Cited by

Opinions in Louisiana that cite Boudreaux v. American Insurance Company, 264 So. 2d 621.

182 citing documents.

Mulkey v. Tubb 535 So. 2d 1294 La. Ct. App. 5th Cir. 1988
Brown v. Otis Elevator Co. 535 So. 2d 525 La. Ct. App. 4th Cir. 1988
LeBlanc v. Wal-Mart Stores, Inc. 533 So. 2d 1334 La. Ct. App. 1st Cir. 1988
Wilson v. Hibernia Nat. Bank 517 So. 2d 1206 La. Ct. App. 4th Cir. 1987
Bergeron v. Houma Hosp. Corp. 514 So. 2d 1192 La. Ct. App. 1st Cir. 1987
Novak v. Texada, Miller, Masterson and Davis Clinic 514 So. 2d 524 La. Ct. App. 3d Cir. 1987
Rivett v. State Farm Fire and Cas. Co. 508 So. 2d 1356 La. 1987
Co., this court stated that proof by direct or circumstantial evidence is sufficient to constitute a preponderance when the evidence taken as a whole shows that the fact or causation sought to be proved is more probable than not.
Upton v. L.O.B. Enterprises 492 So. 2d 1252 La. Ct. App. 1st Cir. 1986
Co., , (1972); Jordan v. Travelers Ins.
Johnson v. Patcraft Mills, Inc. 486 So. 2d 1178 La. Ct. App. 1st Cir. 1986
(1972), on rehearing; Aetna Casualty & (La.App.
Simar v. Hartford Fire Insurance Co. 483 So. 2d 196 La. Ct. App. 1st Cir. 1986
Bush v. Lafayette Ins. Co. 477 So. 2d 900 La. Ct. App. 4th Cir. 1985
See, Boudreaux v. American Insurance Co., on rehearing, , (1972); (La.
Sibley v. Gifford Hill and Co., Inc. 475 So. 2d 315 La. 1985
Gulf Federal Savings Bank v. Robert 474 So. 2d 33 La. Ct. App. 1st Cir. 1985
Freeman v. Thomas 472 So. 2d 326 La. Ct. App. 3d Cir. 1985
(1972), the Supreme Court held that evidence, whether direct or circumstantial, need not negate all other possible causes of injury by saying, "...
Estate of Lohan v. Mutual of Omaha Insurance Co. 469 So. 2d 365 La. Ct. App. 2d Cir. 1985
Kincade v. Doll 472 So. 2d 60 La. Ct. App. 4th Cir. 1985
Lemon v. Fein 467 So. 2d 548 La. Ct. App. 4th Cir. 1985
Watkins v. Kerr-McGee Oil Industries, Inc. 460 So. 2d 763 La. Ct. App. 1st Cir. 1984
” , in which a fire of unknown cause started in the kitchen of defendant’s restaurant and spread to an adjoining apartment building where plaintiffs father was found suffocated by the smoke.
Matranga v. Sara Mayo Hosp. 463 So. 2d 632 La. Ct. App. 4th Cir. 1984
MAYOR & COUNCIL ETC. v. Jesse J. Fontenot 460 So. 2d 685 La. Ct. App. 1st Cir. 1984
(1972); Ayala v. Bailey Electric Company, Inc., (La.App.
Morgan v. Willis-Knighton Medical Center 456 So. 2d 650 La. Ct. App. 2d Cir. 1984
Bodoin v. Daigle 452 So. 2d 828 La. Ct. App. 3d Cir. 1984
Inseco v. Cambridge Mut. Fire Ins. Co. 447 So. 2d 606 La. Ct. App. 3d Cir. 1984
Co., , (1972), as well as to adjoining owners who are injured while attempting to preserve their property from damage or destruction by the fire.
Caldwell v. Texas Industries, Inc. 441 So. 2d 472 La. Ct. App. 2d Cir. 1983
Louisiana Joint Underwriters of Audubon Ins. Co. v. Gant 439 So. 2d 1153 La. Ct. App. 4th Cir. 1983
Daspit v. Swann 436 So. 2d 606 La. Ct. App. 1st Cir. 1983
(1972); Hanover Insurance Company v. Jacobson-Young, Inc., (La.App.
Carriere v. Olivier 432 So. 2d 1089 La. Ct. App. 1st Cir. 1983
Richards v. Daniels 430 So. 2d 779 La. Ct. App. 5th Cir. 1983
