Cited by

Opinions in Louisiana that cite Turner v. Bucher, 308 So. 2d 270.

53 citing documents.

Scott Loupe and Natalie Loupe, on behalf of their minor child, G.L. v. The Roman Catholic Church of … La. Ct. App. 1st Cir. 2023
Officer John Doe, Police Officer v. Deray Mckesson; Black Lives Matter; Black Lives Matter Network, Incorporated La. 2022
In his treatise, he writes, “There are other situations in which the defendant will be held liable because his affirmative conduct has greatly increased the risk or 11 Courts have found “special relationships” between: (1) parent and child, (La.
Rhodus v. Lewis 193 So. 3d 215 La. Ct. App. 1st Cir. 2016
Penton v. Castellano 127 So. 3d 944 La. Ct. App. 2d Cir. 2013
Clarkston v. Louisiana Farm Bureau Casualty Insurance 989 So. 2d 164 La. Ct. App. 1st Cir. 2008
276 n. 14 (La.1975) (six-year-old child); (La.App.
Clarkston v. LA. FARM BUREAU CAS. INS. CO. 989 So. 2d 164 La. Ct. App. 4th Cir. 2008
276 n. 14 (La.1975) (six-year-old child); (La.App.
Johnson v. Escude 971 So. 2d 529 La. Ct. App. 3d Cir. 2007
3 Cir. 4/5/05), , writ denied, 05-1482 (La.12/16/05), (), this court stated: We conclude that although a child of tender years may be incapable of committing a legal delict because of his lack of capacity to discern the consequences of his act, nevertheless, if the act of a child would be delictual except for this disability, the parent with whom he resides
Rideau v. State Farm Mut. Auto. Ins. Co. 970 So. 2d 564 La. Ct. App. 1st Cir. 2007
276 n. 14 (La.1975) (six-year-old child); (La.App.
Washington v. State ex rel. Department of Social Services 927 So. 2d 1224 La. Ct. App. 2d Cir. 2006
upon the following ruling: We conclude that although a child of tender years may be incapable of committing a legal delict because of his lack of capacity to discern the consequences of his act, nevertheless, if the act of a child would be delictual except for this disability, the parent with whom he reside
Lafayette Parish School Board v. Darlene M. Cormier, on Behalf of Her Minor Child, Jade Cormier La. Ct. App. 3d Cir. 2005
art. 2318, adopted a form of strict liability of the parent for acts of the child.
Lafayette Parish School Bd. v. Cormier 901 So. 2d 1197 La. Ct. App. 3d Cir. 2005
art. 2318, adopted a form of strict liability of the parent for acts of the child.
Jones v. Cobb 834 So. 2d 13 La. Ct. App. 2d Cir. 2002
Jones v. Cobb 793 So. 2d 495 La. Ct. App. 2d Cir. 2001
art. 2318, adopted a form of strict liability of the parent for acts of the child.
Johnson v. Pendleton 751 So. 2d 332 La. Ct. App. 1st Cir. 1999
The trial court also dismissed the claim against Patricia Pen-dleton who was found to be mentally incompetent and not responsible for her 1 ¿ in which our Louisiana Supreme Court held that a mentally incompetent could not be held hable for their actions.
STATE FARM MUT. AUTHO. INS. CO. v. Casualty Reciprocal Exch. 600 So. 2d 106 La. Ct. App. 2d Cir. 1992
Gresham v. Davenport 537 So. 2d 1144 La. 1989
Preston v. Granger 517 So. 2d 1125 La. Ct. App. 5th Cir. 1987
7A Appleman, Insurance Law and Practice, Ch. 190 Section 4492.02 (1979).
Howard v. Allstate Ins. Co. 510 So. 2d 685 La. Ct. App. 4th Cir. 1987
Article 2318; Article 2321.
Brannon v. Shelter Mut. Ins. Co. 507 So. 2d 194 La. 1987
Melder v. State Farm Fire & Casualty Co. 498 So. 2d 1095 La. Ct. App. 1st Cir. 1986
STRICT LIABILITY The plaintiff-appellant further contends that “the trial court committed error in failing to apply strict liability to the facts of this case.” as authority for this contention.
Ducote v. State Farm Fire & Cas. Ins. Co. 488 So. 2d 385 La. Ct. App. 3d Cir. 1986
Halphen v. Johns-Manville Sales Corp. 484 So. 2d 110 La. 1986
Loche v. Standard Associates Management & Consultants, Inc. 452 So. 2d 300 La. Ct. App. 2d Cir. 1984
Pizzo v. Graves 453 So. 2d 592 La. Ct. App. 5th Cir. 1984
the Supreme Court overruled previous holdings and held that the liability imposed by article 2318 is strict liability.
Fromenthal v. Clark 442 So. 2d 608 La. Ct. App. 1st Cir. 1983
4th Cir.1977), writ denied noted 49 Tul.L.Rev.
