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Opinions in Louisiana that cite Loescher v. Parr, 324 So. 2d 441.

515 citing documents.

Kent v. Gulf States Utilities Co. 398 So. 2d 560 La. Ct. App. 1st Cir. 1980
Sikes v. McLean Trucking Co. 383 So. 2d 111 La. Ct. App. 3d Cir. 1980
South Central Bell Tel. Co. v. Hartford Acc. & Indemnity Co. 385 So. 2d 830 La. Ct. App. 1st Cir. 1980
Smith v. Crown Zellerbach Corp. 385 So. 2d 307 La. Ct. App. 1st Cir. 1980
However, ([La.]1978) ([La.]1975).
Golman v. Dixie Ins. Co. 385 So. 2d 309 La. Ct. App. 1st Cir. 1980
the court said: "Articles 2315 through 2324 of the Louisiana Civil Code comprise the code's entire chapter of legal principle regulating offenses and quasi-offenses.
Foster v. Hampton 381 So. 2d 789 La. 1980
Caldwell v. Montgomery Ward & Company, Inc., (La.App.
Sullivan v. Gulf States Utilities Co. 382 So. 2d 184 La. Ct. App. 1st Cir. 1980
Roberts v. Heath 380 So. 2d 113 La. Ct. App. 1st Cir. 1979
“Plaintiff also asserts that the defendant should be liable under the doctrine of Loescher vs. Parr .
Brummerloh v. Firemen's Ins. Co. of Newark 377 So. 2d 1301 La. Ct. App. 3d Cir. 1979
which held as follows: "...
Cardwell v. Jefferson Rentals Division 379 So. 2d 255 La. Ct. App. 4th Cir. 1979
Rapattoni v. Commercial Union Assur. Co. 378 So. 2d 953 La. Ct. App. 3d Cir. 1979
Article 2317, for the reason that in the present case the evidence does not prove a defect in the marble slab caused it to break and fall.
Ryle v. Baton Rouge General Hospital 376 So. 2d 1024 La. Ct. App. 1st Cir. 1979
The appellants contend that liability of the Hospital should be based on Civil Code Article 2317
Jones v. City of Baton Rouge 376 So. 2d 1003 La. Ct. App. 1st Cir. 1979
Article 2317 to governmental agencies and entities, (La.App.
Hunt v. City Stores, Inc. 375 So. 2d 1194 La. Ct. App. 1st Cir. 1979
Guillory v. Bertrand 375 So. 2d 144 La. Ct. App. 1st Cir. 1979
Vicknair v. TL James Co., Inc. 375 So. 2d 960 La. Ct. App. 4th Cir. 1979
Kasperski v. Patterson Services, Inc. 371 So. 2d 1254 La. Ct. App. 3d Cir. 1979
Justice Tate, writing for the Louisiana Supreme Court, held that Art. 2317 provides for strict liability resulting from any damage caused by the defect existing in a thing under the custody of any individual.
Explained Hebert v. Town of Ville Platte 373 So. 2d 229 La. Ct. App. 1st Cir. 1979
Article 2317 or whether if such did apply under the instant facts, plaintiff’s recovery would be barred in light of our holding in Gallien v. Commercial Union Ins.
Kirsch v. Kappa Alpha Order 373 So. 2d 775 La. Ct. App. 3d Cir. 1979
In brief to this court plaintiff contends that the trial court erred in (1) basing its opinion on negligence; (2) and, (3) holding that defendants had proved the special affirmative defense of "Act of God".
Marquez v. City Stores Co. 371 So. 2d 810 La. 1979
tual issue of liability, the Court of Appeal found that this accident could not have been anticipated by City Stores even with the exercise of all human care, vigilance and foresight reasonably suggested under the circumstances; that the plaintiff failed to prove a defect or vice in the escalator through which the damage occurred, and that the dismissal of Otis and its insurer was a final judgment because plaintiff only answered City Stores' appeal without taking his own appeal.
Boudoin v. Schwegmann Bros. Giant Supermarket 371 So. 2d 370 La. Ct. App. 4th Cir. 1979
Reinhard v. City of New Orleans 371 So. 2d 286 La. Ct. App. 4th Cir. 1979
The trial court also found liability on the part of South Central Bell based on Article 2317 [1]
Parker v. South La. Contractors, Inc. 370 So. 2d 1310 La. Ct. App. 1st Cir. 1979
nor that the trial judge was without error in charging the jury as such.
