64183 Precedential Processed

Hebert v. Maryland Cas. Co.

Louisiana Supreme Court · Filed March 30, 1979 · 369 So. 2d 708

Cited by

State of Louisiana v. Alfonzo Jewade Segura La. Ct. App. 3d Cir. 2012
State v. Broadway 753 So. 2d 801 La. 1999
Johnson v. Acadiana Medical Center, Inc. 524 So. 2d 811 La. Ct. App. 1st Cir. 1988
Mouton v. Southern Pacific Transp. Co. 509 So. 2d 479 La. Ct. App. 3d Cir. 1987
Buchanan v. Tangipahoa Parish Police Jury 426 So. 2d 720 La. Ct. App. 1st Cir. 1983
Sumner v. Foremost Ins. Co. 417 So. 2d 1327 La. Ct. App. 3d Cir. 1982
Kent v. Gulf States Utilities Co. 398 So. 2d 560 La. Ct. App. 1st Cir. 1980

Authorities cited

Identified automatically; this list may not be exhaustive.

Langlois v. Allied Chemical Corporation 258 La. 1067
Daniel v. Cambridge Mut. Fire Ins. Co. 368 So. 2d 810

Opinion text

369 So.2d 708 (1979) Nanette Renee HEBERT v. MARYLAND CASUALTY CO. et al. No. 64183. Supreme Court of Louisiana. March 30, 1979. Writ denied. TATE, J., concurs and assigns reasons. DIXON and DENNIS, JJ., would grant the writ. TATE, Justice (concurring in the denial). The result is correct. However, the fault of the victim that defeats recovery for harm occasioned by strict liability imposable upon the defendant involves a voluntary exposure to the risk with full knowledge and appreciation of the danger. Langlois v. Allied Chemical Corp., 258 La. 1067 , 249 So.2d 133, 140-141 . The trier of fact could properly have found that the plaintiff, an experienced horsewoman had so assumed the risk. Although the language of the court of appeal incorrectly suggests that the objective test of contributory negligence rather than the subjective test of assumption of the risk defeats a recovery based on strict liability, the result is correct. See Daniel v. Cambridge Mutual Fire Insurance Co., 368 So.2d 810 (La.App. 2nd Cir. 1979) in which writs were denied this day, for a correct statement of the principles involved.