Cited by

Opinions in Louisiana that cite Dorry v. LaFleur, 399 So. 2d 559.

78 citing documents.

Miller v. Broussard 430 So. 2d 330 La. Ct. App. 3d Cir. 1983
Gordon v. City of New Orleans 430 So. 2d 234 La. Ct. App. 4th Cir. 1983
Brown v. White 430 So. 2d 16 La. 1983
1067 , seems to support the argument that contributory negligence is not a defense to a strict liability cause of action
Hills v. Skate Country East, Inc. 430 So. 2d 1035 La. Ct. App. 4th Cir. 1983
Second, the court rejected the notion that the doctrine of assumption of risk applies to those which plaintiff should know about and limited its application to those risks of which plaintiff had actual knowledge.
Buchanan v. Tangipahoa Parish Police Jury 426 So. 2d 720 La. Ct. App. 1st Cir. 1983
Payne v. LOUISIANA DEPT. OF TRANSP., ETC. 424 So. 2d 324 La. Ct. App. 1st Cir. 1982
Lovell v. Earl Grissmer Co., Inc. 422 So. 2d 1344 La. Ct. App. 1st Cir. 1982
She contends that the deceased did not voluntarily expose himself to a danger which he fully understood and appreciated
Deville v. CALCASIEU GRAVITY, ETC. 422 So. 2d 631 La. Ct. App. 3d Cir. 1982
for a decision by a very much divided Louisiana Supreme Court, where a plurality of the Justices, including a Justice Ad Hoc, held that contributory negligence may indeed be a defense, perhaps under the guise of "victim fault" in strict liability cases.
Falgout v. Wardlaw 423 So. 2d 707 La. Ct. App. 2d Cir. 1982
Naylor v. La. Dept. of Public Highways 423 So. 2d 674 La. Ct. App. 1st Cir. 1982
a plaintiff does not assume a risk of harm unless he knows of the existence of the risk and appreciates its unreasonable character.
Williams v. New Orleans Public Service, Inc. 421 So. 2d 278 La. Ct. App. 4th Cir. 1982
the court observed: "Under what circumstances a plaintiff's contributory negligence should bar his recovery in a strict liability case should be developed on a case by case basis," and rejected contributory negligence as a legitimate defense to the claim in that particular case.
Schaeffer v. Duvall 421 So. 2d 262 La. Ct. App. 4th Cir. 1982
Stewart v. Sam Wallace Indus.
Sumner v. Foremost Ins. Co. 417 So. 2d 1327 La. Ct. App. 3d Cir. 1982
Verrett v. Cameron Telephone Co. 417 So. 2d 1319 La. Ct. App. 3d Cir. 1982
Kent v. Gulf States Utilities Co. 418 So. 2d 493 La. 1982
Entrevia v. Hood 413 So. 2d 954 La. Ct. App. 1st Cir. 1982
Holman v. Reliance Ins. Cos. 414 So. 2d 1298 La. Ct. App. 2d Cir. 1982
Walker v. James W. Salley, Inc. 412 So. 2d 159 La. Ct. App. 3d Cir. 1982
Mrs. Walker also contends that contributory negligence (victim fault) is no longer a defense to a 2317
Flair v. Bd. of Com'rs of Orleans Levee Bd. 411 So. 2d 614 La. Ct. App. 4th Cir. 1982
However, in the recent case of Dorry v. Lafleur, La., , at pages 560 and 561, the Supreme Court made the following pronouncement: "Where a plaintiff's negligence contributes to his own damage, there is no reason to ignore his fault in every case simply because the defendant's liability is based on some legal fault other than negligence.
Carpenter v. State Farm Fire and Cas. Co. 411 So. 2d 1206 La. Ct. App. 4th Cir. 1982
Carter v. City Parish Government of East Baton Rouge 409 So. 2d 345 La. Ct. App. 1st Cir. 1981
Goldberg v. Ruckstuhl 408 So. 2d 374 La. Ct. App. 1st Cir. 1981
the risk must be knowingly assumed, and the knowledge is subjective.
Stewart v. Sam Wallace Indus. Co. 409 So. 2d 335 La. Ct. App. 1st Cir. 1981
Fonseca v. Marlin Marine Corporation, ___ So.2d ___, No. 80-C-1522, Supreme Court, March 2, 1981.
Kaplan v. Missouri Pacific R. Co. 409 So. 2d 298 La. Ct. App. 3d Cir. 1981
Creamer v. Empire Fire & Marine Ins. Co. 405 So. 2d 651 La. Ct. App. 3d Cir. 1981
a case factually similar to the one before us, Tim's lack of actual knowledge of the puddle precludes a finding that he assumed the risk of injury unless it can be shown that he must have known or been aware of the puddle which caused his fall.
DeBattista v. Argonaut-Southwest Ins. Co. 403 So. 2d 26 La. 1981
Chappuis v. Sears Roebuck & Co.
Jackson v. Tri-State Elevator Co., Inc. 401 So. 2d 538 La. Ct. App. 3d Cir. 1981
Morgan v. Hartford Acc. and Indem. Co. 402 So. 2d 640 La. 1981
[3] The question of whether contributory negligence can serve as a defense in a and answered affirmatively in a plurality opinion.