Cited by
Opinions in Louisiana that cite Garlington v. Kingsley, 289 So. 2d 88.
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Papania v. State ex rel. Board of Supervisors of Louisiana State University
108 So. 3d 256
La. Ct. App. 1st Cir. 2013
204 , (1969), the board’s duty to furnish the hospital with reasonably adequate supplies, equipment and facilities for use in treatment and diagnosis of patients, (La.App.
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Brenna Davis v. Women & Children's Hospital Lake Charles
La. Ct. App. 3d Cir. 2011
5 McLin v. Breaux, 05-1911 (La.App.
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Davis v. Women & Children's Hospital Lake Charles
74 So. 3d 291
La. Ct. App. 1st Cir. 2011
204 , (1969), McLin v. Breaux, 05-1911 (LaApp.
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Grimes v. LOUISIANA MEDICAL MUT. INS. CO.
29 So. 3d 505
La. Ct. App. 1st Cir. 2009
204 , (1969), overruled on other grounds
- McLin v. Breaux 950 So. 2d 711 La. Ct. App. 1st Cir. 2006
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Bujol v. Entergy Services, Inc.
833 So. 2d 947
La. Ct. App. 1st Cir. 2003
[33] This case was identified as Grant v. Touro Infirmary and overruled on other grounds in Garlington v. Kingsley , (La.
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Sherman v. Touro Infirmary Hospital
832 So. 2d 334
La. Ct. App. 1st Cir. 2002
at 858 )); (“Prospective [only] application of judicial decisions is the exception rather than the general rule of law.” ( overruling doctrine of charitable immunity, should operate prospectively only.)); Charles v. United States, 15 F.3d 400 , 402 n. 4 (5th Cir.1994) (“ ‘Generally, [under Louisiana law] unless a decision specifies otherwise, it is given both retrospective and prospective effect.’ ” (quoting Succession of Clive
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Lacoste v. Crochet
751 So. 2d 998
La. Ct. App. 4th Cir. 2000
", rehearing denied (02/15/1974).
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Armand v. STATE, DEPT. OF HEALTH & HUMAN
729 So. 2d 1085
La. Ct. App. 1st Cir. 1999
204 , (1969), overruled on other grounds by, the board's duty to furnish the hospital with reasonably adequate supplies, equipment and facilities for use in treatment and diagnosis of patients; (La.App.
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Hollingsworth v. Bowers
690 So. 2d 825
La. Ct. App. 3d Cir. 1996
204 , (1969), overruled on other grounds
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Glass v. First United Pentecostal Church
676 So. 2d 724
La. Ct. App. 3d Cir. 1996
Fruge's Heirs v. Blood Services, 506 F.2d 841 (U.S. 5th Cir.1975); (La.App.
- Distinguished State v. Montz 632 So. 2d 822 La. Ct. App. 4th Cir. 1994
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Whetstone v. Dixon
616 So. 2d 764
La. Ct. App. 1st Cir. 1993
We note that the Louisiana Supreme Court abolished the doctrine of charitable immunity as a
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Goldking Properties Co. v. Primeaux
478 So. 2d 1207
La. 1985
(citing Ardoin v. Hartford Accident & Indemnity Co., ): In a civilian jurisdiction such as ours, in which courts are bound to follow the positive law, case law should not supplant legislative or constitutional authority.
- Sibley v. Bd. of Sup'rs of Louisiana State University 477 So. 2d 1094 La. 1985
- Sibley v. BD. OF SUP'RS OF LA. ST. UNIV., ETC. 446 So. 2d 760 La. Ct. App. 1st Cir. 1984
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Overruled
Block v. Reliance Ins. Co.
433 So. 2d 1040
La. 1983
82 , 74 L.Ed.2d 78 (1982)
- DeBattista v. Argonaut-Southwest Ins. Co. 403 So. 2d 26 La. 1981
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Harris Mortg. Corp. v. Johnson
383 So. 2d 801
La. Ct. App. 1st Cir. 1980
3rd Cir. 1973), reversed on other grounds (La.App.
- Easley v. Firemen's Ins. Co. of Newark, NJ 372 So. 2d 1067 La. Ct. App. 3d Cir. 1979
- South Central Bell Tel. Co. v. Traigle 367 So. 2d 1143 La. 1978
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Shylock, Inc. v. Covenant Broad. Corp. of La.
352 So. 2d 379
La. Ct. App. 4th Cir. 1978
3rd Cir. 1973), reversed on other grounds, La., .
- Vincent v. Ryder Enterprises, Inc. 352 So. 2d 1061 La. Ct. App. 3d Cir. 1977
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Taylor v. Castille
318 So. 2d 106
La. Ct. App. 3d Cir. 1975
759 , ; , reversed on other grounds
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Green v. State, Southwest Louisiana Charity Hosp.
309 So. 2d 706
La. Ct. App. 3d Cir. 1975
overruling Grant v. Touro Infirmary, 254 La.
- Warden v. Southwest Louisiana Hospital Association 300 So. 2d 590 La. Ct. App. 3d Cir. 1974
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Connor v. Methodist Hospital
297 So. 2d 660
La. 1974
We granted this writ which presents the question of "charitable immunity" (La.
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Jackson v. Doe
296 So. 2d 323
La. 1974
The respondent has correctly stated that the primary issue originally presented when this writ was granted (the question of charitable immunity)
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State, Dept. of Highways v. Beaird-Poulan, Inc.
292 So. 2d 842
La. Ct. App. 2d Cir. 1974
-92 (La., 1974), Associate Justice Barham, for the court, pointed out: "The refusal of writs by this Court, which is usually based upon incomplete records and ex parte applications and without hearing, is not decisional law.
- Colonial Pipeline Company v. Agerton 289 So. 2d 93 La. 1974