Cited by
Opinions in Louisiana that cite Thrasher v. Leggett, 373 So. 2d 494.
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Zachary Zaunbrecher v. Marissa Martin, Jeremy Ponthieux, and Nathan Ponthier
La. Ct. App. 3d Cir. 2018
9:2800.1 reasoning of Thrasher v. Leggett[, ]
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Zaunbrecher ex rel. Father v. Martin
242 So. 3d 712
La. Ct. App. 3d Cir. 2018
9:2800.1 reasoning of Thrasher v. Leggett [, ]
- Morris v. Bulldog BR, LLC 147 So. 3d 1122 La. Ct. App. 1st Cir. 2014
- Bishop v. Clicks Baton Rouge, Inc. 112 So. 3d 852 La. 2013
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Christine M. Comeaux v. Debbie Lemmons
La. Ct. App. 3d Cir. 2010
The result in Bertrand was based upon our supreme court’s and Sanders v. Hercules Sheet Metal, Inc.
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Aucoin v. Rochel
5 So. 3d 197
La. Ct. App. 1st Cir. 2008
superseded by statute as stated in Godfrey v. Boston Old Colony Ins.
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Keith Roy v. Kyrles, Inc.
La. Ct. App. 3d Cir. 2008
The result in Bertrand was based upon our supreme court’s and Sanders v. Hercules Sheet Metal, Inc
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Roy v. Kyrles, Inc.
983 So. 2d 975
La. Ct. App. 3d Cir. 2008
and Sanders v. Hercules Sheet Metal, Inc.
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Crutchfield v. Landry
870 So. 2d 371
La. Ct. App. 1st Cir. 2004
It stated that: The “affirmative act” requirement, specifically unreasonable ejectment from the premises, was put into place by this Court in Thrasher[ v. Leggett, ], as a requirement to impose liability on an alcoholic beverage vendor who serves alcohol to an intoxicated adult.
- Berg v. Zummo 786 So. 2d 708 La. 2001
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Followed
Wicker v. Harmony Corp.
784 So. 2d 660
La. Ct. App. 1st Cir. 2001
982 , (1966), overruled on other grounds, overruled
- Phipps v. Bruno Const. 773 So. 2d 826 La. Ct. App. 3d Cir. 2000
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Berg v. Zummo
763 So. 2d 57
La. Ct. App. 1st Cir. 2000
(applying same rule to sales of alcohol to persons of legal drinking age).
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Robertson v. State
747 So. 2d 1276
La. Ct. App. 2d Cir. 1999
Nevertheless, the court denied the bar owner's liability and overruled the trial court's judgment for the plaintiff explaining the limited scope of the Pence ruling as follows: On the other hand our decision in Pence was correct in finding that Article 2315 imposes upon a bar owner a duty to avoid affirmative acts which
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Vallier v. Louisiana Health Systems, Inc.
722 So. 2d 418
La. Ct. App. 3d Cir. 1998
3 Cir.1982), overruled in part on other grounds, (La.
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Godfrey v. Boston Old Colony Ins. Co.
718 So. 2d 441
La. Ct. App. 4th Cir. 1998
Three years after Pence was decided on a pre-trial motion in 1976, refused to impose liability on a vendor of alcoholic beverages for injuries received by a patron who was escorted from the premises by the defendant's employee, despite the fact the vendor violated a law prohibiting the serving of alcohol to a highly intoxicated person.
- Robinson v. Dunn 683 So. 2d 894 La. Ct. App. 1st Cir. 1996
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Schulker v. Roberson
676 So. 2d 684
La. Ct. App. 1st Cir. 1996
9:2800.1 represents the legislative enactment of the Louisiana Supreme Court’s
- Schulker v. Roberson 676 So. 2d 684 La. Ct. App. 3d Cir. 1996
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Perry v. First National Bank of Jefferson
673 So. 2d 1235
La. Ct. App. 1st Cir. 1996
Darville v. Texaco, Inc., Hero Lands Co. v. Texaco, Inc., Louisiana State Board of Medical Examiners v. England, 252 La.
- Spears v. Bradford 652 So. 2d 628 La. Ct. App. 1st Cir. 1995
- Spears v. Bradford 652 So. 2d 628 La. Ct. App. 1st Cir. 1995
- Vaughan v. Hair 645 So. 2d 1177 La. Ct. App. 3d Cir. 1994
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City of New Orleans v. Board of Com'rs
640 So. 2d 237
La. 1994
1984); Darville v. Texaco, Inc., Hero Lands Co. v. Texaco, Inc., Louisiana State Board of Medical Examiners v. England, 252 La.