Audubon Insurance Co. v. Fuller 430 So. 2d 343 La. Ct. App. 3d Cir. 1983
Sentry Indem. Co. v. Rester 430 So. 2d 1159 La. Ct. App. 1st Cir. 1983
rehearing denied 1975, the court held "This legal fault is determined without regard to whether the parent could or could not have prevented the act of the child, i.e., without regard to the parent's negligence.
Schulze v. Perry 427 So. 2d 467 La. Ct. App. 1st Cir. 1983
Ryle v. Potter 413 So. 2d 649 La. Ct. App. 1st Cir. 1982
West v. Jones 411 So. 2d 532 La. Ct. App. 1st Cir. 1982
Deshotel v. Travelers Indemnity Company, 257 La.
LaBorde v. Eagle Trucking Co. 409 So. 2d 1266 La. Ct. App. 1st Cir. 1982
Dorry v. LaFleur 399 So. 2d 559 La. 1981
Flannigan v. Valliant 400 So. 2d 225 La. Ct. App. 4th Cir. 1981
Jones v. CITY OF BATON ROUGE, ETC. 388 So. 2d 737 La. 1980
we extended this concept of legal fault, that is, fault without negligence, to the relationship between parents and their minor children, under article 2318.
Kent v. Gulf States Utilities Co. 398 So. 2d 560 La. Ct. App. 1st Cir. 1980
Cardwell v. Jefferson Rentals Division 379 So. 2d 255 La. Ct. App. 4th Cir. 1979
2315 through 2324 of the Louisiana Civil Code on liability for offenses and quasi-offenses extending strict liability to the owner of an animal under Art. 2321 and to the parents of small children under Art. 2318
Daniel v. Cambridge Mut. Fire Ins. Co. 368 So. 2d 810 La. Ct. App. 2d Cir. 1979
Art. 2318 [2] , imposing strict liability on a parent for damages caused by the delict of his minor child, (La.
Arceneaux v. Domingue 365 So. 2d 1330 La. 1978
Tri-State Etc. v. Fid. & Cas. Ins. Etc. 364 So. 2d 657 La. Ct. App. 2d Cir. 1978
Tri-State Insurance Co. of Tulsa v. Fidelity & Casualty Insurance Co. of N. Y. 364 So. 2d 657 La. Ct. App. 1st Cir. 1978
Von Dameck v. St. Paul Fire & Marine Ins. 361 So. 2d 283 La. Ct. App. 1st Cir. 1978
the Supreme Court, in discussing the delictual responsibility of minors and insane persons, stated the following: ".
Ardoin v. Hartford Acc. & Indem. Co. 360 So. 2d 1331 La. 1978
[4] Langlois v. Allied Chemical Corp., supra, 249 So.2d at 137 ; see, Stone, Tort Doctrine in Louisiana, 17 Tul.L.Rev.
Hebert v. United Services Auto. Ass'n 355 So. 2d 575 La. Ct. App. 3d Cir. 1978
Tardo v. NEW ORLEANS PUBLIC SERV., INC. 353 So. 2d 409 La. Ct. App. 4th Cir. 1978
Next, (1976) (1975) (1974), imposing liability without proof of negligence for delictual acts of a small child and a dog respectively to liability for damages caused when a diseased tree fell from defendant's property on plaintiff's automobile.
Richard v. Boudreaux 347 So. 2d 1298 La. Ct. App. 1st Cir. 1977
which holds "that although a child of tender years may be incapable of committing a legal delict because of his lack of capacity to discern the consequences of his act, nevertheless, if the act of a child would be delictual except for this disability, the parent with whom he resides is legally at fault and
Thibo v. Aetna Ins. Co. 347 So. 2d 20 La. Ct. App. 3d Cir. 1977
appellants were strictly liable for any injuries caused by the children at the home and granted judgment against the father and homeowner and Aetna Insurance Company as his homeowner's insurer.
Betbeze v. Cherokee Nat. Ins. Co. 345 So. 2d 577 La. Ct. App. 4th Cir. 1977
that parents of a child of tender years are strictly liable for the child's actions, defendants argue it is irrelevant that the Brodish child was incapable of actually being guilty of fault.
Maus v. Schouest 342 So. 2d 715 La. Ct. App. 4th Cir. 1977
for that opinion contains the following language which we find clear and unequivocal: "This opinion in no way affects the long line of jurisprudence which holds that certain minor children are incapable of contributory negligence.
Babin v. Zurich Ins. Co. 336 So. 2d 900 La. Ct. App. 4th Cir. 1976
Collins v. Wilson 331 So. 2d 603 La. Ct. App. 1st Cir. 1976
2d 113 (La.1974); be followed, there would be a presumption of fault on the part of the teacher in the event of damage to a third party by a student under his supervision.