Cited by
Opinions in Louisiana that cite Board of Comm'rs. of Port of New Orleans v. Splendour S. & E. Co., 273 So. 2d 19.
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Estate of Patout v. City of New Iberia
738 So. 2d 544
La. 1999
It was not until this Court's decision in Board of Commissioners of the Port of New Orleans v. Splendour Shipping & Enterprises Co., that tort suits against public entities and agencies were sanctioned.
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Williams v. State, Dept. of Health and Hospitals
703 So. 2d 579
La. 1997
See Chamberlain, 624 So.2d at 881 , citing Board of Comm'rs of Port of New Orleans v. Splendour Shipping & Enterprises Co., -25 (La.1973).
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Criticized
Adams v. City of Baton Rouge
673 So. 2d 624
La. Ct. App. 1st Cir. 1996
Board of Commissioners of Port of New Orleans v. Splendour Shipping & Enterprises Company, Inc., -25 (La.
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Criticized
Blanchard v. City Parish of East Baton Rouge
674 So. 2d 317
La. Ct. App. 1st Cir. 1996
Board of Commissioners of Port of New Orleans v. Splendour Shipping & Enterprises Company, Inc., -25 (La.
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Kramer v. Continental Cas. Co.
641 So. 2d 557
La. Ct. App. 3d Cir. 1994
The need for governmental responsibility in the modern world was a major factor in this court's action in abandoning the doctrine of sovereign immunity in Board of Commissioners of the Port of New Orleans v. Splendour Shipping & Enterprises Co.
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Chamberlain v. State, Through DOTD
624 So. 2d 874
La. 1993
at 532; see also Board of Comm'rs of Port of New Orleans v. Splendour Shipping & Enterprises Co., -25 (La.1973).
- Reppond v. City of Denham Springs 572 So. 2d 224 La. Ct. App. 1st Cir. 1990
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Davis v. Henry
555 So. 2d 457
La. 1990
Const.1974, art. 12, § 10; Board of Commissioners of the Port of New Orleans v. Splendour Shipping & Enterprises Company, Inc.
- Sibley v. Bd. of Sup'rs of Louisiana State University 477 So. 2d 1094 La. 1985
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Criticized
Heindel v. Harley-Davidson Motorcycles
467 So. 2d 641
La. Ct. App. 4th Cir. 1985
Board of Commissioners of the Port of New Orleans v. Splendour Shipping & Enterprise Company, Inc., (La.
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Jones v. City of Kenner
435 So. 2d 1000
La. Ct. App. 1st Cir. 1983
objective in construing a statute is to ascertain legislative intent and interpret law as to give it meaning lawmakers obviously intended, and not to construe legislation so rigidly as to give it a preposterous or strange meaning; statutes must be given reasonable interpretation.” Appellants, citing Board of Commissioners of the Port of New Orleans v. Splendour Shipping & Enterprises Company, believe that “...
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Board of Com'rs v. Louisiana Com'n on Ethics
416 So. 2d 231
La. Ct. App. 1st Cir. 1982
In the case of Board of Commissioners of Port of New Orleans v. Splendour Shipping & Enterprises Company, Inc., (La.
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Mobley v. Rego Co.
412 So. 2d 1143
La. Ct. App. 2d Cir. 1982
The need for governmental responsibility in the modern world was a major factor in this court's action in abandoning the doctrine of sovereign immunity in Board of Commissioners of the Port of New Orleans v. Splendour Shipping & Enterprises Co., (La.
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Stafford v. City of Baton Rouge
403 So. 2d 733
La. 1981
NOTES [1] See Board of Comm'rs of the Port of N.O. v. Splendour Shipping & Enterprises Co., La.Const.
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Robertson v. Travis
393 So. 2d 304
La. Ct. App. 1st Cir. 1980
The doctrine of sovereign immunity was abrogated in Board of Commissioners of Port of New Orleans v. Splendour Shipping and Enterprises Company, Inc., (La.
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Stewart v. Schmieder
386 So. 2d 1351
La. 1980
The need for governmental responsibility in the modern world was a major factor in this court's action in abandoning the doctrine of sovereign immunity in Board of Commissioners of the Port of New Orleans v. Splendour Shipping & Enterprises Co.
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Harrison v. State, Dept. of Highways
375 So. 2d 169
La. Ct. App. 2d Cir. 1979
784 , (1965) and Board of C. of P. of New Orleans v. Splendour S. & E. Co., conclusively established the liability of the City of Shreveport for its torts, *175 and the above cited jurisprudence recognizes the duty of the city to maintain its streets free of hazards to motorists exercising ordinary care.
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Lewis v. Orleans Parish School Bd.
371 So. 2d 328
La. Ct. App. 4th Cir. 1979
10(A), La.Const.1974; Darville v. Associated Indemnity Corporation, La., ; Board of C. of P. of New Orleans v. Splendour S. & E. Co., La., ; see also Segura v. Louisiana Architects Selection Bd., La., .
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Bardfield v. New Orleans Public Belt Railroad
363 So. 2d 1297
La. Ct. App. 1st Cir. 1978
This jurisprudence was subsequently overruled by the Supreme Court in Board of C. of P. of New Orleans v. Splendour, S. & F. Co., (1973).
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Segura v. Louisiana Architects Selection Bd.
