Cited by
Opinions in Louisiana that cite Hickman Ex Rel. Iles v. Southern Pacific Transport Co., 262 So. 2d 385.
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Salard v. Jim Walter Homes, Inc.
563 So. 2d 1327
La. Ct. App. 3d Cir. 1990
(1972) determined that independent contractor status exists when: *1332 (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 non-exclusive means in accomplishing it; (3) The contract calls for specific piecework as a
- Howlett v. Halpern 559 So. 2d 21 La. Ct. App. 1st Cir. 1990
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Jaffarzad v. Jones Truck Lines, Inc.
561 So. 2d 144
La. Ct. App. 3d Cir. 1990
(1972); Bishop v. Shelter Ins.
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Davis v. State Farm Ins. Co.
558 So. 2d 636
La. Ct. App. 1st Cir. 1990
(1972); Smith v. Zellerbach, supra .
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Triplette v. Exxon Corp.
554 So. 2d 1361
La. Ct. App. 1st Cir. 1989
(1972); Smith v. Zellerbach, supra .
- Guidry v. Freeman 555 So. 2d 588 La. Ct. App. 1st Cir. 1989
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Smith v. Hughes Wood Products, Inc.
544 So. 2d 687
La. Ct. App. 3d Cir. 1989
Health, etc., , Smith v. Zellerbach, 486 So.
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Carlin v. Blanchard
537 So. 2d 303
La. Ct. App. 1st Cir. 1988
(1972), the Supreme Court explained 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 best means that may be adopted to avoid an impeding danger, is not guilty of negligen
- Ketchens v. Jones 533 So. 2d 127 La. Ct. App. 1st Cir. 1988
- Pearce v. POWER & TELEPHONE OF KENTUCKY, INC. 533 So. 2d 46 La. Ct. App. 3d Cir. 1988
- Fuller v. US Aircraft Ins. Group 530 So. 2d 1282 La. Ct. App. 2d Cir. 1988
- Prince v. Conoco, Inc. 529 So. 2d 39 La. Ct. App. 1st Cir. 1988
- Sherman v. American Deposit Insurance Co. 525 So. 2d 600 La. Ct. App. 1st Cir. 1988
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Guillory v. CONOCO, INC., CONTINENTAL OIL COMPANY
521 So. 2d 1220
La. Ct. App. 3d Cir. 1988
APPLICABLE LAW ASSIGNMENTS 5 and 7 , (1972), the court held that the relationship of principal and independent contractor exists when the following conditions are met: "1.
- Coleman v. State, Through DOTD 524 So. 2d 1281 La. Ct. App. 3d Cir. 1988
- Murjani v. Thibeaux 521 So. 2d 1225 La. Ct. App. 1st Cir. 1988
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Weems v. Hickman
524 So. 2d 792
La. Ct. App. 3d Cir. 1988
The law with regard to an independent contractor, for which there is no vicarious liability, , at pages 390, 391 (La.1972), in which the Louisiana Supreme Court stated: "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 ag
- Hebert v. Witherington 520 So. 2d 1075 La. Ct. App. 3d Cir. 1987
- Swan v. Vernon Mill. Co. 517 So. 2d 1161 La. Ct. App. 3d Cir. 1987
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Tri-Star of Louisiana v. Touchet
520 So. 2d 989
La. Ct. App. 1st Cir. 1987
(1972), the Louisiana Supreme Court stated that the principal consideration is the degree of control retained by the alleged employer.
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Irving v. State Farm Mutual Automobile Insurance Co.
517 So. 2d 868
La. Ct. App. 1st Cir. 1987
(1972), which in pertinent part provides: “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 what subsequent
- MJ Womack, Inc. v. State House of Rep. 509 So. 2d 62 La. Ct. App. 1st Cir. 1987
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Recard v. Trinity Universal Ins. Co.
503 So. 2d 519
La. Ct. App. 3d Cir. 1987
(1972), as follows: "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 what subsequently and upon reflection
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Bennett v. State Dept. of Transp. & Development
503 So. 2d 1022
La. Ct. App. 2d Cir. 1987
Pacific Transport Co., , (1972).
