Cited by

Opinions in Louisiana that cite DeBattista v. Argonaut-Southwest Ins. Co., 403 So. 2d 26.

82 citing documents.

Victor Bruno v. Brd US, Inc. La. Ct. App. 3d Cir. 2021
Alendra Niang v. Dryades Ymca School of Commerce, Inc. and Xyz Insurance Co. La. Ct. App. 4th Cir. 2019
Co., (1981) (citation omitted).
Del Dean David, Et Ux. v. Velsicol Chemical Corp. La. Ct. App. 3d Cir. 2010
Susan and Edward L. Wilhelm v. Mosaic Global Operations, Inc. La. Ct. App. 3d Cir. 2010
David v. Velsicol Chem. Corp. 49 So. 3d 997 La. Ct. App. 1st Cir. 2010
Co., Weber v. Fidelity & Casualty Ins.
Bourque v. Louisiana Health System Corp. 956 So. 2d 60 La. Ct. App. 3d Cir. 2007
ISSUES The Bourques' sole assignment of error is that the trial court erred in ruling that comment k to Section 402A of the Restatement (Second) of Torts provides an absolute defense in a cert.
Bertha B. Bourque v. Louisiana Health System Corp. La. Ct. App. 3d Cir. 2007
ISSUES The Bourques’ sole assignment of error is that the trial court erred in 1 ruling that comment k to Section 402A of the Restatement (Second) of Torts provides an absolute defense in a strict products liability case brought pursuant to the Louisiana Supreme Court’s cert.
Crum v. State 931 So. 2d 400 La. Ct. App. 2d Cir. 2006
Patin v. ADMIN. OF TULANE EDUCATIONAL FUND 907 So. 2d 164 La. Ct. App. 4th Cir. 2005
Christiana v. Southern Baptist Hospital 867 So. 2d 809 La. Ct. App. 1st Cir. 2004
wherein the Louisiana Supreme Court first enunciated the idea of strict liability for blood transfusion.
Day v. MOREHOUSE GENERAL HOSP. 865 So. 2d 924 La. Ct. App. 2d Cir. 2004
Co., the court first held that a plaintiff seeking recovery for a tainted 1973 transfusion had a cause of action in strict liability.
David v. Our Lady of the Lake Hosp., Inc. 849 So. 2d 38 La. 2003
[4] Thus, was the first case to hold that a plaintiff seeking damages for being transfused in 1973 with blood tainted with hepatitis had a cause of action in strict liability.
David v. Our Lady of Lake Hosp., Inc. 857 So. 2d 529 La. Ct. App. 1st Cir. 2003
[2] -32 (La.1981), the Louisiana Supreme Court recognized health care providers' exposure to strict products liability claims arising out of defective blood transfusions, reasoning that "[a] distributor of blood is strictly liable in tort when blood he places on the market creates an unreasonable risk of harm to others
Chauvin v. Sisters of Mercy Health System, St. Louis, Inc. 818 So. 2d 833 La. Ct. App. 4th Cir. 2002
Lucas v. Tenet Health System Hospitals, Inc. 818 So. 2d 269 La. Ct. App. 1st Cir. 2002
We overrule Boutte and hold that Branch correctly concluded that all pre-1982 (pre-blood shield statutes) claims against hospitals in strict products liability arising out of defective blood transfusions (DeBattista [v. Argonaut-Southwest Insurance Co., ] claims) are not traditional medical malpractice claims and thus are not governed by § 5628, but rather are governed by Article 3492.
Williams v. Jackson Parish Hospital 798 So. 2d 921 La. 2001
which first recognized such claims.
Ginn v. Woman's Hosp. Foundation, Inc. 770 So. 2d 428 La. Ct. App. 1st Cir. 2000
Co., in finding that the law prior to the effective dates of LSA-R.S.
Distinguished Seal v. ST. TAMMANY PARISH HOSPITAL 848 So. 2d 1 La. Ct. App. 1st Cir. 2000
Co., and Faucheaux v. Alton Ochsner Medical Foundation Hosp.
Boutte v. Jefferson Parish Hospital Service District No. 1 738 So. 2d 1188 La. Ct. App. 1st Cir. 1999
Asbestos v. Bordelon, Inc. 726 So. 2d 926 La. Ct. App. 4th Cir. 1998
Co., cf. Bell v. Jet Wheel Blast, supra.
Walker v. Bossier Medical Center 714 So. 2d 895 La. Ct. App. 2d Cir. 1998
Douglass v. Alton Ochsner Medical Foundation 704 So. 2d 844 La. Ct. App. 5th Cir. 1997
