Cited by
Opinions in Louisiana that cite Daniels v. Conn, 382 So. 2d 945.
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Romano v. Metropolitan Life Insurance Co.
221 So. 3d 176
La. Ct. App. 1st Cir. 2017
The only remedy available to a solidary obligor from whom the whole performance was sought was to seek “contribution” from the joint tortfeasors in the amount of the joint tortfeasor’s “virile share.” (La.
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Clark v. GB Cooley Service
813 So. 2d 1273
La. Ct. App. 2d Cir. 2002
3d Cir.3/27/96), , writ denied, 96-1040 (La.5/31/96)
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Fincher v. State, Dept. of Health & Hosp.
691 So. 2d 844
La. Ct. App. 2d Cir. 1997
See, writ ref'd (1979); (La.App.
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Jones v. STATE EX REL. DEPT. OF HEALTH AND HOSP.
671 So. 2d 1074
La. Ct. App. 3d Cir. 1996
a case in which Pinecrest was also a defendant: A hospital is bound to exercise the requisite amount of care toward a patient that the particular patient's condition may require.
- Weatherford v. Commercial Union Ins. 650 So. 2d 763 La. 1995
- Washington v. Reed 624 So. 2d 465 La. Ct. App. 2d Cir. 1993
- Barnes v. Thames 578 So. 2d 1155 La. Ct. App. 1st Cir. 1991
- Williams v. Markel Lumber Co. 566 So. 2d 446 La. Ct. App. 4th Cir. 1990
- Roger v. Dufrene 553 So. 2d 1106 La. Ct. App. 4th Cir. 1989
- Castille v. All American Ins. Co. 550 So. 2d 334 La. Ct. App. 3d Cir. 1989
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Wall v. Brown & Root, Inc.
535 So. 2d 486
La. Ct. App. 1st Cir. 1988
However, the specific question that must be determined is whether the employee’s conduct “was so closely connected in time, place and causation to his employment duties as to be regarded a risk of harm fairly attributable to the employer’s business, as compared with conduct by purely personal considerations entirely extraneous to the employer’s interest.”
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Shackleford v. State ex rel. Department of Health & Human Resources
534 So. 2d 38
La. Ct. App. 1st Cir. 1988
Mr. Shackleford contends that the trial court: (1) with respect to mentally retarded patients in the State of Louisiana to the facts of this case; and, (2) committed mani *40 fest error.
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Shackleford v. STATE EX REL. DHHR
534 So. 2d 38
La. Ct. App. 3d Cir. 1988
Mr. Shackleford contends that the trial court: (1) with respect to mentally retarded patients in the State of Louisiana to the facts of this case; and, (2) committed manifest *40 error.
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Austin v. Pascarelli
522 So. 2d 1206
La. Ct. App. 1st Cir. 1988
The specific inquiry is whether the employee’s tor-tious conduct “was so closely connected in time, place and causation to his employment duties as to be regarded a risk of harm fairly attributable to the employer’s business, as compared with conduct motivated by purely personal considerations entirely extraneous to the employer’s interest.”
- Pierce v. Ellis 519 So. 2d 251 La. Ct. App. 1st Cir. 1988
- Hebert v. Witherington 520 So. 2d 1075 La. Ct. App. 3d Cir. 1987
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Siemann v. Teston
517 So. 2d 242
La. Ct. App. 1st Cir. 1987
1st Cir.1986), writ denied, (La.App.
- Mattingly v. State, Dept. of Health 509 So. 2d 82 La. Ct. App. 1st Cir. 1987
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Toomer v. Cash
506 So. 2d 165
La. Ct. App. 1st Cir. 1987
The specific question that must be determined is whether the employee’s conduct “was so closely connected in time, place and causation to his employment duties as to be regarded a risk of harm fairly attributable to the employer’s business, as compared with conduct motivated by purely personal considerations entirely extraneous to the employer’s interests.” Johnson v. Dufrene, supra.
- Maxwell v. State, Department of Transportaiton & Development 499 So. 2d 681 La. Ct. App. 1st Cir. 1986
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Torres v. US Fidelity and Guar. Co.
499 So. 2d 1293
La. Ct. App. 4th Cir. 1986
Johnson v. Dufrene, supra .
