Cited by

Opinions in Louisiana that cite Dofflemyer v. Gilley, 384 So. 2d 435.

26 citing documents.

Pedestal Bank v. Castaways Oyster Bar & Seafood Grill, LLC La. Ct. App. 3d Cir. 2023
Prestenbach v. Sentry Ins.
John L. Soileau v. Churchill Downs Louisiana Horseracing Company, L.L.C.,. Churchill Downs Louisiana Video Poker Company, L.L.C. La. Ct. App. 4th Cir. 2021
Bourgeois v. Puerto Rican Marine Management, Inc. 589 So. 2d 1226 La. Ct. App. 4th Cir. 1991
Murray v. Ramada Inns, Inc. 521 So. 2d 1123 La. 1988
Co., 370 So.2d at 514-15 (plaintiff did not subjectively comprehend any risk of injury associated with praying in church aisle); Dorry v. Lafleur, 399 So.2d at 561-63 (plaintiff was not aware before the accident of the puddle in which he slipped while skating); -39 (La.1980) (no proof in record that plaintiff actually knew or understood the risk of being struck by a car); Prestenbach v. Sentry Ins.
Robinson v. Pearah 525 So. 2d 1071 La. Ct. App. 1st Cir. 1988
Distinguished Albers v. Fernandez 504 So. 2d 626 La. Ct. App. 1st Cir. 1987
Johnson v. Masur 493 So. 2d 881 La. Ct. App. 3d Cir. 1986
Fusilier v. Northbrook Excess & Surplus Ins. Co. 471 So. 2d 761 La. Ct. App. 3d Cir. 1985
In specific reference to the defense of assumption of the risk, held: "It is fundamental that, in order to assume a risk, one must knowingly and voluntarily encounter a risk which caused him harm.
Johnson v. Bellefonte Ins. Co. 449 So. 2d 1134 La. Ct. App. 3d Cir. 1984
our Supreme Court defined assumption of the risk as follows: "It is fundamental that, in order to assume a risk, one must knowingly and voluntarily encounter a risk which caused him harm.
Garsee v. WESTERN CAS. & SUR. CO., INC. 437 So. 2d 933 La. Ct. App. 2d Cir. 1983
Edwards v. BANKERS AND SHIPPERS INS. CO. 432 So. 2d 1138 La. Ct. App. 3d Cir. 1983
Brown v. White 430 So. 2d 16 La. 1983
1005; Lytell v. Hushfield, supra at 1348 ; -58 (La.1975); Marcotte v. The Travelers Insurance Co., 258 La.
Price ex rel. Price v. Airco, Inc. 424 So. 2d 508 La. Ct. App. 1st Cir. 1982
Sonnier v. Dupin 416 So. 2d 1371 La. Ct. App. 3d Cir. 1982
Rivere v. Thunderbird, Inc., supra; Knotts v. Williams, supra, and Liedtke v. Allstate Ins.
Crowe v. State Farm Mut. Auto. Ins. Co. 416 So. 2d 1376 La. Ct. App. 3d Cir. 1982
As to the affirmative defense of assumption of the risk, stated, on page 438, that: "We stated in Langlois v. Allied Chemical Corporation, 258 La.
Sumner v. Foremost Ins. Co. 417 So. 2d 1327 La. Ct. App. 3d Cir. 1982
Mcdaniel v. Allstate Insurance 416 So. 2d 1344 La. Ct. App. 1st Cir. 1982
White v. Cumis Ins. Soc. 415 So. 2d 574 La. Ct. App. 3d Cir. 1982
James v. Vance 411 So. 2d 706 La. Ct. App. 1st Cir. 1982
stated the requisites for the defense of assumption of risk: “It is fundamental that, in order to assume a risk, one must knowingly and voluntarily encounter a risk which caused him harm.
Wilkinson v. Hartford Acc. & Indem. Co. 411 So. 2d 22 La. 1982
Lytell v. Hushfield 408 So. 2d 1344 La. 1982
Kaplan v. Missouri Pacific R. Co. 409 So. 2d 298 La. Ct. App. 3d Cir. 1981
Dickson v. State Farm Insurance Agency 396 So. 2d 514 La. Ct. App. 1st Cir. 1981
Guidry v. Houston General Ins. Co. 396 So. 2d 578 La. Ct. App. 3d Cir. 1981
Distinguished Horde v. Foucha 396 So. 2d 441 La. Ct. App. 4th Cir. 1981
but that case is clearly distinguishable.
Dofflemyer v. Gilley 395 So. 2d 403 La. Ct. App. 3d Cir. 1981