Cited by

Opinions in Louisiana that cite Marquez v. City Stores Co., 371 So. 2d 810.

32 citing documents.

Woods v. City of New Orleans 871 So. 2d 1222 La. Ct. App. 4th Cir. 2004
wherein the Supreme Court reinstated damages in the amount of $7,500 for a young child who had half of his left great toe amputated following an escalator accident.
Guilfore v. DH Holmes Co., Ltd. 631 So. 2d 491 La. Ct. App. 4th Cir. 1994
Brown v. Sears, Roebuck and Co. 514 So. 2d 439 La. 1987
[14] the seminal Louisiana case on escalator liability in regard to small children.
Brown v. Sears Roebuck & Co. 503 So. 2d 1122 La. Ct. App. 3d Cir. 1987
In granting plaintiff's motion for a directed verdict, and Hunt v. City Stores, Inc., and, (La.App.
Dean v. Lake Charles Harbor & Terminal Dist. 496 So. 2d 1352 La. Ct. App. 3d Cir. 1986
Ross v. Lewis 446 So. 2d 1322 La. Ct. App. 2d Cir. 1984
Jackson v. Fireman's Fund Ins. Co. 436 So. 2d 698 La. Ct. App. 3d Cir. 1983
Jackson has cited two cases; (La.
Benoit v. Ryan Chevrolet 428 So. 2d 489 La. Ct. App. 2d Cir. 1983
Thus, appellant contends that the incident constituted an unusual occurrence which, by its mere happening proves the car was defective.
Hughes v. Buccaneer Wash & Dry Cleaning Center 423 So. 2d 1282 La. Ct. App. 1st Cir. 1982
Woods v. General Motors Corp. 423 So. 2d 112 La. Ct. App. 1st Cir. 1982
Because the driver is to so great an extent the controller of an automobile’s direction, speed and stopping, this is not a in which the mere occurrence of the accident establishes that there had to be some defect in the instrumentality that caused it.
Deville v. CALCASIEU GRAVITY, ETC. 422 So. 2d 631 La. Ct. App. 3d Cir. 1982
In a similar case, plaintiff and his son were descending upon an escalator when the youngster's tennis shoe got caught in the elevator, causing him injury.
Kimball v. St. Paul Ins. Co. 421 So. 2d 309 La. Ct. App. 1st Cir. 1982
plaintiff argues the chair's defectiveness is evidenced by the unusual nature of the occurrence.
Haynes v. Aetna Casualty & Surety Co. 411 So. 2d 1145 La. Ct. App. 1st Cir. 1982
Bacile v. Parish of Jefferson 411 So. 2d 1088 La. Ct. App. 4th Cir. 1981
Just as the fact that a foot gets caught in an escalator proves the escalator defective, so too the fact that a normal-sized 11-year-old child falls through a flat drainage grate in a street all the way up to her knee proves that the grate is defective.
Goodlow v. City of Alexandria 407 So. 2d 1305 La. Ct. App. 3d Cir. 1981
In holding the open manhole was defective, where a three-year-old caught his tennis shoe in an escalator in defendant's store.
Broussard v. PA. MILLERS MUT. INS. CO. 406 So. 2d 574 La. 1981
Jackson v. Tri-State Elevator Co., Inc. 401 So. 2d 538 La. Ct. App. 3d Cir. 1981
Distinguished Mullins v. Our Lady of the Lake Hospital, Inc. 402 So. 2d 170 La. Ct. App. 1st Cir. 1981
In making this assertion, (La.
Weaver v. Otis Elevator Co. 399 So. 2d 1268 La. Ct. App. 1st Cir. 1981
Under Marquez v. City Stores, Inc., plaintiff need only prove “any unusual occurrence” on the elevator with resultant injury in order to impose strict liability.
Wilson v. Avis Rent-A-Car 400 So. 2d 1184 La. Ct. App. 1st Cir. 1981
he argues the mere happening of an "unusual occurrence" is sufficient to establish that a thing is "defective."
Nash v. Draughon Business School 397 So. 2d 37 La. Ct. App. 1st Cir. 1981
Canty v. Terrebonne Parish Police Jury 397 So. 2d 1370 La. Ct. App. 1st Cir. 1981
that an unusual occurrence in and of itself is proof of a defect.
Williams v. Hempen 396 So. 2d 999 La. Ct. App. 3d Cir. 1981
the Supreme Court added a bit of gloss to its earlier definition of "defect".
Stablier v. City of Baton Rouge 393 So. 2d 148 La. Ct. App. 1st Cir. 1981
Gasquet v. Commercial Union Ins. Co. 391 So. 2d 466 La. Ct. App. 4th Cir. 1980
Similarly, the court dealt with an instrumentality (an escalator) which was the cause of the plaintiff's injury and held that it would not have created such an "unreasonable risk of harm" had it not been defective.
Hunt v. City Stores, Inc. 387 So. 2d 585 La. 1980
The Fourth Circuit Court of Appeal, , controlled that result.
Buckel v. Maison Blanche Corp. 386 So. 2d 1385 La. Ct. App. 1st Cir. 1980
Plaintiffs petitioned for a “as clearly applicable to this case.” We did not agree and refused to grant a rehearing.
Shapiro v. City Stores Co. 391 So. 2d 2 La. Ct. App. 1st Cir. 1980
the Supreme Court had occasion to review in detail the jurisprudence relative to escalator operations.
Buckel v. Maison Blanche Corp. 385 So. 2d 782 La. 1980
Sullivan v. Gulf States Utilities Co. 382 So. 2d 184 La. Ct. App. 1st Cir. 1980
the Supreme Court, in holding a department store strictly liable for personal injuries caused by its defective escalator, gave little discussion to the strict liability defenses, other than to state tersely that "there was no finding of contributory negligence" on plaintiff's part.
Hunt v. City Stores, Inc. 375 So. 2d 1194 La. Ct. App. 1st Cir. 1979
Hebert v. Town of Ville Platte 373 So. 2d 229 La. Ct. App. 1st Cir. 1979