- Bourgeois v. Puglisi 615 So. 2d 1047 La. Ct. App. 1st Cir. 1993
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Mills v. Harris
615 So. 2d 533
La. Ct. App. 3d Cir. 1993
the Louisiana Supreme Court defined the duty owed by a provider of alcoholic beverages.
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Clair v. Paris Road Drugs, Inc.
573 So. 2d 1219
La. Ct. App. 4th Cir. 1991
9:2800.1 declaring that, "...
- Edson v. Walker 573 So. 2d 545 La. Ct. App. 1st Cir. 1991
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Boudreaux v. Delchamps, Inc.
567 So. 2d 700
La. Ct. App. 3d Cir. 1990
defines the duty imposed upon the providers of alcohol under La.C.C.
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Bertrand v. Kratzer's Country Mart
563 So. 2d 1302
La. Ct. App. 3d Cir. 1990
the Louisiana Supreme Court defined the duty owed by a provider of alcoholic beverages.
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Freeman v. Estate of Young
552 So. 2d 1285
La. Ct. App. 5th Cir. 1989
9:2800.1(A) should be given retroactive application on the basis that it is interpretive and merely codifies the prior Louisiana Supreme Court holdings of Sanders v. Hercules Sheet Metal, Inc., (La.
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Pitts v. Bailes
551 So. 2d 1363
La. Ct. App. 3d Cir. 1989
a case in which an intoxicated patron sued a bar owner for damages he received in a fall on the premises, that an alcoholic beverage retailer is not absolutely liable for the consequences of a patron's intoxication.
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Loeffler v. Sal & Sam's Restaurant
541 So. 2d 937
La. Ct. App. 1st Cir. 1989
See Sanders v. Hercules Sheet Metal, Inc., -76 (La.1980), (emphasis added).
- Gresham v. Davenport 537 So. 2d 1144 La. 1989
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Gregor v. Constitution State Ins. Co.
534 So. 2d 1340
La. Ct. App. 4th Cir. 1988
the Louisiana Supreme Court examined La.R.S.
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Enterprise Transp. Co. v. Veals
532 So. 2d 917
La. Ct. App. 5th Cir. 1988
The court stated: we examined the duty owed by a bar owner to an intoxicated patron.
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Dickerson v. Boom, Inc.
532 So. 2d 814
La. Ct. App. 4th Cir. 1988
982 , (1966); (1976), (1979).
- Stephens v. Pacific Employers Ins. Co. 525 So. 2d 288 La. Ct. App. 1st Cir. 1988
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Brown v. Wolfe
525 So. 2d 355
La. Ct. App. 1st Cir. 1988
Sanders, 385 So.2d at 776
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LeBlanc v. Adams
510 So. 2d 678
La. Ct. App. 4th Cir. 1987
Pretermitting the fundamental issue of whether Commander's Palace may be deemed to have provided alcohol to Dyane Adams, we note that Commander's Palace, Inc., and Sanders v. Hercules Sheet Metal, Inc.
- Robinson v. Hardy 505 So. 2d 767 La. Ct. App. 2d Cir. 1987
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Eldridge v. Downtowner Hotel
492 So. 2d 64
La. Ct. App. 4th Cir. 1986
App. 4th Cir.1981), writ denied, (defendant was liable for wrongful death of insane victim who was incapable of appreciating risk of backing truck); overruled in part, (recognized the duty of a bar owner to avoid affirmative acts which increase the peril to an intoxicated patron).
- Argus v. Scheppegrell 459 So. 2d 238 La. Ct. App. 5th Cir. 1985
- Garcia on Behalf of Garcia v. Jennings 427 So. 2d 1329 La. Ct. App. 2d Cir. 1983
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Buxton v. Fireman's Fund Ins. Co.
422 So. 2d 647
La. Ct. App. 3d Cir. 1982
overruled in part, Eschete v. City of New Orleans, 258 La.
- Chausse v. Southland Corp. 400 So. 2d 1199 La. Ct. App. 1st Cir. 1981
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Canty v. Terrebonne Parish Police Jury
397 So. 2d 1370
La. Ct. App. 1st Cir. 1981
Although the result in Pence has been seriously questioned, the court's statement of what constitutes negligent conduct remains the law.
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Smith v. Cajun Insulation, Inc.
392 So. 2d 398
La. 1980
712 , overruled on other grounds
- Sanders v. Hercules Sheet Metal, Inc. 385 So. 2d 772 La. 1980
- Nichols v. Hodges 385 So. 2d 298 La. Ct. App. 1st Cir. 1980