Cited by
Opinions in Louisiana that cite Boudreaux v. American Insurance Company, 264 So. 2d 621.
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Gonzales v. Winn-Dixie Louisiana, Inc.
326 So. 2d 486
La. 1976
(1972); King v. King, 253 La.
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American Guaranty & Liability Ins. Co. v. Little
328 So. 2d 706
La. Ct. App. 3d Cir. 1976
I , ; Fireman's Fund Insurance Company v. United States Fidelity & Guaranty Company, (3rd Cir., 1973); Wilson v. Four States Realty Company, Inc., (3rd Cir. 1973); Clark v. Central Louisiana Electric Company, Inc., (3rd Cir., 1973); and, Hanover Insurance Compa
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Russo v. Guillory
322 So. 2d 233
La. Ct. App. 4th Cir. 1976
Co., , (1972), the Supreme Court demystified the doctrine of res ipsa loquitur and held that a plaintiff's evidence (direct or circumstantial) in any negligence case entitles him to judgment when the evidence taken as a whole shows the defendant's negligence as the most plausible or likely cause of the damage
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Allen v. Bradshaw
325 So. 2d 352
La. Ct. App. 1st Cir. 1976
It is the failure of plaintiff to prove the existence of a dangerous situation created by defendant’s negligence which prevents the applicability to this case of the reason-, , (1972).
- Garrison v. Hotel Dieu 319 So. 2d 557 La. Ct. App. 4th Cir. 1975
- Ayala v. Bailey Electric Company, Inc. 318 So. 2d 645 La. Ct. App. 4th Cir. 1975
- Townsend v. State, Department of Highways 322 So. 2d 139 La. 1975
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American Security Ins. Co. v. Griffith's Air Con.
317 So. 2d 256
La. Ct. App. 3d Cir. 1975
As to defendants' liability, we agree with the trial court that the applicable law, at least in part
- Barber v. Books, Etc., Inc. 316 So. 2d 154 La. Ct. App. 4th Cir. 1975
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Gregory v. Guarisco
320 So. 2d 354
La. Ct. App. 2d Cir. 1975
(1972) the Louisiana Supreme Court, after a thorough review of the jurisprudence, applied the doctrine of res ipsa loquitur in a similar factual situation involving a fire in a restaurant: "In this respect, the principle of `res ipsa loquitur' (the thing speaks for itself) sometimes comes into play as
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Alexander v. St. Paul Fire & Marine Insurance Co.
312 So. 2d 139
La. Ct. App. 1st Cir. 1975
and Haymark & Sons v. Predergast, La.App., , in support of the contention that the trial court properly applied the doctrine of res ipsa loquitur in this instance.
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FIRE AND CASUALTY INSURANCE CO. OF CONN. v. Garrick
312 So. 2d 103
La. Ct. App. 1st Cir. 1975
Company contends the trial court erred in declining to hold the principle of res ipsa loquitur applicable in this instance.
- Home Insurance Co. v. Degelos Brothers Grain Corp. 315 So. 2d 74 La. Ct. App. 4th Cir. 1975
- Gonzales v. Winn-Dixie Louisiana, Inc. 309 So. 2d 697 La. Ct. App. 4th Cir. 1975
- Parr v. DH Holmes Co., Ltd. 311 So. 2d 463 La. Ct. App. 4th Cir. 1975
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Milano v. American Rent-All, Inc.
310 So. 2d 146
La. Ct. App. 1st Cir. 1975
(1972) and Hanover Insurance Company et al. v. Jacobson Young, Inc., et al., (La.App.
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Gwin v. American Rent-All, Inc.
310 So. 2d 149
La. Ct. App. 1st Cir. 1975
(1972) as it applies to plain-liff herein.
- Craft v. State 308 So. 2d 290 La. Ct. App. 1st Cir. 1975
- Jefferson Cold Storage, Inc. v. Phoenix Insurance Co. of Hartford 309 So. 2d 727 La. Ct. App. 1st Cir. 1975
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Pear v. Labiche's Inc.
301 So. 2d 336
La. 1974
(1972), we said: "This is simply another formulation of the burden of a plaintiff in a tort action to prove that, more probably than not, his injury was caused by the negligence of the defendant."
- Hanover Insurance Co. v. Jacobson-Young, Inc. 294 So. 2d 564 La. Ct. App. 4th Cir. 1974
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Fabre v. Travelers Insurance Company
286 So. 2d 459
La. Ct. App. 1st Cir. 1974
(1972); (2nd La.App.1973).
- Helms v. St. Paul Fire & Marine Insurance Co. 289 So. 2d 288 La. Ct. App. 3d Cir. 1974
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McMorris v. Insurance Company of North America
289 So. 2d 208
La. Ct. App. 1st Cir. 1973
(1972); Pilie v. National Food Stores, 245 La.
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Thomas v. Chatman
282 So. 2d 783
La. Ct. App. 3d Cir. 1973
The last case presented by this court in its discussion and determination of the applicability of the doctrine of res ipsa loquitur to the factual circumstances of the instant case, , .
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Hartford Fire Insurance v. Captain
278 So. 2d 821
La. Ct. App. 1st Cir. 1973
Plaintiffs further rely on the “most plausible cause” , (1972), and on the doctrine of res ipsa loquitur.
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Wilson v. Four States Realty Co.
276 So. 2d 810
La. Ct. App. 1st Cir. 1973
(1972), finding that the facts here are as favorable to plaintiff as those in the Boudreaux case.
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Fireman's Fund Ins. Co. v. United States F. & G. Co.
276 So. 2d 754
La. Ct. App. 3d Cir. 1973
"In the recent case of Boudreaux vs. American Insurance Co., , (1972), the Louisiana Supreme Court reversed the 4th Circuit Court of Appeal.
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Distinguished
Martin v. United Gas Corp.
275 So. 2d 187
La. Ct. App. 1st Cir. 1973
(1972), cited by plaintiffs, for in the Boudreaux case the defendant was unable to come forward with evidence to reasonably show that the fire was due to some cause other than his negligence.
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Ehrhard v. State Farm Mutual Automobile Ins. Co.
274 So. 2d 911
La. Ct. App. 1st Cir. 1973
(1972), Justice Tate stated the following in regard to the doctrine of res ipsa loquitur: "* * * [W]e have in our most recent decision on the issue noted that the real test of applying res ipsa loquitur to be as follows: `Do the facts of the controversy *915 suggest negligence of the defendant, rather
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Sharon v. Connecticut Fire Insurance Co.
270 So. 2d 900
La. Ct. App. 1st Cir. 1973
Plaintiffs are, accordingly, entitled to recover from defendant since they have proved that more probably than not their damages were caused by the negligence of defendant's insured, see Boudreaux v. American Insurance Company, La.App., (1972).
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Mistretta v. Fiorella
269 So. 2d 589
La. Ct. App. 1st Cir. 1972
Co., , (1972), to show that the fire was started in the mattress by some unauthorized person in the vacant house.