362 So. 2d 498
La. 1978
See Board of Commissioners of the Port of New Orleans v. Splendour Shipping & Enterprises Company, Inc., La., (1973).
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DI VINCENTI BROS. v. Livingston Parish S. Bd.
355 So. 2d 1
La. Ct. App. 1st Cir. 1978
For an exhaustive treatment of the subject, see Board of Commissioners for the Port of New Orleans v. Splendour Shipping and Enterprises Company, Inc.
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Segura v. Louisiana Architects Selection Bd.
353 So. 2d 330
La. Ct. App. 1st Cir. 1978
Board of Commissioners of the Port of New Orleans v. Splendour Shipping & Enterprises Company, Inc., decided prior to the constitutional convention.
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Muse v. St. Paul Fire & Marine Ins. Co.
328 So. 2d 698
La. Ct. App. 1st Cir. 1976
Darville v. Associated Indemnity Corporation, La., ; Board of Commissioners of the Port of New Orleans v. Splendour Shipping & Enterprises Company, Inc., La., .
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Darville v. Associated Indemnity Corporation
323 So. 2d 441
La. 1975
We granted certiorari because of the apparent conflict between this decision and the decision of this court in Board of Commissioners of the Port of New Orleans v. Splendour Shipping and Enterprises Company, Inc., (La.
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Williams v. Orleans Parish School Board
317 So. 2d 643
La. Ct. App. 1st Cir. 1975
nstitution, the concurring opinion held the state constitutional grant of sovereign immunity to the school board 2 was unconstitutional, and in an en banc refusal of an application for rehearing, this court expressly held the defense of sovereign immunity and the jurisprudence upholding it were no longer valid for the reasons cited in Board of C. of P. of New Orleans v. Splendour S. & E. Co.
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Orleans Parish School Board v. Williams
312 So. 2d 647
La. 1975
In Board of Commissioners, Port of New Orleans v. Splendour S. & E. Co., this Court announced that it was withdrawing from the plaintiff board the judicially created immunity previously insulating the board from suits in tort.
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Hill v. NORTH-CENTRAL AREA VOCATIONAL TECH. SCH.
310 So. 2d 104
La. 1975
This Court, in Board of Commissioners of the Port of New Orleans v. Splendour Shipping & Enterprises Company, Inc., determined that that Board of Commissioners and similar boards and agencies were no longer protected from suits in tort by the jurisprudentially created rule of sovereign immunity.
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Darville v. Associated Indemnity Corp.
311 So. 2d 925
La. Ct. App. 1st Cir. 1975
In doing so the Lower Court cited Board of Commissioners of Port of New Orleans v. Splendour Shipping and Enterprises, Inc. et al., La., .
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Genusa v. Krulee
305 So. 2d 752
La. Ct. App. 5th Cir. 1974
(decided by this Court on September 10, 1974) we held that the legislative enactments variously referred to in that opinion did not render school boards immune from suit and followed the clear signal transmitted by Board of Commissioners of Port of New Orleans v. Splendor Shipping & Interprises Company, Inc., et al., La.Sup.Ct.1973, .
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Fontenot v. Allen Parish Police Jury
304 So. 2d 95
La. Ct. App. 1st Cir. 1974
The district judge sustained this exception, stating that Board of Commissioners of *96 Port of New Orleans v. Splendour Shipping and Enterprises Company, Inc., La., (1973) does not abolish government immunity as to police juries.
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Orleans Parish School Board v. Williams
300 So. 2d 848
La. Ct. App. 4th Cir. 1974
of New Orleans v. Splendour S. & E. Co., La.1973, .
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Alford v. North-Central Area Vocational Technical School
298 So. 2d 889
La. Ct. App. 1st Cir. 1974
Plaintiff secondly contends there no longer exists any immunity from suit in tort by any agency of the State in view of the Supreme Court decision in Board of Commissioners of Port of New Orleans v. Splendour Shipping and Interprises Co., Inc., La., (1973).
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Traigle v. Parish of Calcasieu
296 So. 2d 411
La. Ct. App. 3d Cir. 1974
Further, the claim of the Parish based on the doctrine of sovereign immunity from suit is without merit since this doctrine has been abrogated by the Supreme Court's decision in Board of C. of P. of New Orleans, v. Splendour S. & E. Co., La., (1973).
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Jackson v. Doe
286 So. 2d 751
La. Ct. App. 1st Cir. 1974
Thus, plaintiff has good reason to be optimistic, especially in view of the Louisiana Supreme Court's later decision in Board of Commissioners of Port of New Orleans v. Splendour Shipping & Enterprises Company, wherein the doctrine of governmental immunity from tort liability was abrogated.
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Pettis v. State Department of Hospitals
281 So. 2d 881
La. Ct. App. 3d Cir. 1973
It is my view that in the recent case of Board of Commissioners of Port of New Orleans v. Splendour Shipping & Enterprises, Inc., La., (1973), our Supreme Court intended nothing less than the total abolition of the defense of sovereign immunity, when claimed by boards and agencies of the State.
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Moore v. Board of Commissioners
273 So. 2d 30
La. 1973
I dissent in these consolidated cases for the reasons assigned in my dissent to Board of Commissioners of Port of New Orleans, An Agency of the State of Louisiana v. Splendour Shipping & Enterprises Company, Inc. et al., La., .