Cited by
Opinions in Louisiana that cite Seals v. Morris, 410 So. 2d 715.
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Qasem v. Acadian Apartments, Inc.
252 So. 3d 1
La. Ct. App. 1st Cir. 2018
Seals v. Morris , , 718 (La.
- Carroll v. Allstate Ins. 244 So. 3d 772 La. Ct. App. 2d Cir. 2017
- Stafford v. Exxon Mobile Corp. 212 So. 3d 1257 La. Ct. App. 1st Cir. 2017
- Alexander v. Parish of St. John Baptist 102 So. 3d 904 La. Ct. App. 5th Cir. 2012
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Ennis v. Sears, Roebuck & Co.
9 So. 3d 899
La. Ct. App. 1st Cir. 2009
Nalle v. State Farm Fire & Cas.
- Hardison v. ENCOMPASS INSURANCE 994 So. 2d 157 La. Ct. App. 1st Cir. 2008
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SIGNAL v. Anderson
973 So. 2d 933
La. Ct. App. 2d Cir. 2007
Davis v. Smith, 35,117 (La.App.2d Cir.10/2/01), , writ denied, 2001-2887 (La.1/25/02), .
- The Shaw Group v. Kulick 915 So. 2d 796 La. Ct. App. 1st Cir. 2005
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Richardson v. Aldridge
854 So. 2d 923
La. Ct. App. 2d Cir. 2003
Davis v. Smith, 35,117 (La.App.2d Cir.10/02/01), , writ denied, 2001-2887 (La.1/25/02), .
- Austin v. Abney Mills, Inc. 824 So. 2d 1137 La. 2002
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Davis v. Smith
796 So. 2d 765
La. Ct. App. 2d Cir. 2001
Nalle v. State Farm Fire & Cas.
- Parish v. LM Daigle Oil Co., Inc. 742 So. 2d 18 La. Ct. App. 3d Cir. 1999
- Thielmier v. Louisiana Riverboat Gaming 732 So. 2d 620 La. Ct. App. 2d Cir. 1999
- Tolbert v. Fireman's Fund Ins. Co. 719 So. 2d 738 La. Ct. App. 3d Cir. 1998
- Nalle v. State Farm Fire & Cas. Co. 702 So. 2d 854 La. Ct. App. 3d Cir. 1997
- Warren v. Campagna 686 So. 2d 969 La. Ct. App. 4th Cir. 1996
- Continental Ins. v. THREE SEASONS 649 So. 2d 1220 La. Ct. App. 3d Cir. 1995
- Maeder v. Williams 652 So. 2d 1005 La. Ct. App. 4th Cir. 1994
- Meany v. Meany 639 So. 2d 229 La. 1994
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Welch v. STATE, DOTD.
640 So. 2d 596
La. Ct. App. 3d Cir. 1994
The Louisiana Supreme Court addressed the doctrine of inevitable accident in Seals v. *600 Morris, wherein it explained: As a general rule, the doctrine of "unavoidable or inevitable accident" relieves a person of liability.
- Penton v. Clarkson 633 So. 2d 918 La. Ct. App. 1st Cir. 1994
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Self v. Walker Oldsmobile Co., Inc.
614 So. 2d 1371
La. Ct. App. 3d Cir. 1993
Pickett v. Jacob Schoen & Son, Inc., (La.App.
- Dominici v. Wal-Mart Stores, Inc. 606 So. 2d 555 La. Ct. App. 4th Cir. 1992
- Cole v. Celotex Corp. 599 So. 2d 1058 La. 1992
- Miller v. Everett 576 So. 2d 1162 La. Ct. App. 3d Cir. 1991
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Fox v. Bd. of Sup'rs of La. State Univ.
576 So. 2d 978
La. 1991
on rehearing Straley v. Calongne Drayage & Storage, Inc.
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Paynes v. Guidry
576 So. 2d 591
La. Ct. App. 1st Cir. 1991
The doctrine of “unavoidable accident”
- Bunge Corp. v. Gatx Corp. 557 So. 2d 1376 La. 1990
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Breeden v. Valencia, Inc.
