Cited by
Opinions in Louisiana that cite Coleman v. Victor, 326 So. 2d 344.
- Sanders v. State Farm Mut. Auto. Ins. Co. 516 So. 2d 1162 La. Ct. App. 2d Cir. 1987
- Kolder v. State Farm Ins. Co. 520 So. 2d 960 La. Ct. App. 3d Cir. 1987
- Fortson v. Louisiana Power & Light Co. 509 So. 2d 743 La. Ct. App. 3d Cir. 1987
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Wahden v. Sanders
507 So. 2d 862
La. Ct. App. 1st Cir. 1987
that “[i]t is well settled that plaintiff has the burden of proving by a preponderance of the evidence damages caused by defendant’s fault.” The jury evidently concluded that Wah-den did not receive injuries beyond those he already sustained in earlier accidents or incidents; nor did he suffer any exace
- Harrigan v. Freeman 498 So. 2d 58 La. Ct. App. 1st Cir. 1986
- Olivier v. Sears Roebuck & Co. 499 So. 2d 1058 La. Ct. App. 3d Cir. 1986
- Johnson v. Masur 493 So. 2d 881 La. Ct. App. 3d Cir. 1986
- Anderson v. Rabb 484 So. 2d 196 La. Ct. App. 1st Cir. 1986
- Giles Lafayette, Inc. v. State Farm Mut. Auto. Ins. 467 So. 2d 1309 La. Ct. App. 3d Cir. 1985
- Lemon v. Fein 467 So. 2d 548 La. Ct. App. 4th Cir. 1985
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Matherne v. Terrebonne Parish Police Jury
462 So. 2d 274
La. Ct. App. 1st Cir. 1984
The measurement of recovery for property damages under La.Civ.Code art. 2315 was found by the district court to be the cost of restoration and the value of the lost use of the property
- Carter v. Gulf States Utilities Co. 454 So. 2d 817 La. Ct. App. 1st Cir. 1984
- Price v. State 451 So. 2d 644 La. Ct. App. 3d Cir. 1984
- Brown v. Morgan 449 So. 2d 606 La. Ct. App. 1st Cir. 1984
- Brown v. Delegal Construction Corp. 445 So. 2d 1251 La. Ct. App. 1st Cir. 1984
- Zuviceh v. Rodriguez 444 So. 2d 767 La. Ct. App. 4th Cir. 1984
- Sibley v. Insured Lloyds 442 So. 2d 627 La. Ct. App. 1st Cir. 1983
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French Jordan, Inc. v. Oilfield Sales & Serv.
439 So. 2d 523
La. Ct. App. 1st Cir. 1983
Kalmn, Inc. v. Empiregas, Corp., (La.App.
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Usand v. New Orleans Public Service, Inc.
438 So. 2d 258
La. Ct. App. 1st Cir. 1983
wherein it declared that if property is totally destroyed, then the plaintiff should be awarded the value of the property prior to the accident, less any salvage value.
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Amer. MacH. Movers v. Continental Container
436 So. 2d 1289
La. Ct. App. 4th Cir. 1983
Rev. 611 (1877), and McCormick on Evidence, ง 54, 2d Ed., (1972).
- Edwards v. BANKERS AND SHIPPERS INS. CO. 432 So. 2d 1138 La. Ct. App. 3d Cir. 1983
- Sigue Trucking, Inc. v. Insured Lloyds 417 So. 2d 97 La. Ct. App. 3d Cir. 1982
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White v. Cumis Ins. Soc.
415 So. 2d 574
La. Ct. App. 3d Cir. 1982
Comeaux v. Barksdale, supra.
- Bunkie Funeral Home, Inc. v. McNutt 414 So. 2d 1263 La. Ct. App. 3d Cir. 1982
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Criticized
Cenac v. Duplantis Moving & Storage Co.
407 So. 2d 424
La. Ct. App. 1st Cir. 1981
the Supreme Court criticized the three prong test utilized by the Courts of Appeal as summarized in Davis v. Roberts, supra, and specifically held that "no mechanical rule can be applied with exactitude in the assessment of property damages under Article 2315."
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Kalmn, Inc. v. Empiregas Corp.
406 So. 2d 276
La. Ct. App. 3d Cir. 1981
Cobb v. Insured Lloyds, et al., (La.App.
- Foggan v. LOUISIANA DEPT. OF TRANSP. AND DEVELOPMENT 402 So. 2d 154 La. Ct. App. 1st Cir. 1981
- Hill v. Smith 399 So. 2d 708 La. Ct. App. 1st Cir. 1981
- Emerson v. Empire Fire & Marine Ins. Co. 393 So. 2d 691 La. 1981
- Derouen v. Dept. of Transp. & Development 392 So. 2d 765 La. Ct. App. 3d Cir. 1980
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Phillips v. Rollins-Purle, Inc.
387 So. 2d 1148
La. 1980
art. 2315; Jordan v. Travelers Ins.
- Emerson v. Empire Fire & Marine Insurance 387 So. 2d 1238 La. Ct. App. 1st Cir. 1980
- Williams v. Louisiana MacHinery Co., Inc. 387 So. 2d 8 La. Ct. App. 3d Cir. 1980
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Mayer v. McNair Transport, Inc.
384 So. 2d 525
La. Ct. App. 2d Cir. 1980
the court stated that no mechanical rule should be applied in assessment of property damage and that each case must rest on its own peculiar facts and circumstances.
- Romero v. Town of Welsh 370 So. 2d 1286 La. Ct. App. 3d Cir. 1979
- State, Division of Administration, Compensation, Payment & Control v. State, Department of Labor, Office of Employment of Security 367 So. 2d 43 La. Ct. App. 1st Cir. 1978
- Orgeron v. Sweatman 367 So. 2d 1199 La. Ct. App. 4th Cir. 1978
- Hale v. Champagne 365 So. 2d 55 La. Ct. App. 1st Cir. 1978
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Smith v. Government Employees Insurance
358 So. 2d 1289
La. 1978
In Coleman v. Victor, La., (1976), we stated: “When property is damaged through the legal fault of another, the primary objective is to restore the property as nearly as possible to the state it was in immediately preceding the damage, it is well settled that the measure of damage is the cost of restoring the property to its former condition.
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Tennessee Gas Pipeline Co. v. Administrator, Department of Employment Security
356 So. 2d 114
La. Ct. App. 1st Cir. 1978
App. 1 Cir. 1976), writ denied, La., , was cited as authority.
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Smith v. Government Employees Insurance Co.
349 So. 2d 435
La. Ct. App. 1st Cir. 1977
(1976), the Supreme Court rejected an argument that the plaintiff was entitled to $1450 being the difference between the value of plaintiff’s automobile before the accident and the sum for which the automobile was sold by her after the accident, and limited plaintiff’s recovery to the estimated cost of repair.
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Twi-Ro-Pa Mills Agency, Inc. v. Imperial Enterprises, Inc.
344 So. 2d 1183
La. Ct. App. 1st Cir. 1977
the Supreme Court stated: “When property is damaged through the legal fault of another, the primary objective is to restore the property as nearly as possible to the state it was in immediately preceding the damage, it is well settled that the measure of damage is the cost of restoring the property to its
- Smith v. Gerace 339 So. 2d 410 La. Ct. App. 1st Cir. 1976
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Motorola, Inc. v. Standard Materials, Inc.
337 So. 2d 1214
La. Ct. App. 1st Cir. 1976
See Coleman & Bean v. Victor, Inc., La., (1976).
- Chauvin v. Clark 326 So. 2d 609 La. Ct. App. 1st Cir. 1976