Cited by

Opinions in Louisiana that cite Bazley v. Tortorich, 397 So. 2d 475.

411 citing documents.

Lori Bernier v. St. Tammany Parish School Board, Melissa Schoegel, individually and on behalf of minor child, E.L. … La. Ct. App. 1st Cir. 2025
Kathleen Welch and Carroll Dewayne Welch v. United Medical Healthwest-New Orleans L.L.C. and United Medical Healthcare Inc. La. 2025
John Doe v. Dynamic Physical Therapy, LLC and Scott Newton La. Ct. App. 1st Cir. 2024
Douglas Bienvenu v. 1 and 2 87184 C/W John Doe v. 1 and 2 87515 La. 2024
As a result, the 10 See, (La.
Douglas Bienvenu v. 1 and 2 87184 C/W John Doe v. 1 and 2 87515 La. 2024
Ashley Shortridge v. West Calcasieu Cameron Hospital La. Ct. App. 3d Cir. 2024
That deficiency of fact pleading, in turn, likewise distances Plaintiffs’ claims from the definition of intentional tort provided by the supreme court in Bazley [v. Tortorich, ].
Johnny Wimbley & Marie Wimbley v. McLiney Centers, L.L.C. D/B/A Sutherlands Home Base La. Ct. App. 3d Cir. 2023
–82 (La.1981), the Louisiana Supreme Court addressed the “intentional act” exception and stated, in pertinent part (internal citations omitted) (emphasis added): The meaning of “intent” is that the person who acts either (1) consciously desires the physical result of his act, whatever the like
Paula Patterson, Jon Crumpler and Carey Crumpler. Individually and On Behalf of Their Mother, Anita Carey v. Claiborne … La. Ct. App. 2d Cir. 2023
12 As recognized by both the First and Third Circuits, the definition of “intentional tort” (La.
Thomas Garner, Sr. v. Louisiana Medical Mutual Insurance Company (LAMMICO), TDC Specialty Insurance Company, Advanced Surgical Care of … La. Ct. App. 1st Cir. 2023
Whitehead, 344 So.3d at 96, ( La.
Florida Gas Transmission Company, LLC v. Texas Brine Company, LLC La. Ct. App. 1st Cir. 2023
Florida Gas Transmission Company, LLC v. Texas Brine Company, LLC La. Ct. App. 1st Cir. 2023
Crosstex Energy Services, LP, Crosstex LIG, LLC and Crosstex Processing Services, LLC v. Texas Brine Company, LLC La. Ct. App. 1st Cir. 2023
Crosstex Energy Services, LP, Crosstex LIG, LLC and Crosstex Processing Services, LLC v. Texas Brine Company, LLC La. Ct. App. 1st Cir. 2023
Larye Morrow v. Louisiana Medical Mutual Insurance Company (LAMMICO), Cusimano Plastic Surgery, LLC and Luke Anthony Cusimano, III, … La. Ct. App. 1st Cir. 2023
Danielle Hebert, invd.and on Behalf of Her Son,jarren Miller v. Louisiana Medical Mutual Insurance Company (Lammico) Jennings American … La. Ct. App. 3d Cir. 2022
etition before it contained an allegation of an intentional tort, the Whitehead panel explained that such a tort requires that the provider either: “‘(1) consciously desires the physical result of his act[;] or (2) knows that the result is substantially certain to follow from his conduct, whatever his desire may be as to that result.’” Whitehead, 344 So.3d at 96 (
Mathew Whitehead v. Christus Health Central Louisiana La. Ct. App. 3d Cir. 2022
is applicable to medical malpractice actions.
Sarah Eilts v. Twentieth Century Fox Film Corporation, Breakout Kings Production, LLC, and Aaron Nelson La. Ct. App. 2d Cir. 2022
Kenneth Chevis v. Ernesto Rivera and Apache Industrial Services, Incorporated La. Ct. App. 1st Cir. 2021
Douglas Bagwell v. Quality Easel Company, Inc., and James E. Dugdale, Jr. La. Ct. App. 2d Cir. 2020
Larry Bize, Sr. and Michelle R. Bize v. Malcolm Larvadain La. Ct. App. 3d Cir. 2018
Bize v. Larvadain 263 So. 3d 584 La. Ct. App. 1st Cir. 2018
2/28/96), , 1144 (quoting Bazley v. Tortorich , , 485 (La.1981) ).
Higgins v. Williams Energy Partner, L.P. 267 So. 3d 1133 La. Ct. App. 1st Cir. 2018
1/27/14), , 387 ; Bazley v. Tortorich , , 481 (La.
Smith v. Sam 237 So. 3d 1204 La. Ct. App. 1st Cir. 2018
The seminal case defining an intentional tort is Bazley v. Tortorich
Melody P. Smith v. Marcus Sam La. Ct. App. 3d Cir. 2018
Taxicab Insurance Store, LLC v. American Service Insurance Co. 224 So. 3d 451 La. Ct. App. 1st Cir. 2017
i]n finding that the right to recover in tort is not a fundamental right, our court has noted that ‘[w]here access to the judicial process is not essential to the exercise of a fundamental constitutional right, the legislature is free to allocate access to the judicial machinery on any system or classification which is not totally arbitrary.’” Crier, 496 So.2d at 310 ( (La.
