Cited by
Opinions in Louisiana that cite Loescher v. Parr, 324 So. 2d 441.
- Vicki Hood v. Sasol Chemicals (Usa) LLC La. Ct. App. 3d Cir. 2024
- 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
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Truxillo v. Louisiana Stadium & Exposition District
172 So. 3d 79
La. Ct. App. 1st Cir. 2015
The Louisiana Supreme Court has held that “under most circumstances, ownership alone establishes the requisite benefit, control and authority to find garde.” Doughty v. Insured Lloyds Insurance Co., et al., , , 449 n. 7 (La.1975).
- Davis v. Riverside Court Condominium Ass'n Phase II, Inc. 154 So. 3d 643 La. Ct. App. 1st Cir. 2014
- Evelyn Honore, Et Ux. v. Family Dollar Stores of Louisiana, Inc. La. Ct. App. 3d Cir. 2013
- Honore v. Family Dollar Stores of Louisiana, Inc. 115 So. 3d 1234 La. Ct. App. 1st Cir. 2013
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Broussard v. State ex rel. Office of State Buildings
113 So. 3d 175
La. 2013
See, e.g., Dupree, 99-3651 at p. 5, 765 So.2d at 1008 ; Jones v. Hawkins, 98-1259 (La.3/19/99), ; Oster, 582 So.2d at 1288
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Markus Trautmann, Et Ux. v. Charles G. Fitzgerald
La. Ct. App. 3d Cir. 2013
5 Cir. 4/24/07), -447 (La.1975).
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Trautmann v. Fitzgerald
113 So. 3d 429
La. Ct. App. 1st Cir. 2013
5 Cir. 4/24/07), 955 So.2d *442 758 ; -147 (La.'l975).
- Theresa St. Julien v. Julie Walters Landry La. Ct. App. 3d Cir. 2012
- Julien v. Landry 94 So. 3d 976 La. Ct. App. 1st Cir. 2012
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Price v. Martin
79 So. 3d 960
La. 2011
this court held that claims under La.
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Williams v. Galofaro
79 So. 3d 1068
La. Ct. App. 1st Cir. 2011
Civ.Code art. 2317, -449 (La.1976).
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Chambers v. Village of Moreauville
60 So. 3d 125
La. Ct. App. 1st Cir. 2011
A “defect” for purposes of article 2317 can be described as any “risk-creating harm.”
- Williams v. Ruben Residential Properties, LLC 58 So. 3d 534 La. Ct. App. 2d Cir. 2011
- Pearson v. DELAUNE 54 So. 3d 172 La. Ct. App. 1st Cir. 2010
- Smegal v. Gettys 48 So. 3d 431 La. Ct. App. 1st Cir. 2010
- Del Dean David, Et Ux. v. Velsicol Chemical Corp. La. Ct. App. 3d Cir. 2010
- Susan and Edward L. Wilhelm v. Mosaic Global Operations, Inc. La. Ct. App. 3d Cir. 2010
- David v. Velsicol Chem. Corp. 49 So. 3d 997 La. Ct. App. 1st Cir. 2010
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Meaux v. Wendy's International, Inc.
51 So. 3d 778
La. Ct. App. 1st Cir. 2010
5 Cir. 4/24/07) , ; -447 (La.1975).
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Moffitt v. Sewerage & Water Board of New Orleans
40 So. 3d 336
La. Ct. App. 1st Cir. 2010
(emphasis added) The traditional notions of strict liability imbedded in decisions such as Loescher v. Pan", are nearly entirely abrogated by the Lawmaker’s amendments to the Civil Code which resulted in the current versions of the articles cited as well as to La.
- Noel v. Housing Authority of New Orleans 36 So. 3d 982 La. Ct. App. 1st Cir. 2010
- Everett v. State Farm Fire & Casualty Insurance Co. 37 So. 3d 456 La. Ct. App. 1st Cir. 2010
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Rando v. Anco Insulations Inc.
16 So. 3d 1065
La. 2009
n. 6, quoting David E. Verlander III, We Are Responsible, 2 Tul.
