Cited by

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

82 citing documents.

Weber v. Charity Hosp. of La. at New Orleans 487 So. 2d 148 La. Ct. App. 4th Cir. 1986
Co., unaffected by the legislative grant of immunity from such liability provided by La.
Thompson v. Tuggle 486 So. 2d 144 La. Ct. App. 3d Cir. 1986
Co., as follows: "[The] plaintiffs' burden is to prove causation by a preponderance of the evidence.
Joseph v. Bohn Ford, Inc. 483 So. 2d 934 La. 1986
Halphen v. Johns-Manville Sales Corp. 484 So. 2d 110 La. 1986
Fontenot v. F. Hollier & Sons 478 So. 2d 1379 La. Ct. App. 3d Cir. 1986
Marshall v. Beno Truck Equipment, Inc. 481 So. 2d 1022 La. Ct. App. 1st Cir. 1986
Co., reversed and remanded, on remand (La.App.
Goldking Properties Co. v. Primeaux 478 So. 2d 1207 La. 1985
(citing Ardoin v. Hartford Accident & Indemnity Co., ): In a civilian jurisdiction such as ours, in which courts are bound to follow the positive law, case law should not supplant legislative or constitutional authority.
Weber v. Charity Hosp. of Louisiana 475 So. 2d 1047 La. 1985
Faucheaux v. Alton Ochsner Medical Foundation Hospital and Clinic 470 So. 2d 878 La. 1985
Co., are conspicuously erroneous.
Lanclos v. Rockwell Intern. Corp. 470 So. 2d 924 La. Ct. App. 3d Cir. 1985
Faucheaux v. ALTON OCHSNER MEDICAL FOUNDATION HOSP. & CLINIC 468 So. 2d 720 La. Ct. App. 5th Cir. 1985
On June 22, 1981, that notwithstanding the amendment to La.Civ.Code art. 1664, a provider of contaminated blood could be held liable under a theory of strict liability under La.
Kinney v. Hutchinson 468 So. 2d 714 La. Ct. App. 5th Cir. 1985
Hatcher v. State Through Dept. of Transp. and Development 467 So. 2d 584 La. Ct. App. 3d Cir. 1985
Bell v. Jet Wheel Blast, Div. of Ervin Industries 462 So. 2d 166 La. 1985
Miller v. Upjohn Co. 465 So. 2d 42 La. Ct. App. 1st Cir. 1985
Cutchall v. Great American Pump Co. 460 So. 2d 1106 La. Ct. App. 2d Cir. 1984
Winterrowd v. Travelers Indem. Co. 452 So. 2d 269 La. Ct. App. 2d Cir. 1984
Quattlebaum v. Hy-Reach Equipment Inc. 453 So. 2d 578 La. Ct. App. 1st Cir. 1984
the court held that the word "fault" found in La.C.C.
LeRay v. St. Paul Fire and Marine 444 So. 2d 1252 La. Ct. App. 1st Cir. 1984
Davila v. Southern Pacific Transp. Co. 444 So. 2d 1293 La. Ct. App. 5th Cir. 1984
Cobb v. Syntex Laboratories, Inc. 444 So. 2d 203 La. Ct. App. 1st Cir. 1983
Smith v. Formica Corp. 439 So. 2d 1194 La. Ct. App. 1st Cir. 1983
Landry v. Bill Garrett Chevrolet, Inc. 430 So. 2d 1051 La. Ct. App. 4th Cir. 1983
Co., wherein Justice Dennis stated: "We recognize that the words `unreasonably dangerous' may serve the beneficial purpose of preventing the manufacturer from being treated as the insurer of its products.
Broussard v. Continental Oil Co. 433 So. 2d 354 La. Ct. App. 3d Cir. 1983
Block v. Reliance Ins. Co. 433 So. 2d 1040 La. 1983
Carter v. CITY PARISH GOVERNMENT, ETC. 423 So. 2d 1080 La. 1982
Co., Jordan v. Travelers Ins.
Braxton v. Georgia-Pacific Corp. 419 So. 2d 125 La. Ct. App. 2d Cir. 1982
2d Cir. 1977); Thornhill v. Black, Sivalls & Bryson, Inc., and Byrd v. Hunt Tool Shipyards, Inc., 650 F.2d 44 (5th Cir. 1981).
Roark v. St. Paul Fire & Marine Ins. Co. 415 So. 2d 295 La. Ct. App. 2d Cir. 1982
Co., where the Supreme Court, using a products liability theory, held that a blood bank was strictly liable for injuries to a person who received blood contaminated with hepatitis.
Kent v. Gulf States Utilities Co. 418 So. 2d 493 La. 1982
Weber v. F. & C. Co., 259 La.
Furtado v. Alton Ochsner Medical Foundation 413 So. 2d 528 La. Ct. App. 4th Cir. 1982
In the recent case of Faciane [DeBattista] v. Argonaut-Southwest Insurance Co., the Supreme Court reviewed the question of plaintiff's burden of proof: "In this civil case, the plaintiffs' burden is to prove causation by a preponderance of the evidence.
Faciane v. Argonaut-Southwest Insurance Co. 410 So. 2d 279 La. Ct. App. 1st Cir. 1982
This court affirmed, ; however, the Supreme Court of Louisiana reversed the judgment of the trial court, , finding liability based upon C.C.
Hebert v. Brazzel 403 So. 2d 1242 La. 1981