Cited by

Opinions in Louisiana that cite Breithaupt v. Sellers, 390 So. 2d 870.

55 citing documents.

Guilliams v. Succession of Harrel 774 So. 2d 325 La. Ct. App. 1st Cir. 2000
Daye v. General Motors Corp. 720 So. 2d 654 La. 1998
LeJeune v. Allstate Ins.
Gedward v. Sonnier 713 So. 2d 770 La. Ct. App. 3d Cir. 1998
Edwards, ; Vascocu v. Acme Cement Prods., Inc., (La.App.
Edwards v. Horstman 687 So. 2d 1007 La. 1997
Manuel v. Shell Oil Co. 664 So. 2d 470 La. Ct. App. 5th Cir. 1995
Rather, plaintiff argues that he need only show, more probably than not, that his exposure was a substantial factor leading to the injuries, citing Thomas v. Missouri Pacific Railroad Co., 466 So.2d *475 1280, 1285 (La.1985); and Dixie Drive It Yourself System New Orleans Co.
Vascocu v. Acme Cement Products, Inc. 610 So. 2d 258 La. Ct. App. 3d Cir. 1992
Hunter v. Kroger Co. 600 So. 2d 837 La. Ct. App. 3d Cir. 1992
Willis v. Letulle 581 So. 2d 1048 La. Ct. App. 1st Cir. 1991
Reilly v. Dynamic Exploration, Inc. 571 So. 2d 140 La. 1990
Lucas v. St. Frances Cabrini Hosp. 562 So. 2d 999 La. Ct. App. 3d Cir. 1990
Brossette v. Professional Transportation 562 So. 2d 1018 La. Ct. App. 1st Cir. 1990
neither party enjoyed a strong or overwhelming position as to the facts which would justify the granting of such motion.” a “motion for directed verdict would have been appropriate only if reasonable men could not have disagreed on the issue of plaintiff's contributory negligence.
Cangelosi v. OUR LADY OF LAKE REG. MED. CTR. 564 So. 2d 654 La. 1990
9 C. Wright & A. Miller, Federal Practice and Procedure, § 2524, at 545 (1971).
Hubbard v. Louisiana Department of Transportation & Development 559 So. 2d 868 La. Ct. App. 1st Cir. 1990
(1980); Hingle v. Audubon Ins.
Bruce v. Rogers Oil Tool Services, Inc. 556 So. 2d 922 La. Ct. App. 3d Cir. 1990
Day v. South Line Equipment Co. 551 So. 2d 774 La. Ct. App. 1st Cir. 1989
Royal Insurance Co. v. Fireman's Fund Insurance 532 So. 2d 372 La. Ct. App. 1st Cir. 1988
On the other hand, if there is substantial evidence opposed to the motions, that is, evidence of such quality and weight that reasonable and fair-minded men in the exercise of impartial judgment might reach different conclusions, the motions should be denied, and the case submitted to the jury.”
Jacobs v. O'Bannon 531 So. 2d 562 La. Ct. App. 1st Cir. 1988
White v. Gulf States Utilities Co. 525 So. 2d 145 La. Ct. App. 3d Cir. 1988
Ladner v. Firemen's Ins. Co. of Newark 519 So. 2d 1198 La. Ct. App. 2d Cir. 1988
Soileau v. United Services Automobile Ass'n 509 So. 2d 530 La. Ct. App. 1st Cir. 1987
Dixie Drive It Yourself System New Orleans Co. v. American Beverage Co., 242 La.
Royer v. St. Paul Fire & Marine Ins. Co. 502 So. 2d 232 La. Ct. App. 3d Cir. 1987
Gotreaux v. Fidelity & Casualty Co. of New York 498 So. 2d 1147 La. Ct. App. 1st Cir. 1986
152, 157 (1977); See also Williams v. Slade, 431 F.2d 605 (5th Cir.1970).” Theriot v. St.
Lewis v. STATE FARM MUT. AUTO. INS. 499 So. 2d 656 La. Ct. App. 3d Cir. 1986
Hastings v. Baton Rouge General Hospital 498 So. 2d 713 La. 1986
