Inc. La. Ct. App. 3d Cir. 2014
-18, -91 (La.1972) (emphasis added) (citations omitted), stating: It is well understood by the courts of this State that the term independent contractor connotes a freedom of action and choice with respect to the undertaking in question and a legal responsibility on the
Grabowski v. Smith & Nephew, Inc. 149 So. 3d 899 La. Ct. App. 1st Cir. 2014
-18 , -91 (La.1972) (emphasis added) (citations omitted), stating: It is well understood by the courts of this State that the term independent contractor connotes a freedom of action and choice with respect to the undertaking in question and a legal responsibility on the part of the contractor in
Marie Monte v. State Farm Mutual Automobile Ins. Co. La. Ct. App. 3d Cir. 2014
Our Louisiana Supreme Court, -13, (1972), discussed the sudden emergency doctrine: One who suddenly finds himself in a position of imminent peril, without sufficient time to consider and weigh all the circumstances or best means that may be adopted to avoid an impending danger, is not guilty
Monte v. State Farm Mutual Automobile Ins. Co. 139 So. 3d 1139 La. Ct. App. 1st Cir. 2014
Our Louisiana Supreme Court, -13 , (1972), discussed the sudden emergency doctrine: One who suddenly finds himself in a position of imminent peril, without sufficient time to consider and weigh all the circumstances or best means that may be adopted to avoid an impending danger, is not guilty of negligence if he fails to ad
Darce v. Roberts 142 So. 3d 173 La. Ct. App. 1st Cir. 2014
Chaisson v. Louisiana Rock Monsters, LLC 140 So. 3d 55 La. Ct. App. 1st Cir. 2014
Webb v. Roofing Analytics, LLC 121 So. 3d 756 La. Ct. App. 2d Cir. 2013
New Progressive Lodge No. 262, Inc. v. Hutcheson 140 So. 3d 1195 La. Ct. App. 1st Cir. 2013
Cheramie v. Johnson 119 So. 3d 676 La. Ct. App. 1st Cir. 2013
Mary Elizabeth Sigure v. Dennis Wayne Loger La. Ct. App. 3d Cir. 2013
Loger points out that this argument ignores the correct application of the “sudden emergency doctrine.” This doctrine, -13, (1972), states: One who suddenly finds himself in a position of imminent peril, without sufficient time to consider and weigh all the circumstances or best means that may be adopted to avoid an impending danger, is not guilty of negligence if he fails to adop