557 So. 2d 302
La. Ct. App. 4th Cir. 1990
(on rehearing); (La.App.
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Shroyer v. Grush
555 So. 2d 534
La. Ct. App. 4th Cir. 1989
The Louisiana Supreme Court has adopted the inevitable accident doctrine, (On rehearing, 1982), as follows: As a corollary of the rule for determining legal responsibility for negligence, if a motorist or other traveler has exercised ordinary care as required by the common law ..., and has nevertheless been the occasion of inflicting injury on another, the accident is said to be i
- White v. McCoy 552 So. 2d 649 La. Ct. App. 2d Cir. 1989
- LP v. Oubre 547 So. 2d 1320 La. Ct. App. 5th Cir. 1989
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Tennis v. Hartford Ins. Co.
523 So. 2d 278
La. Ct. App. 2d Cir. 1988
quoting Blashfield, supra, Sec.
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LaRue v. Crown Zellerbach Corp.
512 So. 2d 862
La. Ct. App. 1st Cir. 1987
The elements of a cause of action under Civil Code articles 2315 and 2316 are fault, causation, and damages, (on reh'g).
- Cappo v. Alliance Ins. Co. 499 So. 2d 233 La. Ct. App. 2d Cir. 1986
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Kitchen v. Duke's Escort Service
493 So. 2d 829
La. Ct. App. 2d Cir. 1986
our supreme court set forth the elements of a cause of action under LSA-C.C.
- Boudreaux v. Panger 490 So. 2d 1083 La. 1986
- Ozols v. Irving 491 So. 2d 719 La. Ct. App. 1st Cir. 1986
- Pickett v. Jacob Schoen & Son, Inc. 488 So. 2d 1257 La. Ct. App. 4th Cir. 1986
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Copes v. Northeast La. Power Cooperative
486 So. 2d 1003
La. Ct. App. 2d Cir. 1986
art. 2316 provides: “Every person is responsible for the damage he occasions not merely by his *1008 act, but by his negligence, his imprudence, or his want of skill.” , on remand, , writ granted in part, (La.
- Jacks v. Allstate Ins. Co. 463 So. 2d 833 La. Ct. App. 2d Cir. 1985
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Craft v. Caldwell Parish Police Jury
455 So. 2d 1226
La. Ct. App. 2d Cir. 1984
the court sets forth the test for determining the existence of a legal duty as follows: La.Civ.Code art. 2315 provides in pertinent part: Every act whatever of man that causes damage to another obliges him by whose fault it happened to repair it.
- Coburn v. Commercial Nat. Bank 453 So. 2d 597 La. Ct. App. 2d Cir. 1984
- Oswald v. RAPIDES IBERIA MGMT. ENTERPRISES, INC. 452 So. 2d 1258 La. Ct. App. 2d Cir. 1984
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Owens v. Martin
449 So. 2d 448
La. 1984
this court recognized that the elements of a cause of action based on negligence under C.C.
- Smith v. State Farm Insurance Co. 446 So. 2d 1269 La. Ct. App. 4th Cir. 1984
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Hardee v. Tate & Sons, Inc.
442 So. 2d 1390
La. Ct. App. 1st Cir. 1983
for the proposition that in order to prove a cause of action under LSA-C.C.
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Braun v. West Jefferson General Hospital
436 So. 2d 1231
La. Ct. App. 1st Cir. 1983
In his well-written reasons for judgment, the learned trial judge found that plaintiff did not bear his burden of proving by a preponderance of the evidence the necessary elements of his alleged cause of action against Jones and that he had serious questions concerning plaintiffs credibility.
- Palmer v. Bartley, Inc. 430 So. 2d 118 La. Ct. App. 3d Cir. 1983
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Bink v. Blackwell
429 So. 2d 228
La. Ct. App. 1st Cir. 1983
for the proposition that for the *230 defendant to invoke the unavoidable accident rule, defendant must show that the situation was not brought about through his own negligence.