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Public record · Human review · No verdicts asserted

Cited by

Opinions in Louisiana that cite Fontenot v. Hanover Ins. Co., 385 So. 2d 238.

34 citing documents.

  • James Mercer v. Nabors Drilling USA, Lp La. Ct. App. 3d Cir. 2011
  • Mercer v. Nabors Drilling USA, L.P. 76 So. 3d 624 La. Ct. App. 1st Cir. 2011
  • James Mercer v. Nabors Drilling USA, Lp La. Ct. App. 3d Cir. 2011
  • Mercer v. Nabors Drilling USA, L.P. 57 So. 3d 1217 La. Ct. App. 1st Cir. 2011
  • Rambin v. Shreveport Refrigeration, Inc. 902 So. 2d 1129 La. Ct. App. 2d Cir. 2005
  • Breaux v. Dauterive Hosp. Corp. 838 So. 2d 109 La. Ct. App. 3d Cir. 2003
    Co. [, ] In Fontenot a worker's compensation insurer sought reimbursement for medical expenses paid out of an employee's judgment for damages for her pain and suffering.
  • Cosse v. Allen-Bradley Co. 625 So. 2d 486 La. 1994
    Co., which limit the intervening employer's recovery to that portion of the judgment for medical expenses and lost wages and prevent reimbursement from the portion of damages awarded for pain and suffering.
  • Ardoin v. Martin 612 So. 2d 982 La. Ct. App. 2d Cir. 1993
    Co., for accidents arising before the January 1, 1990 effective date of the amendment to R.S.
  • St. Paul Fire & Marine Ins. Co. v. Smith 609 So. 2d 809 La. 1992
    Co., and thus hold that it applies prospectively only.
  • Crowley v. City of Lafayette 602 So. 2d 40 La. Ct. App. 3d Cir. 1992
    However, I dissent from the majority's retroactive application of the 1989 but other settled jurisprudence also pertinent herein, namely
  • Barnes v. New Hampshire Ins. Co. 573 So. 2d 628 La. Ct. App. 2d Cir. 1991
    3rd Cir.1979), affirmed in part, reversed in part [plaintiff tripped over an elevated portion of an uneven sidewalk which was concealed by grass growing through the sidewalk]; (La.App.
  • Clark v. Hartford Acc. and Indem. Co. 562 So. 2d 50 La. Ct. App. 3d Cir. 1990
    3rd Cir.1979), affirmed in part, reversed in part, this court was presented with facts generally similar to those in the case before us. Applying the legal principles discussed above, the Fontenot panel affirmed a jury verdict in favor of the plaintiff.
  • Robertson v. Employer's Cas. Co. 546 So. 2d 263 La. Ct. App. 1st Cir. 1989
  • Holloway v. State ex rel. Department of Transportation & Development 549 So. 2d 859 La. Ct. App. 1st Cir. 1989
  • Strain v. Mitchell Mfg. Co. 534 So. 2d 1385 La. Ct. App. 4th Cir. 1988
  • Whitehead v. Fireman's Fund Ins. Co. 529 So. 2d 82 La. Ct. App. 3d Cir. 1988
    As we stressed in Fontenot [ (La.
  • Hess v. Sports Publishing Co. 520 So. 2d 472 La. Ct. App. 4th Cir. 1988
  • Brooks v. Chicola 514 So. 2d 7 La. 1987
  • Vallere v. Nicor Exploration Company 512 So. 2d 514 La. Ct. App. 3d Cir. 1987
  • Willie v. Barriere Const. Co., Inc. 506 So. 2d 669 La. Ct. App. 5th Cir. 1987
  • Brooks v. Chicola 503 So. 2d 1086 La. Ct. App. 1st Cir. 1987
    In support of this position
  • McCormick v. Insured Lloyds Ins. Co. 488 So. 2d 491 La. Ct. App. 3d Cir. 1986
    3rd Cir.1979), affirmed in part, reversed in part, and remanded, does not mean that every imperfection in a sidewalk falls mechanically into such a classification.
  • Price v. Mitchell Const. Co., Inc. 482 So. 2d 869 La. Ct. App. 2d Cir. 1986
    Confronted by a similar situation, stated: "The underlying policy of the apportionment scheme in providing that an employer's claim for reimbursement of compensation paid shall take precedence is merely that the employee should not be compensated doubly for the same element of his damages, [citation omitted].
  • Derouselle v. Konecny 468 So. 2d 1382 La. Ct. App. 1st Cir. 1985
    Co., Johnson v. Harry Jarred, Inc., (La.App.
  • Landaiche v. Lou-Con 461 So. 2d 1107 La. Ct. App. 5th Cir. 1984
    The court explained why reimbursement of past medical expenses may not be deducted from the plaintiff's pain and suffering award, when there is no award to him for medicals, at , 239: "...
  • Drum v. United States Fidelity & Guaranty Co. 454 So. 2d 267 La. Ct. App. 1st Cir. 1984
    Co., : “It does not appear that the legislature intended for the employer to be reimbursed from the employee’s award for items which the employee has not recovered from the third person.” The judgment is amended in the principal of its award on the main demand to $353,-000 and otherwise affirmed.
  • Johnson v. Fireman's Fund Ins. Co. 425 So. 2d 224 La. 1983
    Co., the worker's compensation insurer should only be able to seek reimbursement from the uninsured motorist carrier to the extent that the uninsured motorist carrier's payment is attributable to the same damages that the worker's compensation carrier has already paid for, that is, lost wages and medical expense
  • Taranto v. Cook 425 So. 2d 1326 La. Ct. App. 1st Cir. 1983
  • Senac v. Sandefer 418 So. 2d 543 La. 1982
    the trial court held that LIGA was not entitled to any credits for the $4,900 paid by the compensation insurer because there had not been a duplication of recovery as contemplated by La.R.S.
  • Stewart v. Hanover Ins. Co. 416 So. 2d 286 La. Ct. App. 3d Cir. 1982
    Plaintiff avers that it was manifestly erroneous for the trial judge to award plaintiff only $4,639.09 for lost wages and then in turn grant intervenor judgment of $5,720.00 for weekly compensation payments made to plaintiff for the same period of time
  • Senac v. Sandefer 405 So. 2d 1128 La. Ct. App. 1st Cir. 1981
    Co., the trial court found no duplication of recovery and awarded plaintiff full general damages as stipulated.
  • Burns v. Fernandez 401 So. 2d 1033 La. Ct. App. 4th Cir. 1981
  • Johnson v. Harry Jarred, Inc. 391 So. 2d 898 La. Ct. App. 2d Cir. 1980
  • Followed LaGraize v. Bickham 391 So. 2d 1185 La. Ct. App. 4th Cir. 1980