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Stadler v. Agard
503 So. 2d 112
La. Ct. App. 5th Cir. 1987
915 , (1956); , (1972); and the cases cited therein.
- Prest v. State Dept. of Transp. 490 So. 2d 659 La. Ct. App. 2d Cir. 1986
- Cupit v. Grant 488 So. 2d 358 La. Ct. App. 1st Cir. 1986
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Smith v. Zellerbach
486 So. 2d 798
La. Ct. App. 1st Cir. 1986
Hickman v. Southern Pacific Transport Company, 262 La.102, (1972); Amyx v. Henry & Hall, 227 La.364, (1955).
- McCann v. State Farm Mut. Auto. Ins. Co. 483 So. 2d 205 La. Ct. App. 3d Cir. 1986
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Sampay v. Morton Salt Co.
482 So. 2d 752
La. Ct. App. 1st Cir. 1985
Roberts v. State, Through Louisiana Health & Human Resources Administration, Amyx v. Henry & Hall, 227 La.
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Finley v. Bass
478 So. 2d 608
La. Ct. App. 2d Cir. 1985
Pacific Transport Co., , (1972).
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Hemphill v. State Farm Ins. Co.
472 So. 2d 320
La. Ct. App. 3d Cir. 1985
3rd Cir.1975), this court stated: " , (1972), and Amyx v. Henry & Hall, 227 La.
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Dubois v. Louviere
462 So. 2d 1275
La. Ct. App. 1st Cir. 1985
(1972), as follows, at 389: “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 what subsequently and upon re
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Clark v. Hill
463 So. 2d 39
La. Ct. App. 1st Cir. 1985
(1972), which in pertinent part provides: One who suddenly finds himself in the position of imminent peril, without sufficient time to consider and weigh all circumstances or best means that may be adopted to avoid an impending danger, is not guilty of negligence if he fails to adopt what subsequently
- Bishop v. Shelter Ins. Co. 461 So. 2d 1170 La. Ct. App. 3d Cir. 1984
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Watson v. Ben
459 So. 2d 230
La. Ct. App. 3d Cir. 1984
Roberts v. State of Louisiana, Through the Louisiana Health and Human Resources Administration
- Barbay v. Aetna Cas. & Sur. Co. 454 So. 2d 181 La. Ct. App. 1st Cir. 1984
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Swift v. Continental Insurance Co.
453 So. 2d 271
La. Ct. App. 1st Cir. 1984
and numerous other cases with similar holdings.
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Knight v. Samuel
447 So. 2d 587
La. Ct. App. 3d Cir. 1984
(1972): "One who suddenly finds himself in a position of imminent peril, without sufficient *591 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 what subsequently and upon reflection may ap
- Russo v. City of New Orleans 446 So. 2d 331 La. Ct. App. 1st Cir. 1984
- Poynor v. Cure 443 So. 2d 1151 La. Ct. App. 5th Cir. 1983
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Stephens v. State Through Dept. of Transp.
440 So. 2d 920
La. Ct. App. 2d Cir. 1983
(1972); Dane v. Canal Ins.
- Garsee v. WESTERN CAS. & SUR. CO., INC. 437 So. 2d 933 La. Ct. App. 2d Cir. 1983
- Hinton v. Western Cas. and Sur. Co. 435 So. 2d 568 La. Ct. App. 3d Cir. 1983
- Copeland v. La. Dept. of Transp. & Develop. 428 So. 2d 1251 La. Ct. App. 3d Cir. 1983
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Cupit v. Grant
425 So. 2d 847
La. Ct. App. 3d Cir. 1982
(1972) ; Blanchard v. Ogima, 253 La.
- Adams v. Times-Picayune Pub. Corp. 418 So. 2d 685 La. Ct. App. 4th Cir. 1982
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Slaughter v. Georgia Casualty & Surety Co.
415 So. 2d 312
La. Ct. App. 1st Cir. 1982
(1972), the supreme court outlined the factors to be considered in determining whether an employer-employee relationship exists: “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 an
- Dowden v. Miller 415 So. 2d 283 La. Ct. App. 1st Cir. 1982
- Bialy v. STATE, THROUGH DEPT. OF TRANSP. AND DEV. 414 So. 2d 1273 La. Ct. App. 3d Cir. 1982