Daniel v. Cambridge Mut. Fire Ins. Co. 368 So. 2d 810 La. Ct. App. 2d Cir. 1979
Followed Durbin v. City of Baton Rouge 366 So. 2d 1020 La. Ct. App. 1st Cir. 1978
Art. 2317 to justify a governmental agency being treated differently from a private defendant.
Arceneaux v. Domingue 365 So. 2d 1330 La. 1978
we examined the principle of fault in Louisiana covered by Civil Code articles 2315-2322.
Tri-State Etc. v. Fid. & Cas. Ins. Etc. 364 So. 2d 657 La. Ct. App. 2d Cir. 1978
Olsen v. Shell Oil Co. 365 So. 2d 1285 La. 1978
and decisions therein cited.
Tri-State Insurance Co. of Tulsa v. Fidelity & Casualty Insurance Co. of N. Y. 364 So. 2d 657 La. Ct. App. 1st Cir. 1978
Cobbs v. City of Shreveport 365 So. 2d 1 La. Ct. App. 1st Cir. 1978
one blinker even on the first of ten or more barricades which were interspersed over a distance of more than 300 feet constitutes a defective thing within the meaning of CC Art. 2317, and its progeny.
Wolverton v. City Stores Co. 363 So. 2d 1321 La. Ct. App. 4th Cir. 1978
With regard to the liability of City Stores, under the recent interpretations of Articles 2317 [3] and 2322 [4] its liability seems almost inescapable.
Marquez v. City Stores Co. 363 So. 2d 1287 La. Ct. App. 1st Cir. 1978
This, however, is to be understood with the following modifications.” (La.
Gordon v. City of New Orleans 363 So. 2d 235 La. Ct. App. 4th Cir. 1978
Under this article the owner of a tree, for example, is responsible for damage caused by its fall; Loescher v. Parr, La.1975, .
Anding v. Southwestern Ins. Co. 358 So. 2d 690 La. Ct. App. 3d Cir. 1978
The principle of legal fault under this article, is that a party legally responsible for a thing which creates an unreasonable risk of harm to others can be held liable for resulting damage even though free of negligence.
Poe v. State Farm General Ins. Co. 360 So. 2d 634 La. Ct. App. 3d Cir. 1978
The judgment of the trial court was based upon Louisiana Civil Code Article 2317
Ardoin v. Hartford Acc. & Indem. Co. 360 So. 2d 1331 La. 1978
Narcisse v. Fontcuberta 359 So. 2d 1342 La. Ct. App. 4th Cir. 1978
Sentry Ins. Co. v. Thomas 360 So. 2d 268 La. Ct. App. 4th Cir. 1978
Alfonso v. Market Facilities of Houston, Inc. 356 So. 2d 86 La. Ct. App. 1st Cir. 1978
Leaber v. Jolley Elevator Corp. 354 So. 2d 746 La. Ct. App. 4th Cir. 1978
American Road Ins. Co. v. Montgomery 354 So. 2d 656 La. Ct. App. 1st Cir. 1978
Art. 2317 [1] and Loescher v. Parr, La., (1975).
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'
Gallien v. Commercial Union Ins. Co. 353 So. 2d 1127 La. Ct. App. 3d Cir. 1978
Plaintiff-appellant relies on the case of Loescher v. Parr, La.Sup.Ct., (1975).
Brooks v. US FID. & GUARANTY CO. 358 So. 2d 660 La. Ct. App. 1st Cir. 1978
Martin v. Southern Baptist Hospital 352 So. 2d 351 La. Ct. App. 4th Cir. 1978
[1] In this connection, and cases following.
Prier v. Horace Mann Ins. Co. 351 So. 2d 265 La. Ct. App. 3d Cir. 1977
art. 2317, even though the school board was free from negligence.
Carter v. Salter 351 So. 2d 312 La. Ct. App. 3d Cir. 1977
art. 2317 [1] , constituting an attractive nuisance to Brent.
Trahan v. Liberty Mut. Ins. Co. 348 So. 2d 205 La. Ct. App. 3d Cir. 1977
Concerning strict liability, appellant suggests that under Article 2317 of the Louisiana Civil Code, that strict liability is applicable to the facts of this case as set out in the summary judgment.
Korver v. CITY OF BATON ROUGE. ETC. 348 So. 2d 708 La. Ct. App. 1st Cir. 1977
Parker v. Hanks 345 So. 2d 194 La. Ct. App. 3d Cir. 1977
PLAINTIFF'S LEGAL POSITION Plaintiff acknowledges that fault without negligence cases such as Holland v. Buckley, supra , have recognized that the party presumptively at fault may be absolved of responsibility by rebutting the presumption.

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