Cited by

Opinions in Louisiana that cite Wilkinson v. Hartford Acc. & Indem. Co., 411 So. 2d 22.

18 citing documents.

Cronin v. Department of Public Safety & Corrections, Office of Motor Vehicles 19 So. 3d 45 La. Ct. App. 1st Cir. 2009
Green v. Orleans Parish School Board 780 So. 2d 1082 La. Ct. App. 1st Cir. 2001
“While a child of 12 can be guilty of contributory [now comparative] negligence, such a child’s caution must be judged by his maturity and capacity to evaluate circumstances in each particular case, and he must exercise only the care expected of his age, intelligence and experience.” Wilkinson v. Hartford Accident & Indemnity Co.
Harvey v. Ouachita Parish School Bd. 674 So. 2d 372 La. Ct. App. 2d Cir. 1996
3d Cir.1981), reversed on other grounds
Wilson v. NATIONAL UNION FIRE INS. OF LOUISIANA 665 So. 2d 1252 La. Ct. App. 2d Cir. 1995
Co., Smith v. Jack Dyer & Asso.
Turner v. Pointe Coupee Parish School Bd. 577 So. 2d 755 La. Ct. App. 1st Cir. 1991
[2] In Wilkinson v. Hartford Accident & Indemnity Co., the supreme court indicated the statute did not apply to impose liability on a school board for a building constructed in 1965.
Richards v. Cousins 550 So. 2d 1273 La. Ct. App. 4th Cir. 1989
Byrd v. Bossier Parish School Bd. 543 So. 2d 35 La. Ct. App. 2d Cir. 1989
Plauche v. Consolidated Companies, Inc., 235 La.
Bergeron v. K-Mart Corp. 540 So. 2d 406 La. Ct. App. 1st Cir. 1989
Marshall v. Beno Truck Equipment, Inc., (La.App.
Pierre v. Lallie Kemp Charity Hosp. 515 So. 2d 614 La. Ct. App. 1st Cir. 1987
Howard v. Allstate Ins. Co. 510 So. 2d 685 La. Ct. App. 4th Cir. 1987
Children of Tina's age are capable of legal negligence, and Tina's trial testimony shows that she possessed sufficient experience, intelligence, and judgment to exercise care for her own safety.
Henix v. George 465 So. 2d 906 La. Ct. App. 2d Cir. 1985
Welch v. State Farm Mutual Automobile Insurance Co. 444 So. 2d 707 La. Ct. App. 1st Cir. 1984
Miller v. Broussard 430 So. 2d 330 La. Ct. App. 3d Cir. 1983
NOTES [1] Wilkinson, supra, was reversed, the Supreme Court ultimately determining that the school board was negligent and that the plaintiff was not guilty of contributory negligence.
Buchanan v. Tangipahoa Parish Police Jury 426 So. 2d 720 La. Ct. App. 1st Cir. 1983
App. 3rd Cir.1981), reversed on other grounds (La.App.
Hampton v. Orleans Parish School Bd. 422 So. 2d 202 La. Ct. App. 4th Cir. 1982
Wilkinson v. Hartford Acc. & Indem. Co. 421 So. 2d 440 La. Ct. App. 3d Cir. 1982
Sumner v. Foremost Ins. Co. 417 So. 2d 1327 La. Ct. App. 3d Cir. 1982
3 Cir. 1981), reversed on other grounds, noted that the relationship between "victim fault" under LSA-C.C.
Ryle v. Potter 413 So. 2d 649 La. Ct. App. 1st Cir. 1982
states that while a child of 12 can be guilty of contributory negligence, such a child's actions must be judged by his maturity and capacity to evaluate circumstances in each particular case, and he must exercise only the care expected of his age, intelligence, and experience.