is what prompted the legislature to enact R.S.
DeBlanc v. Touro Infirmary 686 So. 2d 1015 La. Ct. App. 4th Cir. 1996
In Branch, supra at 213 , the Louisiana Supreme Court wrote the following: In 1981, after the DeBattista [v. Argonaut-Southwest Insurance Co., ] decision, the legislature added Civil Code article 2322.1 and R.S.
Branch v. Willis-Knighton Medical Center 636 So. 2d 211 La. 1994
Co., this court held that under the strict tort product liability theory a hospital blood bank may be held strictly liable in tort when the blood it sells creates an unreasonable risk of harm to others, e.g., when that blood is contaminated with hepatitis virus, and, in fact, results in injury or disease to a hu
Simeon v. Doe 618 So. 2d 848 La. 1993
Branch v. Willis-Knighton Medical Center 607 So. 2d 883 La. Ct. App. 2d Cir. 1992
in which the Louisiana Supreme Court concluded that blood contaminated with hepatitis virus was defective, and that the blood bank which distributed the contaminated blood was liable in tort under the provisions of LSA-C.C.
Sewell v. Doctors Hosp. 600 So. 2d 577 La. 1992
Home Insurance Co. v. National Tea Co. 577 So. 2d 65 La. Ct. App. 1st Cir. 1991
Co., Chappuis v. Sears, Roebuck & Co., Weber v. Fidelity & Casualty Ins.
Reilly v. Dynamic Exploration, Inc. 571 So. 2d 140 La. 1990
Co., Chappuis v. Sears, Roebuck & Co., (La.
Nungesser v. Nungesser 558 So. 2d 695 La. Ct. App. 1st Cir. 1990
Laburre v. East Jefferson General Hosp. 555 So. 2d 1381 La. 1990
Therefore, which held that a blood bank which distributed diseased blood without negligence could be held strictly liable for damages incurred by a person who contracted hepatitis after a transfusion of the unwholesome blood.
Addison v. Williams 546 So. 2d 220 La. Ct. App. 2d Cir. 1989
2 and Hunt v. City Stores, Inc., "
Trabeau v. MacK Trucks, Inc. 543 So. 2d 1381 La. Ct. App. 1st Cir. 1989
Co., Jones v. City of Baton Rouge, etc., and Everett v. Louisiana Dept. of Transp., etc., (La.App.
Antley v. Yamaha Motor Corp., USA 539 So. 2d 696 La. Ct. App. 3d Cir. 1989
Co., Hunt v. City Stores, 387 So.
Shortess v. Touro Infirmary 535 So. 2d 446 La. Ct. App. 1st Cir. 1988
Co., the court found “as a matter of law that blood contaminated with hepatitis virus is defective, i.e., unreasonably dangerous to normal use.” The plaintiffs also allege that the jury interrogatories on this issue further served to confuse the jury.
Friar v. Caterpillar, Inc. 529 So. 2d 509 La. Ct. App. 5th Cir. 1988
Casey v. Southern Baptist Hosp. 526 So. 2d 1332 La. Ct. App. 4th Cir. 1988
DeBattista v. Argonaut-Southwest Inc., Co., at 32 (La.1981); (La.
Prather v. Caterpillar Tractor Co., Inc. 526 So. 2d 1325 La. Ct. App. 3d Cir. 1988
Co., Hunt v. City Stores, 387 So.
Shortess v. Touro Infirmary 520 So. 2d 389 La. 1988
Carroll v. State Farm Ins. Co. 519 So. 2d 265 La. Ct. App. 5th Cir. 1988
Tide Craft, Inc. v. Red Ball Oxygen Co. 514 So. 2d 664 La. Ct. App. 2d Cir. 1987
Shortess v. Touro Infirmary 508 So. 2d 938 La. Ct. App. 4th Cir. 1987
Toups v. Sears, Roebuck and Co., Inc. 507 So. 2d 809 La. 1987
Whittle v. MILLER ELECTRICAL MFG. CO. 507 So. 2d 266 La. Ct. App. 3d Cir. 1987
LeBleu v. Homelite Div. of Textron, Inc. 509 So. 2d 563 La. Ct. App. 3d Cir. 1987
Guillory v. Keel 502 So. 2d 1159 La. Ct. App. 3d Cir. 1987
Bloxom v. Bloxom 494 So. 2d 1297 La. Ct. App. 2d Cir. 1986
DeBattista v. ArgonautSouthwest Insurance Company
Strickland v. Fowler 499 So. 2d 199 La. Ct. App. 2d Cir. 1986
[2] and Hunt v. City Stores, Inc.
Norris v. Bell Helicopter Textron 495 So. 2d 976 La. Ct. App. 3d Cir. 1986
C. Frank Holthaus v. Cameron Brown Co. 491 So. 2d 443 La. Ct. App. 1st Cir. 1986
See (finding tort liability despite seeming impediments of obligations law).