Cited by
Opinions in Louisiana that cite Kent v. Gulf States Utilities Co., 418 So. 2d 493.
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Linda Mouton v. Aaa Cooper Transportation
La. Ct. App. 3d Cir. 2018
stated: In a typical negligence case against the owner of a thing (such as a tree) which is actively involved in the causation of injury, the claimant must prove that something about the thing created an unreasonable risk of injury that resulted in the damag
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Mouton v. AAA Cooper Transp.
251 So. 3d 516
La. Ct. App. 1st Cir. 2018
The Louisiana Supreme *527 Court long ago in Kent v. Gulf States Utilities Co. , , 497 (La.1982), stated: In a typical negligence case against the owner of a thing (such as a tree) which is actively involved in the causation of injury, the claimant must prove that something about the thing created an unreasonable risk of injury that resulted in the damage, that the owner knew or should have known
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Boudreaux v. Bollinger Shipyard
197 So. 3d 761
La. Ct. App. 1st Cir. 2016
the Supreme Court characterized the difference between negligence and strict liability causes of actions for liability for things in our custody: In a typical negligence case against the owner of a thing (such as a tree) which is actively involved in the causation of injury, the claimant must prove tha
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Wadick v. General Heating & Air Conditioning, LLC
145 So. 3d 586
La. Ct. App. 1st Cir. 2014
Although “fault” is generally associated with tort *598 liability, 12 the Louisiana Supreme Court 118has explained that “ ‘fault’ is a broader and more comprehensive term than ‘negligence.’ ”
- Julie Smalley v. Anthony Ransonet La. Ct. App. 3d Cir. 2013
- Watts v. Georgia-Pacific Corp. 135 So. 3d 53 La. Ct. App. 1st Cir. 2013
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Jones v. Buck Kreihs Marine Repair, L.L.C.
122 So. 3d 1181
La. Ct. App. 1st Cir. 2013
Cir.1987); and Strickland v. Ambassador, Insurance Co., (La.App.
- Tonya Lynn Boudreaux v. R. E. Heidt Construction Co., Inc. La. Ct. App. 3d Cir. 2010
- Flowers v. Entergy Corporation 30 So. 3d 283 La. Ct. App. 1st Cir. 2010
- Millard P. Dumesnil, III v. Southwest Louisiana Electric Membership Corp. La. Ct. App. 3d Cir. 2009
- Dumesnil v. Southwest Louisiana Electric Membership Corp. 2 So. 3d 1254 La. Ct. App. 1st Cir. 2009
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Jerry Ramos v. State of La, Thru the Dotd
La. Ct. App. 3d Cir. 2008
9:2800 was unconstitutional as it conflicted with 6 the Louisiana Supreme Court explained that, a plaintiff pursuing a negligence claim against an owner of a thing causing damage must prove that 1) the thing created an unreasonable risk of injury; 2) damage resulted; 3) the owner knew or should have known of the risk; and that 4) the owner failed to take
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Ramos v. State ex rel. Department of Transportation & Development
977 So. 2d 1066
La. Ct. App. 1st Cir. 2008
6 |7 the Louisiana Supreme Court explained that, a plaintiff pursuing a negligence claim against an owner of a thing causing damage must prove that 1) the thing created an unreasonable risk of injury; 2) damage resulted; 3) the owner knew or should have known of the risk; and that 4) the owner failed to take ade
- Palermo v. Port of New Orleans 951 So. 2d 425 La. Ct. App. 4th Cir. 2007
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Ronald K. Chavers v. Bright Truck Leasing Corp.
La. Ct. App. 3d Cir. 2006
Ross [v. La Costa de Monterville], 502 So.2d [1026,] 1032 [(La.1987)]; n. 5 (La.1982).
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Chavers v. Bright Truck Leasing
945 So. 2d 838
La. Ct. App. 3d Cir. 2006
Ross [ v. La Costa de Monterville ], 502 So.2d [1026,] 1032 [(La.1987)]; , 497 n. 5 (La.1982).
- Foley v. Entergy Louisiana, Inc. 946 So. 2d 144 La. 2006
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Terri Louise Smith v. Boise Cascade Corporation
La. Ct. App. 3d Cir. 2006
1st Cir. 1980), affirmed, ” Goleman v. Kroger & Co., (La.App.
- Palermo v. Port of New Orleans 933 So. 2d 168 La. Ct. App. 4th Cir. 2006
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Giorgio v. Alliance Operating Corp.
921 So. 2d 58
La. 2006
Ross, 502 So.2d at 1032; , 497 n. 5 (La.1982).