Nettles v. Winn-Dixie Louisiana, Inc. 496 So. 2d 1296 La. Ct. App. 3d Cir. 1986
Scott v. Hosp. Serv. Dist. No. 1 496 So. 2d 270 La. 1986
[9] a "motion for directed verdict would have been appropriate only if reasonable men could not have disagreed on the issue of plaintiff's contributory negligence.
Sanchez Fernandez v. General Motors Corp. 491 So. 2d 633 La. 1986
Despot v. Stromatt 488 So. 2d 1104 La. Ct. App. 2d Cir. 1986
Marshall v. Beno Truck Equipment, Inc. 481 So. 2d 1022 La. Ct. App. 1st Cir. 1986
Reuther v. Landreneau 480 So. 2d 376 La. Ct. App. 4th Cir. 1985
HERLITZ CONST. CO., INC. v. Matherne 476 So. 2d 1037 La. Ct. App. 3d Cir. 1985
Rawls v. Morris 470 So. 2d 531 La. Ct. App. 1st Cir. 1985
Watson v. State Farm Fire and Cas. Ins. Co. 469 So. 2d 967 La. 1985
However, decided, when contributory negligence was the prevailing law, that a hunter/victim in violation of R.S.
Gurdin v. Dongieux 468 So. 2d 1241 La. Ct. App. 4th Cir. 1985
[2] and adopted by the courts of appeals.
Prudhomme v. Nationwide Mut. Ins. Co. 465 So. 2d 141 La. Ct. App. 3d Cir. 1985
Dixie Drive It Yourself System New Orleans Co. v. American Beverage Co., 242 La.
Anderson v. McCarty 462 So. 2d 630 La. 1985
Watson v. State Farm Fire & Casualty Insurance Co. 459 So. 2d 1235 La. Ct. App. 1st Cir. 1984
While it is true that failure to wear the required hunter’s orange vest does not constitute negligence per se so as to bar recovery, a hunter nonetheless has a duty, to himself, to prevent accidental shootings by making his presence known to other hunters, which is usually easily accomplished by wearing highly visible clothing.
Conner v. Florida Farm Bureau Cas. Ins. 446 So. 2d 383 La. Ct. App. 3d Cir. 1984
Dixie Drive It Yourself System New Orleans Company v. American Beverage Company, 242 La.
Dubois v. El Do Corp. 436 So. 2d 1317 La. Ct. App. 1st Cir. 1983
3rd Cir.1979) which adopted the standard enunciated in Boeing Co. v. Shipman, 411 F.2d 365 (5th Cir.1969), which is as follows: “On motions for directed verdict and for judgment notwithstanding the verdict the Court should consider all of the.
Theriot v. St. Martin Parish School Bd. 434 So. 2d 668 La. Ct. App. 3d Cir. 1983
Sons v. Commercial Union Assur. Companies 433 So. 2d 842 La. Ct. App. 3d Cir. 1983
Rougeau v. Commercial Union Ins. Co. 432 So. 2d 1162 La. Ct. App. 3d Cir. 1983
Breithaupt v. [Sellers] Houston General Insurance Co., (La.
Gaudet v. Louisiana Dept. of Highways 432 So. 2d 867 La. Ct. App. 1st Cir. 1983
Palmer v. Bartley, Inc. 430 So. 2d 118 La. Ct. App. 3d Cir. 1983
Wright v. O'NEAL 427 So. 2d 852 La. 1983
Roberts v. St. Bernard Parish School Bd. 427 So. 2d 676 La. Ct. App. 4th Cir. 1983
Gordon v. Nat'l Union Fire Insurance Co. of Pittsburgh, Pa., (La.App.
Carey v. Ory 421 So. 2d 1003 La. Ct. App. 3d Cir. 1982
Dixie Drive It Yourself System New Orleans Company v. American Beverage Company, 242 La.
Coleman v. Jackson 422 So. 2d 179 La. Ct. App. 3d Cir. 1982
Brown v. Soupenne 416 So. 2d 170 La. Ct. App. 4th Cir. 1982
Schielder v. Schwegmann Bros. Giant Supermarkets, Inc. 411 So. 2d 1220 La. Ct. App. 4th Cir. 1982