- Willie Mae Ambrose v. City of New Iberia La. Ct. App. 3d Cir. 2009
- Ambrose v. City of New Iberia 11 So. 3d 34 La. Ct. App. 1st Cir. 2009
- Price v. Tenneco Oil Co. 996 So. 2d 1260 La. Ct. App. 3d Cir. 2008
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Holland v. Teague
996 So. 2d 325
La. Ct. App. 2d Cir. 2008
g that the "unreasonable risk of harm" criterion still applies for the measure of strict liability for dog-related injuries, the court observed: Given that Article 2317 and the first clause of former Article 2321, now the first sentence of revised Article 2321, seemingly impose liability without fault in all cases upon the owner or guardian of the defective thing or animal, the Loescher [v. Parr, (La.
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Graves v. Riverwood Intern. Corp.
949 So. 2d 576
La. Ct. App. 2d Cir. 2007
Specifically, Olin asserts that "[T]he jury did not receive a *584 and they did not receive an instruction (nor were they allowed to decide) the factual issue of whether asbestos was an oxygen or metal compound."
- Ronald K. Chavers v. Bright Truck Leasing Corp. La. Ct. App. 3d Cir. 2006
- Chavers v. Bright Truck Leasing 945 So. 2d 838 La. Ct. App. 3d Cir. 2006
- McBride v. XYZ Insurance 935 So. 2d 326 La. Ct. App. 2d Cir. 2006
- Carl Harris Hesse v. Champ Service Line La. Ct. App. 3d Cir. 2006
- Hesse v. CHAMP SERVICE LINE 933 So. 2d 247 La. Ct. App. 3d Cir. 2006
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Washington v. State ex rel. Department of Social Services
927 So. 2d 1224
La. Ct. App. 2d Cir. 2006
Prior to 1996, 2 Article 2317, *1228 (La.1975) and its progeny, imposed strict liability solely “based upon the relationship, i.e. supervision and control, between the person with custody and the thing posing an unreasonable risk of harm to others.” Dupree v. City of New Orleans, 99-3651 (La.8/31/00), .
- Granda v. State Farm Mutual Insurance Co. 935 So. 2d 698 La. Ct. App. 1st Cir. 2006
- Granda v. State Farm Mut. Ins. Co. 935 So. 2d 703 La. Ct. App. 1st Cir. 2006
- Giorgio v. Alliance Operating Corp. 921 So. 2d 58 La. 2006
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Zimko v. American Cyanamid
905 So. 2d 465
La. Ct. App. 4th Cir. 2005
art. 2317 [ i.e., was decided] and because American Cyanamid did not have custody of the asbestos fibers that allegedly clung to his father's clothes, he cannot recover in strict liability under article 2317.
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Lafayette Parish School Board v. Darlene M. Cormier, on Behalf of Her Minor Child, Jade Cormier
La. Ct. App. 3d Cir. 2005
At the time of the ruling in Turner v. Bucher, supra, Louisiana’s strict liability law for damages caused by a person or thing in one’s providing interpretation for La.
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Lafayette Parish School Bd. v. Cormier
901 So. 2d 1197
La. Ct. App. 3d Cir. 2005
At the time of the ruling in Turner v. Bucher, supra , Louisiana's strict liability law for damages caused by a providing interpretation for La.
- Sevin v. Parish of Plaquemines 901 So. 2d 619 La. Ct. App. 4th Cir. 2005
- Morella v. Board of Commissioners 888 So. 2d 321 La. Ct. App. 1st Cir. 2004
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McElveen v. City of New Orleans
888 So. 2d 878
La. Ct. App. 4th Cir. 2004
this court held that: The things in one's care are those things to which one bears such a relationship as to have the right of direction and control over them and to draw some kind of benefit from them.
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Pamplin v. Bossier Parish Community College
878 So. 2d 889
La. Ct. App. 2d Cir. 2004
Regarding the issue of constructive notice
- Engles v. City of New Orleans 872 So. 2d 1166 La. Ct. App. 4th Cir. 2004
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Pepper v. Triplet
864 So. 2d 181
La. 2004
A year later, a case involving a person's liability under La.
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Brown v. Williams
850 So. 2d 1116
La. Ct. App. 2d Cir. 2003
about the healthy looking sixty-foot magnolia which fell across the property line upon the neighbor's Cadillac.
- David v. Our Lady of the Lake Hosp., Inc. 849 So. 2d 38 La. 2003