- Hills v. American Waste & Pollution Control Co. 488 So. 2d 1244 La. Ct. App. 1st Cir. 1986
- Taylor v. Dupree 484 So. 2d 986 La. Ct. App. 3d Cir. 1986
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Marshall v. Beno Truck Equipment, Inc.
481 So. 2d 1022
La. Ct. App. 1st Cir. 1986
Moreover, this court restricted the use of inability to pay rule by preventing its application to joint tortfeasors where one joint tortfeasor was solvent.
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Diaz v. Allstate Insurance Co.
480 So. 2d 995
La. Ct. App. 1st Cir. 1985
Applying these principles to the facts before us we cannot conclude that Donnelly was in the course and scope of his employment.
- Malmay v. Sizemore 474 So. 2d 1358 La. Ct. App. 2d Cir. 1985
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Rodriguez v. Traylor
468 So. 2d 1186
La. 1985
Moreover, this court restricted the use of inability to pay rule by preventing its application to joint tortfeasors where one joint tortfeasor was solvent.
- Taylor v. CHARITY HOSP. OF LOUISIANA 466 So. 2d 736 La. Ct. App. 4th Cir. 1985
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Brown v. Vince
464 So. 2d 1012
La. Ct. App. 1st Cir. 1985
in Le-Brane, supra, at p. 218, that the proper inquiry is whether the employee’s tortious conduct “was closely related in time, place and causation to his employment duties as to be regarded a risk of harm fairly attributable to the employer’s business, as compared with conduct motivated by purely personal considerations entirely extraneous to the employer’s interests.”
- Watson v. Ben 459 So. 2d 230 La. Ct. App. 3d Cir. 1984
- Puccio v. Finch 454 So. 2d 272 La. Ct. App. 4th Cir. 1984
- Johnson v. Dufrene 433 So. 2d 1109 La. Ct. App. 4th Cir. 1983
- Austen v. Sherwood 425 So. 2d 818 La. Ct. App. 1st Cir. 1982
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Faust v. Mendoza
415 So. 2d 371
La. Ct. App. 1st Cir. 1982
The proper test for determining whether or not an employee was acting within the scope of his employment in a as follows: "[T]he inquiry is whether the employee's tortious conduct `was so closely connected in time, place and causation to his employment duties as to be regarded a risk of harm fairly attributable to the employer's business, as compared with conduct motivated by purely personal considerations enti
- Bialy v. STATE, THROUGH DEPT. OF TRANSP. AND DEV. 414 So. 2d 1273 La. Ct. App. 3d Cir. 1982
- Hardy v. State, Through Dept. of Highways 404 So. 2d 981 La. Ct. App. 3d Cir. 1981
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Burns v. Fernandez
401 So. 2d 1033
La. Ct. App. 4th Cir. 1981
A wherein the court indicated that: "....
- Ewing v. Sanson 394 So. 2d 849 La. Ct. App. 3d Cir. 1981
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Taylor v. Lumpkin
391 So. 2d 74
La. Ct. App. 4th Cir. 1980
In a comparatively recent case the Louisiana Supreme Court, stated that in a determination of the question of whether the employee is on a mission for the employer, the inquiry is whether the employee's tortious conduct was "so closely connected in time, place and causation to his employment duties as to be regarded a risk of harm fairly attributable to the employer
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Suhor v. Gusse
388 So. 2d 755
La. 1980
Recently, we considered the application of the inability to pay rule where joint tortfeasors are liable in solido.
- Hebert v. Ordoyne 388 So. 2d 407 La. Ct. App. 1st Cir. 1980
- McGrew v. State Farm Mut. Auto. Ins. Co. 385 So. 2d 1276 La. Ct. App. 3d Cir. 1980
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Lawes v. State Farm Mut. Auto. Ins. Co.
387 So. 2d 1200
La. Ct. App. 1st Cir. 1980
Were it not for our finding above that the city is not liable and is therefore not a joint tortfeasor, we would agree with the city's contention that the trial court erred in limiting the liability of the Mathernes under the "inability to pay" , Nos. 66104 and 66416 on the Docket of the Supreme Court (1980).