the Louisiana Supreme Court expounded as follows: It is the settled jurisprudence of this State that the doctrine of res ipsa loquitur is not a rule of pleading or substantive law, but rather a rule of evidence.
Walker v. Marcev 427 So. 2d 678 La. Ct. App. 4th Cir. 1983
(1972); Jordan v. Travelers Insurance Company, 257 La.
Riley v. McGee 427 So. 2d 509 La. Ct. App. 3d Cir. 1983
Boudreaux v. American Insurance *512 Co., , (La.
Hingle v. Audubon Ins. Co. 427 So. 2d 65 La. Ct. App. 4th Cir. 1983
Trapani v. State Farm Fire & Cas. Co. 424 So. 2d 449 La. Ct. App. 5th Cir. 1982
The last factor would apply, for example, , (1972) in which fire had spread throughout a building within an hour after defendant's employees left and locked the restaurant.
Barnes v. Housing Authority of New Orleans 423 So. 2d 750 La. Ct. App. 4th Cir. 1982
the Supreme Court held that evidence whether direct or circumstantial, "need not negate all other possible causes of injury ...
Billa v. Billa 423 So. 2d 1231 La. Ct. App. 1st Cir. 1982
Bankers & Shippers Insurance Co. of New York v. Holiday Rambler Corp. 420 So. 2d 1350 La. Ct. App. 1st Cir. 1982
(1972); Naquin v. Marquette Casualty Company, 244 La.
Conley v. Liberty Mut. Ins. Co. 421 So. 2d 254 La. Ct. App. 4th Cir. 1982
Merrell v. State, Through Dept. of Transp. 415 So. 2d 660 La. Ct. App. 3d Cir. 1982
Fisher v. Walters 415 So. 2d 343 La. Ct. App. 1st Cir. 1982
Carter v. Avondale Shipyards, Inc. 415 So. 2d 174 La. 1982
Toussant v. Guice 414 So. 2d 850 La. Ct. App. 4th Cir. 1982
Roark v. St. Paul Fire & Marine Ins. Co. 415 So. 2d 295 La. Ct. App. 2d Cir. 1982
Holman v. Reliance Ins. Cos. 414 So. 2d 1298 La. Ct. App. 2d Cir. 1982
In considering plaintiff's complaint regarding error of the trial court in failing to apply the doctrine of res ipsa loquitur and in failing to apply the ruling in Ratcliff, supra, , (1972), at page 636: In this respect, the principle of "res ipsa loquitur" (the thing speaks for itself) sometimes comes into play as a rule of circumstantial evidence, whereby negligence is inferred on the part of a defendant because the facts indicate this to be the more probable cause of injury in t
Haynes v. Aetna Casualty & Surety Co. 411 So. 2d 1145 La. Ct. App. 1st Cir. 1982
Blue Ridge Insurance v. Belle Alliance Homes, Inc. 408 So. 2d 417 La. Ct. App. 1st Cir. 1981
(1972).” We too feel the circumstances of the present case do not cause us to conclude there has been some omission of defendants’ duties.
Cormier v. Foremost Ins. Co. 405 So. 2d 610 La. Ct. App. 3d Cir. 1981
Swanson v. Estate of Augusta 403 So. 2d 118 La. Ct. App. 4th Cir. 1981
Ray v. Ameri-Care Hospital 400 So. 2d 1127 La. Ct. App. 1st Cir. 1981
Benjamin v. United States Steel Corp. 396 So. 2d 332 La. Ct. App. 1st Cir. 1981
(1972), on rehearing, Justice Tate’s review of the jurisprudence with regard to the issue of res ipsa loquitur contains portions which so aptly apply to the instant case that they require no further comment: “Recently in Jordan v. Travelers Insurance Co., 257 La.
Hudgens v. INTERSTATE BATTERY SYSTEMS, ETC. 393 So. 2d 940 La. Ct. App. 3d Cir. 1981
(1972); Western Casualty & (La.
Bryan v. Varnado 394 So. 2d 1321 La. Ct. App. 1st Cir. 1981
(1972); Aetna Casualty & (La.App.