Cited by
Opinions in Louisiana that cite Morneau v. American Oil Company, 272 So. 2d 313.
- Wayne Guillot, Et Ux. v. Reece Guillot, Et Ux. La. Ct. App. 3d Cir. 2014
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Midland Funding, LLC v. Cady
110 So. 3d 656
La. Ct. App. 2d Cir. 2013
Sheets Family Partners-Louisiana, Ltd. v. Inner City Refuge Dev.
- Purvis Touchet v. Mark Hampton La. Ct. App. 3d Cir. 2008
- Touchet v. Hampton 1 So. 3d 729 La. Ct. App. 1st Cir. 2008
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Purvis Touchet v. Mark Hampton
La. Ct. App. 3d Cir. 2007
(quoting Richardson v. Zuntz, 26 La.Ann.
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Touchet v. Hampton
950 So. 2d 895
La. Ct. App. 3d Cir. 2007
(quoting Richardson v. Zuntz, 26 La.Ann.
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Landry v. Bellanger
851 So. 2d 943
La. 2003
the Court concluded, We granted this writ primarily because, contrary to earlier Supreme Court decisions, a number of Court of Appeal decisions have followed a rule of law that words constitute provocation which excuses a battery ...
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Demeritt v. Trahan
755 So. 2d 952
La. Ct. App. 1st Cir. 1999
which abandoned the “fighting words” doctrine, the Court pronounced that mere words, even though designed to excite or irritate, cannot excuse a battery.
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Jones v. Thomas
557 So. 2d 1015
La. Ct. App. 4th Cir. 1990
Johnson v. Dixon, supra.
- Robinson v. Hardy 505 So. 2d 767 La. Ct. App. 2d Cir. 1987
- Serpas v. New Orleans Police Department 483 So. 2d 1259 La. Ct. App. 1st Cir. 1986
- Brossette v. Clofort 481 So. 2d 637 La. Ct. App. 1st Cir. 1985
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Ross v. Sheriff of Lafourche Parish
479 So. 2d 506
La. Ct. App. 1st Cir. 1985
Johnson v. Powell, 338 So.2d *513 177 (La.App.
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State v. Lombard
471 So. 2d 782
La. Ct. App. 5th Cir. 1985
” In Morneau , which was a civil action for damages, the plaintiff said “God damn” in the presence of the defendant’s wife.
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Barras v. Touchet
467 So. 2d 172
La. Ct. App. 1st Cir. 1985
reiterating the holding in Richardson v. Zuntz, 26 La.Ann.
- Johnson v. Dixon 457 So. 2d 79 La. Ct. App. 4th Cir. 1984
- State v. Ducote 452 So. 2d 1305 La. Ct. App. 3d Cir. 1984
- Gilliam v. Williams 451 So. 2d 681 La. Ct. App. 2d Cir. 1984
- Criticized DiBenedetto v. Stark 428 So. 2d 864 La. Ct. App. 1st Cir. 1983
- Downey v. Clark 426 So. 2d 331 La. Ct. App. 2d Cir. 1983
- Dean v. Nunez 423 So. 2d 1299 La. Ct. App. 4th Cir. 1982
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Freeman v. Lee & Leon Oil Co., Inc.
409 So. 2d 408
La. Ct. App. 4th Cir. 1982
Cappo v. Vinson Guard Service, Inc., (La.App.
- Cappo v. Vinson Guard Service, Inc. 400 So. 2d 1148 La. Ct. App. 1st Cir. 1981
- Choate v. Greene 386 So. 2d 948 La. Ct. App. 1st Cir. 1980
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Weysham v. New Orleans Public Service, Inc.
385 So. 2d 19
La. Ct. App. 4th Cir. 1980
As pointed out by NOPSI, at 316 (La.1973), citing earlier cases, recognized that provocation by words can be considered in mitigation of damages.
- Augustine v. Washington Parish Police Jury 383 So. 2d 1271 La. Ct. App. 1st Cir. 1980
- Camel v. Hynes 382 So. 2d 976 La. Ct. App. 1st Cir. 1980
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Holden v. Straughn
376 So. 2d 1292
La. Ct. App. 2d Cir. 1979
Richardson v. Zuntz, 26 La.Ann.
- Norrell v. City of Monroe 375 So. 2d 159 La. Ct. App. 2d Cir. 1979
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Posey v. Fabre
369 So. 2d 237
La. Ct. App. 4th Cir. 1979
Whatever be its merits in respect to a third person only vicariously liable for the assault, this argument is rejected in respect to the assaulter himself by Morneau v. American Oil Co., La.1973, .
- Sherwood v. Sepulvado 362 So. 2d 1161 La. Ct. App. 2d Cir. 1978
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Skains v. Tidwell
359 So. 2d 247
La. Ct. App. 2d Cir. 1978
Richardson v. Zuntz, 26 La.
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Matthews v. Sno's Seafood & Steak House, Inc.
356 So. 2d 527
La. Ct. App. 1st Cir. 1977
The Louisiana Rule is that “mere words, even though designed to excite or irritate, cannot excuse a battery.”
- Dubois v. Reliance Ins. Co. 349 So. 2d 458 La. Ct. App. 3d Cir. 1977
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Andrepont v. Naquin
345 So. 2d 1216
La. Ct. App. 1st Cir. 1977
in citing a long line of cases, the Supreme Court recognized as a well-established rule that although provocation by words alone does not justify a battery, it may be considered in the mitigation of damages.
- Johnson v. Powell 338 So. 2d 177 La. Ct. App. 2d Cir. 1976
- Daigle v. Goodwin 311 So. 2d 921 La. Ct. App. 1st Cir. 1975
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Watts v. Aetna Casualty & Surety Company
309 So. 2d 402
La. Ct. App. 2d Cir. 1975
Richardson v. Zuntz, 26 La.Ann.
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Territo v. Landry
313 So. 2d 309
La. Ct. App. 1st Cir. 1975
(1973), the court held: “[1] We conclude that the courts below erred in considering mere words as justification for a battery.
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Harrell v. Mayer
306 So. 2d 340
La. Ct. App. 1st Cir. 1975
We are aware of the recent decision by our Supreme Court in Morneau v. American Oil Company, La., (1973) which holds that mere words, even though designed to excite or irritate, cannot excuse a battery.
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Foster v. Barker
306 So. 2d 910
La. Ct. App. 1st Cir. 1974
The trial judge, in rendering judgment in favor of plaintiff, found as a fact that "no overt physical act" was taken toward the defendant and further found that mere words, even though intended to incite or irritate, cannot justify a battery, (1973); (La.App.
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Broussard v. Guilbeaux
295 So. 2d 216
La. Ct. App. 1st Cir. 1974
held that mere words, even though designed to excite or irritate, cannot excuse a battery, it is submitted by appellant that the case did not completely overrule the “aggressor” doctrine.
- Caldwell v. Nance 291 So. 2d 461 La. Ct. App. 2d Cir. 1974
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Squyres v. Phillips
285 So. 2d 337
La. Ct. App. 3d Cir. 1973
Morneau v. American Oil Co., La., (1973).