Louque v. Scott Equipment Co. 212 So. 3d 1203 La. Ct. App. 1st Cir. 2017
Michael G. Field v. Lafayette Parish School Board La. Ct. App. 3d Cir. 2016
Field v. Lafayette Parish School Board 205 So. 3d 986 La. Ct. App. 1st Cir. 2016
Neathamer v. Singleton 182 So. 3d 406 La. Ct. App. 1st Cir. 2015
John Ford Dietz v. Anne Bennett Morrison Dietz La. Ct. App. 3d Cir. 2015
must either “(1) consciously desire the physical result of the act, whatever the likelihood of that result happening from his conduct; or (2) know that the result is substantially certain to follow from his conduct, whatever his desire may be as to that result.” Batiste v. Bayou Steel Corp., 10-1561 (La.10/1/10), (citing Bazley [v. Tortorich, )].
Cador v. Deep South Equipment Co. 166 So. 3d 344 La. Ct. App. 1st Cir. 2015
Louisiana Federation of Teachers v. State 171 So. 3d 835 La. 2014
Louisiana Federation of Teachers, East Baton Rouge Federation of Teachers, Jefferson Federation of Teachers, Nellie Joyce Meariman and … La. 2014
Maldonado v. Kiewit Louisiana Co. 152 So. 3d 909 La. Ct. App. 1st Cir. 2014
the Louisiana Supreme Court concluded that the words “intentional act” mean the same as “intentional tort” in reference to civil liability.
Chet David Jeansonne v. Cory Paul Roy La. Ct. App. 3d Cir. 2014
The basic difference between an intentional tort and a
McClain v. City of New Orleans 137 So. 3d 671 La. Ct. App. 1st Cir. 2014
Humble v. Pafford EMS 116 So. 3d 878 La. Ct. App. 2d Cir. 2013
Louis Guillory v. City of Lake Charles La. Ct. App. 3d Cir. 2013
or (2) knows that the result is substantially certain to follow from his conduct, whatever his desire may be as to that result.”
Guillory v. City of Lake Charles 157 So. 3d 678 La. Ct. App. 1st Cir. 2013
or (2) knows that the result is substantially certain to follow from his conduct, whatever his desire may be as to that result.”
Louisiana Federation of Teachers v. State 118 So. 3d 1033 La. 2013
In effect, a bill may be as broad as the legislature chooses so long as all of its provisions “have a natural connection and reasonably relate, directly or indirectly, to one general and legitimate subject of legislation.”
Adams v. City of Shreveport 107 So. 3d 738 La. Ct. App. 2d Cir. 2012
Reynolds v. Louisiana Plastic, 44,803 (La.App.2d Cir.10/28/09), , writ denied, 2009-2805 (La.03/05/10), .
Bougere v. Northrop Grumman Systems Corp. 105 So. 3d 862 La. Ct. App. 1st Cir. 2012
Explained Moreau v. Moreau's Material Yard, LLC 98 So. 3d 297 La. 2012
28:1032(B), plaintiff must prove decedent’s injury resulted from an “intentional act.” we explained an intentional act requires the actor to either (1) consciously desire the physical result of his act, whatever the likelihood of that result happening from his conduct; or (2) know that the result is substantially certain to follow from his conduct, whatever his desire may be as to that result
Lloyd v. Shady Lake Nursing Home, Inc. 92 So. 3d 560 La. Ct. App. 2d Cir. 2012
Kenneth Dale Kelly, Et Ux. v. Boise Building Solutions La. Ct. App. 3d Cir. 2012
Kelly v. Boise Building Solutions 92 So. 3d 965 La. Ct. App. 1st Cir. 2012
Holmes v. Pacarini USA, Inc. 88 So. 3d 671 La. Ct. App. 1st Cir. 2012
Roberta Broussard v. Stine Lumber Company La. Ct. App. 3d Cir. 2012
Explained Tynirsha W. Rhine v. Bayou Pipe Coating La. Ct. App. 3d Cir. 2011
23:1032(B), plaintiffs must prove Mr. Batiste’s injury resulted from an “intentional act.” we explained an intentional act requires the actor to either 1) consciously desire the physical result of his act, whatever the likelihood of that result happening from his conduct; or (2) know that the result is substantially certain to follow from his
Explained Rhine v. BAYOU PIPE COATING 79 So. 3d 430 La. Ct. App. 1st Cir. 2011
23:1032(B), plaintiffs must prove Mr. Batiste’s injury resulted from an “intentional act.” we explained an intentional act requires the actor to either (1) consciously desire the physical result of his act, whatever the likelihood of that result happening from his conduct; or (2) know that the result is substantially certain to follow from his conduct, whatever his desire may be as to that result