Cited by

Opinions in Louisiana that cite Jones v. CITY OF BATON ROUGE, ETC., 388 So. 2d 737.

166 citing documents.

Jones v. Sewerage & Water Bd. of New Orleans 430 So. 2d 1063 La. Ct. App. 4th Cir. 1983
In Jones v. City of Baton Rouge, etc., the court found the city liable to the plaintiff who was injured when the cover over a catch basin suddenly gave way beneath her.
Gibson v. Faubion Truck Lines, Inc. 427 So. 2d 68 La. Ct. App. 4th Cir. 1983
Lyons v. Parish of Jefferson 425 So. 2d 955 La. Ct. App. 5th Cir. 1983
Fonseca, supra ; -47 (La.1975).
Buchanan v. Tangipahoa Parish Police Jury 426 So. 2d 720 La. Ct. App. 1st Cir. 1983
Moazzami v. Board of Supervisors 424 So. 2d 1112 La. Ct. App. 1st Cir. 1982
The liability arises from his legal relationship to the person or thing whose conduct or defect creates an unreasonable risk of injuries to others.’ “ citing Loescher v. Parr, supra [ ], at 446 [La.1976].
Payne v. LOUISIANA DEPT. OF TRANSP., ETC. 424 So. 2d 324 La. Ct. App. 1st Cir. 1982
Jones v. City of Baton Rouge, etc.
Everett v. LOUISIANA DEPT. OF TRANSP., ETC. 424 So. 2d 336 La. Ct. App. 1st Cir. 1982
Jones v. City of Baton Rouge, etc., (La.
Deville v. CALCASIEU GRAVITY, ETC. 422 So. 2d 631 La. Ct. App. 3d Cir. 1982
presented a situation almost identical to the one at hand.
Demoruelle v. State, Department of Transportation & Development 423 So. 2d 1202 La. Ct. App. 1st Cir. 1982
The court in Shipp , stated: “An injured party seeking damages under Art. 2317 need not prove negligence, that is, that any particular act or omission on the part of the defendant caused his injuries.
Wittenberg v. New Orleans Public Service, Inc. 422 So. 2d 252 La. Ct. App. 1st Cir. 1982
Although the Supreme Court’s , applies Civil Code Art. 2317 to municipalities for those things which are found to be within their care, custody and control we agree with the trial court that plaintiff failed to prove that a defect in the street caused her fall.
Cloud v. State 420 So. 2d 1259 La. Ct. App. 3d Cir. 1982
B. Olinde & Sons Co., Inc. v. STATE, ETC. 421 So. 2d 370 La. Ct. App. 1st Cir. 1982
the Supreme Court delineated the standard for liability under art. 2317 as follows: "Because the responsibility for preventing the unreasonable risk of injury to others is unconditional, the injured party seeking damages under article 2317 need not prove that any particular act or omission on the part of th
Kimball v. St. Paul Ins. Co. 421 So. 2d 309 La. Ct. App. 1st Cir. 1982
Brown v. Winn-Dixie Louisiana, Inc. 417 So. 2d 44 La. Ct. App. 1st Cir. 1982
In Jones v. City of Baton Rouge, Etc., the court said: " we found that article 2317 provides *46 for the same type of `strict' liability on the part of an owner or custodian, for damages caused by things in his custody, and we described the legal foundation for this liability in the following ter
Booth v. POTASHNICK CONS. CO. 420 So. 2d 512 La. Ct. App. 2d Cir. 1982
Burrow v. Commercial Union Assur. Companies 419 So. 2d 479 La. Ct. App. 3d Cir. 1982
3rd Cir. 1981), writs denied, (La.
Hessifer v. Southern Equipment, Inc. 416 So. 2d 368 La. Ct. App. 1st Cir. 1982
The application of strict liability principles under Civil Code article 2317 to public entities in Jones v. The City of Baton Rouge, etc., did not change this duty; it only relieves the plaintiff of the burden of proving the Department's actual or constructive knowledge of an unreasonably dangerous situation which it failed to correct.
Hennigan v. Vernon Parish Police Jury 415 So. 2d 584 La. Ct. App. 1st Cir. 1982
Plaintiff suggests, alternatively, that the doctrine of strict liability would be applicable in this case under the pronouncements of the Louisiana Supreme Court in Jones v. City of Baton Rouge, Inc.
Derouen v. City of New Iberia 415 So. 2d 596 La. Ct. App. 3d Cir. 1982
Alleman v. State, Dept. of Highways 416 So. 2d 272 La. Ct. App. 3d Cir. 1982
Our Supreme Court, in one of its most recent pronouncements regarding strict liability, Jones v. City of Baton Rouge, etc., stated: " Because the responsibility for preventing the unreasonable risk of injury to others is unconditional, the injured party seeking damages under article 2317 need not prove that any particular act or omission on the part of the defendant caused his injuries.
Robertson v. Parish of East Baton Rouge 415 So. 2d 365 La. Ct. App. 1st Cir. 1982
our Supreme Court discussed strict liability on the part of public entities and summarized the plaintiff's burden of proof in strict liability actions in the following manner: "Because the responsibility for preventing the unreasonable risk of injury to others is unconditional, the injured party seeking dam
Greenhouse v. Great Southwest Fire Ins. Co. 413 So. 2d 352 La. Ct. App. 3d Cir. 1982
citing Loescher v. Parr, supra [ ] at 446.
Haney v. General Host Corp. 413 So. 2d 624 La. Ct. App. 1st Cir. 1982
Loescher v. Parr, supra .
Bullard v. STATE, DEPT. OF TRANSP., ETC. 413 So. 2d 606 La. Ct. App. 1st Cir. 1982