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Raymond Morgan Allen v. Louis Simon and Allstate Ins. Co.
La. Ct. App. 3d Cir. 2004
Such a concept is a form of absolute liability, a remedy unavailable in these circumstances given that theory’s stringent standards for recovery as explained by the Louisiana Supreme Court in Kent v. Gulf States Utilities, Co.
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Allen v. Simon
888 So. 2d 1140
La. Ct. App. 3d Cir. 2004
Such a concept is a form of absolute liability, a remedy unavailable in these circumstances given that theory's stringent standards for recovery as explained by the Louisiana Supreme Court in Kent v. Gulf States Utilities, Co.
- Pepper v. Triplet 864 So. 2d 181 La. 2004
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Conoco, Inc. v. Halter-Calcasieu, L.L.C.
La. Ct. App. 3d Cir. 2003
Langlois v. Allied Chemical Corporation, 258 La.
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Conoco Inc. v. Halter-Calcasieu LLC
865 So. 2d 813
La. Ct. App. 3d Cir. 2003
Langlois v. Allied Chemical Corporation, 258 La.
- Faulkner v. McCarty Corp. 853 So. 2d 24 La. Ct. App. 4th Cir. 2003
- Hebert v. ANCO Insulation, Inc. 835 So. 2d 483 La. Ct. App. 1st Cir. 2002
- Whitaker v. City of Bossier City 813 So. 2d 1269 La. Ct. App. 2d Cir. 2002
- Petre v. State Ex Rel. DOTD 817 So. 2d 1107 La. 2002
- Menard v. City of Lafayette 786 So. 2d 354 La. Ct. App. 3d Cir. 2001
- Lasyone v. Kansas City Southern RR 786 So. 2d 682 La. 2001
- Petre v. State Ex Rel. DOTD 775 So. 2d 1252 La. Ct. App. 3d Cir. 2000
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Hoffman v. City of New Orleans
771 So. 2d 217
La. Ct. App. 1st Cir. 2000
Kent v. Gulf *219 States Utilities Co.
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Dupree v. City of New Orleans
765 So. 2d 1002
La. 2000
Co., , 1112 n. 7 (La.1990)
- Stone v. Hebert 762 So. 2d 220 La. Ct. App. 1st Cir. 2000
- Irion v. State Ex Rel. DOTD 760 So. 2d 1220 La. Ct. App. 1st Cir. 2000
- Bailey v. Forest Hill Speedway 759 So. 2d 160 La. Ct. App. 1st Cir. 2000
- Strouse v. M & M PROPERTIES 753 So. 2d 434 La. Ct. App. 2d Cir. 2000
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Trice v. Isaac
759 So. 2d 843
La. Ct. App. 5th Cir. 2000
497 *848 (La.1982), (emphasis supplied); Teel v. State, Dept. of Transp.
- Ditch v. State ex rel. Department of Transportation & Development 745 So. 2d 1279 La. Ct. App. 1st Cir. 1999
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Duncan v. Kansas City Southern Ry. Co.
747 So. 2d 656
La. Ct. App. 3d Cir. 1999
Co., the supreme court observed as follows with regard to the existence of a duty: In a typical negligence case against the owner of a thing (such as a tree) which is actively involved in the causation of injury, the claimant must prove that something about the thing created an unreasonable risk of injury t
- Farbe v. Casualty Reciprocal Exchange 746 So. 2d 228 La. Ct. App. 1st Cir. 1999
- Cormier v. THE Ins. Co. 745 So. 2d 1 La. 1999
- Hooker v. Super Products Corp. 751 So. 2d 889 La. Ct. App. 5th Cir. 1999
- Jacobs v. City of Bunkie 737 So. 2d 14 La. 1999
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Penton v. Schuster
732 So. 2d 597
La. Ct. App. 5th Cir. 1999
(emphasis supplied); Teel v. State, Dept. of Transp.
- Ledent v. Guaranty Nat. Ins. Co. 723 So. 2d 531 La. Ct. App. 2d Cir. 1998
- Soileau v. STATE EX REL. DEPT. OF TRANSP. AND DEV. 724 So. 2d 834 La. Ct. App. 3d Cir. 1998
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Melancon v. City of Lafayette
719 So. 2d 694
La. Ct. App. 1st Cir. 1998
: Under traditional negligence concepts, the knowledge (actual or constructive) gives rise to the duty to take reasonable steps to protect against injurious consequences resulting from *701 the risk, and no responsibility is placed on the owner who acted reasonably but nevertheless failed to discover tha
- Jones v. Hawkins 708 So. 2d 749 La. Ct. App. 2d Cir. 1998