DocketDrift

Real-time tracking of state judicial trends.

Outcomes

Public record · Human review · No verdicts asserted

Cited by

Opinions in Louisiana that cite Prestenbach v. Sentry Ins. Co., 340 So. 2d 1331.

80 citing documents.

  • Carpenter v. State Farm Fire and Cas. Co. 411 So. 2d 1206 La. Ct. App. 4th Cir. 1982
  • Lytell v. Hushfield 408 So. 2d 1344 La. 1982
  • Kaplan v. Missouri Pacific R. Co. 409 So. 2d 298 La. Ct. App. 3d Cir. 1981
    Langlois [v. Allied Chemical Corporation, 258 La.
  • Robillard v. P & R RACETRACKS, INC. 405 So. 2d 1203 La. Ct. App. 1st Cir. 1981
  • Chausse v. Southland Corp. 400 So. 2d 1199 La. Ct. App. 1st Cir. 1981
    it was not proved that the girls assumed the risk of the harm they encountered in consenting to ride with Russell.
  • Dorry v. LaFleur 399 So. 2d 559 La. 1981
    *562 we had said: "Recovery is denied if the plaintiff knew or should have known of the risk involved.
  • Lapoint v. Breaux 395 So. 2d 1377 La. Ct. App. 1st Cir. 1981
  • State ex rel. Department of Highways v. Ellender 391 So. 2d 1234 La. Ct. App. 1st Cir. 1980
  • Gaar v. State, ex rel. Department of Highways 389 So. 2d 426 La. Ct. App. 1st Cir. 1980
    “Proof by a preponderance of the evidence simply means that, taking the evidence as a whole, such proof shows that the fact or cause sought to be proved is more probable than not.” (citations omitted) (La.
  • Dorry v. LaFleur 387 So. 2d 690 La. Ct. App. 3d Cir. 1980
  • Dofflemyer v. Gilley 384 So. 2d 435 La. 1980
  • Powell v. Heck 378 So. 2d 582 La. Ct. App. 1st Cir. 1979
    The legal principles applicable in assumption of risk cases where the host driver’s as follows: “The law is well settled that a guest passenger riding with a driver who has been drinking excessively assumes the risk of injuries received in an accident caused in whole or in part by the driver’s negligence, if the alcohol-induced impairment of the driver’s ability is a substantial contributo
  • Free v. Liberty Mutual Insurance 377 So. 2d 410 La. Ct. App. 1st Cir. 1979
    as follows: The law is well settled that a guest passenger riding with a driver who has been drinking excessively assumes the risk of injuries received in an accident caused in whole or in part by the driver’s negligence, if the alcohol-induced impairment of the driver’s ability is a substantial contributory
  • Dofflemyer v. Gilley 378 So. 2d 440 La. Ct. App. 1st Cir. 1979
    the issue was whether a guest passenger assumed the risk of injury by an intoxicated driver.
  • Guillory v. Bertrand 375 So. 2d 144 La. Ct. App. 1st Cir. 1979
  • Bennett v. US Fid. & Guar. Co. 373 So. 2d 1362 La. Ct. App. 1st Cir. 1979
  • Case v. Arrow Trucking Co. 372 So. 2d 670 La. Ct. App. 1st Cir. 1979
    Conversely, in which the Supreme Court held that contributory negligence or assumption of risk is not imputed to the guest of an intoxicated host driver merely because the guest passenger is in a position to make observations concerning the amount of alcohol consumed by his host driver.
  • Romero v. Town of Welsh 370 So. 2d 1286 La. Ct. App. 3d Cir. 1979
  • Bass v. Aetna Ins. Co. 370 So. 2d 511 La. 1979
  • Brandon v. State, Through Dept. of Highways 367 So. 2d 137 La. Ct. App. 2d Cir. 1979
    This Court is of the opinion that under the facts established in this case the passengers in the Rodgers vehicle were not contributorily negligent by riding with Dayton Rodgers because the Department failed to prove by a preponderance of the evidence *146 all three requirements of the Prestenbach case [ ], i. e. that Rodgers was intoxicated, his intoxication was a cause of the accident, and the passengers knew, or should reasonably have known from personal observation of the driver's activities
  • Guillotte v. Houston General Ins. Co. 368 So. 2d 1026 La. 1979
    Co., which obliges the defendants to prove that Mrs. Guillotte, with full knowledge and appreciation of the danger which produced her injury, voluntarily exposed herself to that risk.
  • Roberts v. Tiny Tim Thrifty Check 367 So. 2d 64 La. Ct. App. 4th Cir. 1979
  • Roncal v. Commercial Union Assurance Co. 367 So. 2d 24 La. Ct. App. 1st Cir. 1978
  • Fincher v. Surrette 365 So. 2d 860 La. Ct. App. 4th Cir. 1978
  • McLaughlin v. HOME INDEMNITY INS. CO. 361 So. 2d 1227 La. Ct. App. 1st Cir. 1978
  • Moore v. Travelers Indemnity Co. 352 So. 2d 270 La. Ct. App. 2d Cir. 1978
    Prestenbach v. Sentry Insurance Co. (La.App.
  • Champagne v. McDonald 355 So. 2d 1335 La. Ct. App. 3d Cir. 1978
    1st Cir. 1974, writ refused)
  • Carter v. Alexis 356 So. 2d 445 La. Ct. App. 1st Cir. 1977
    In support of these contentions, (La.App.
  • Evans v. Travelers Insurance 351 So. 2d 783 La. Ct. App. 1st Cir. 1977
  • Morris v. Gray 344 So. 2d 106 La. Ct. App. 1st Cir. 1977