[4] the Supreme Court held that public bodies may be found liable for damages for things in their custody, and that where delictual responsibility is based on legal fault under LSA-C.C.
Swain v. Sewerage & Water Bd. of New Orleans 413 So. 2d 233 La. Ct. App. 4th Cir. 1982
The only reason why this Court grants judgment is: [La.]" In Jones v. City of Baton Rouge, supra , the Supreme Court held that the strict liability theory of Article 2317 of the Civil Code is available in a suit against a public body and when the suit is based on such a theory of legal fault it is unnecessary to show actual or constructive notice on the part of the pu
Bialy v. STATE, THROUGH DEPT. OF TRANSP. AND DEV. 414 So. 2d 1273 La. Ct. App. 3d Cir. 1982
The argument is basically that the wrongful death action is a statutory creation found in Civil Code article 2315, and is not available in an action based on Article 2317 that Civil Code article 2317 embodies a cause of action separate and distinct from that found in Article 2315.
Walker v. James W. Salley, Inc. 412 So. 2d 159 La. Ct. App. 3d Cir. 1982
citing Loescher v. Parr, supra, at 446.
Carpenter v. State Farm Fire and Cas. Co. 411 So. 2d 1206 La. Ct. App. 4th Cir. 1982
Mobley v. Rego Co. 412 So. 2d 1143 La. Ct. App. 2d Cir. 1982
Dye v. Kean's 412 So. 2d 116 La. Ct. App. 1st Cir. 1982
McNeal v. DIVISION OF STATE POLICE, ETC. 412 So. 2d 1123 La. Ct. App. 1st Cir. 1982
Strict liability may be imposed not only upon a private custodian of a defective thing, but upon a governmental agency if the governmental agency has the defective thing in its custody, under many recent cases
Smith v. State ex rel. Department of Transportation & Development 412 So. 2d 685 La. Ct. App. 1st Cir. 1982
Jones v. City of Baton Rouge, Etc.
Smith v. STATE, THROUGH DEPT. OF TRANSP., ETC. 412 So. 2d 685 La. Ct. App. 2d Cir. 1982
Jones v. City of Baton Rouge, Etc.
Bacile v. Parish of Jefferson 411 So. 2d 1088 La. Ct. App. 4th Cir. 1981
2317 for damages caused by the defect of a thing which it has in its custody
Goudchaux v. State Farm Fire & Cas. Co. 407 So. 2d 1317 La. Ct. App. 3d Cir. 1981
Loescher v. Parr, supra; Morgan v. Hartford Accident & Indemnity Company
Campbell v. Tidwell 407 So. 2d 1359 La. Ct. App. 3d Cir. 1981
Goodlow v. City of Alexandria 407 So. 2d 1305 La. Ct. App. 3d Cir. 1981
Tappel v. Vidros 407 So. 2d 789 La. Ct. App. 4th Cir. 1981
The Supreme Court in Jones v. City of Baton Rouge, Etc., recognized that a public body may be subject to tort liability either on negligence or on legal fault under LSA-C.C.
Broussard v. PA. MILLERS MUT. INS. CO. 406 So. 2d 574 La. 1981
held that a catch basin cover which gave way beneath a pedestrian was defective because it presented an unusual risk of falling.
Orazio v. Durel 407 So. 2d 75 La. Ct. App. 4th Cir. 1981
D'Angelo v. New Orleans Public Service, Inc. 405 So. 2d 1262 La. Ct. App. 1st Cir. 1981
Since the time of that decree, the Supreme Court of Louisiana has rendered a which eliminated the requirement of notice in cases applying the strict liability doctrine of Article 2317.
DeBattista v. Argonaut-Southwest Ins. Co. 403 So. 2d 26 La. 1981
this court held that a municipality was absolutely liable for a broken grate on a drainage opening in the street when a person fell through the grate and received injuries.
Fonseca v. Marlin Marine Corp. 410 So. 2d 674 La. 1981
Loescher v. Parr, supra.
Hardy v. State, Through Dept. of Highways 404 So. 2d 981 La. Ct. App. 3d Cir. 1981
and Garrison v. State of Louisiana, through the Department of Highways, supra.
Edwards v. State, Dept. of Transp. & Devel. 403 So. 2d 109 La. Ct. App. 3d Cir. 1981
In Jones v. The City of Baton Rouge Parish of East Baton Rouge, the Louisiana Supreme Court summarized the plaintiff's burden of proof in a strict liability action, the court therein stated: " Because the responsibility for preventing the unreasonable risk of injury to others is unconditional, the injured party seeking damages under article 2317 need not prove that any
Usry v. Louisiana Department of Highways 402 So. 2d 240 La. Ct. App. 4th Cir. 1981
the Louisiana Supreme Court indicated that municipalities and other public bodies could be held liable for damages caused by defective things in their custody.
Foggan v. LOUISIANA DEPT. OF TRANSP. AND DEVELOPMENT 402 So. 2d 154 La. Ct. App. 1st Cir. 1981
La.Civ.Code art. 2317; (La.
Williams v. Aetna Ins. Co. 402 So. 2d 192 La. Ct. App. 1st Cir. 1981
1980); Jones v. City of Baton Rouge, Etc., (La.
Morgan v. Hartford Acc. and Indem. Co. 402 So. 2d 640 La. 1981
The legal requirements for imposing liability under Article 2317 as follows: "When harm results from the conduct or defect of a person or thing which creates an unreasonable risk of harm to others, a person legally responsible under these code articles for the supervision, care, or guardianship of the person or thing may be held liable for the damage thus caused, despite
Garrison v. State, Through Dept. of Highways 401 So. 2d 528 La. Ct. App. 2d Cir. 1981
Civil Code Art. 2317 (La.