Cited by
Opinions in Louisiana that cite Weber v. Charity Hosp. of Louisiana, 475 So. 2d 1047.
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Mark Patout v. Underwriters at Lloyd's London
La. Ct. App. 3d Cir. 2017
at New Orleans, this court was presented with the issue of whether a compromise with and release of an initial tortfeasor discharged a hospital and a blood supplier that gave the victim unwholesome blood during treatment for injuries she sustained in the original accident from any obligation relating to the blood transfusi
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Ronald and Peggy Bianchi v. Dr. Ernesto Kufoy
La. Ct. App. 3d Cir. 2010
of La., Howell v. Iacona, supra.
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Bianchi v. KUFOY
53 So. 3d 530
La. Ct. App. 1st Cir. 2010
of La., Howell v. Iacona, supra.
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Hines v. Smith
16 So. 3d 1234
La. Ct. App. 2d Cir. 2009
at New Orleans, Black v. Anderson, 2006-891 (La.App.
- Ferguson v. Sugar 988 So. 2d 816 La. Ct. App. 4th Cir. 2008
- Jeffery J. Baudoin v. Carlos Ramirez Montoya La. Ct. App. 3d Cir. 2008
- Baudoin v. Montoya 974 So. 2d 877 La. Ct. App. 3d Cir. 2008
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Black v. Anderson
956 So. 2d 20
La. Ct. App. 5th Cir. 2007
at New Orleans, , 1051 n. 4 (La.
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Glass v. Alton Ochsner Medical Foundation
907 So. 2d 782
La. Ct. App. 4th Cir. 2005
the Magnolia School as the original tortfeasor could be held 100% liable for the plaintiff's damages including any alleged medical malpractice.
- Hernandez v. Chalmette Medical Center 869 So. 2d 141 La. Ct. App. 4th Cir. 2004
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Franz v. LeDoux
869 So. 2d 137
La. Ct. App. 4th Cir. 2004
[5] and Younger v. Marshall Industries, Inc., in language that is applicable to the disposition of the instant case: The present case is distinguishable from Weber and Younger .
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Penton v. Healy
863 So. 2d 684
La. Ct. App. 4th Cir. 2003
4th Cir.1984), reversed on other grounds an expert witness maintained that he was owed a fee based upon a contractual arrangement with plaintiffs’ attorney.
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Bujol v. Entergy Services, Inc.
833 So. 2d 947
La. Ct. App. 1st Cir. 2003
This is consistent with the holding of Weber v. Charity Hospital , : [T]wo defendants may be solidarily liable for those damages for which plaintiff can compel either to pay, even though other elements of damages may be recoverable only against one of the defendants.
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Glass v. Alton Ochsner Medical Foundation
832 So. 2d 403
La. Ct. App. 4th Cir. 2002
Furthermore, also contributes to the understanding that this case involves the same transaction or occurrence.
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Dumas v. STATE EX REL. DEPT. OF CULT., REC.
828 So. 2d 530
La. 2002
of La., and Lambert v. United States Fidelity & Guar.
- Hebert v. ANCO Insulation, Inc. 835 So. 2d 483 La. Ct. App. 1st Cir. 2002
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Dumas v. State
804 So. 2d 813
La. Ct. App. 2d Cir. 2001
Specifically, plaintiffs argued that the state was attempting to introduce factual allegations and evidence of subsequent medical malpractice in violation of the jurisprudential rules that, as a matter of policy, and Lambert v. U.S. F. & G. Co.
- Rollins v. Richardson 803 So. 2d 1028 La. Ct. App. 2d Cir. 2001
- Miller v. Southern Baptist Hosp. 806 So. 2d 10 La. Ct. App. 4th Cir. 2001
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Knabel v. Lewis
809 So. 2d 314
La. Ct. App. 1st Cir. 2001
of Louisiana at New Orleans
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Smith v. Roussel
808 So. 2d 726
La. Ct. App. 1st Cir. 2001
4th Cir.1984), reversed on other grounds
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Collins v. State ex rel. Louisiana Health Care Authority
774 So. 2d 167
La. Ct. App. 1st Cir. 2000
Younger v. Marshall Industries, Inc.
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Batson v. South Louisiana Medical Center
750 So. 2d 949
La. 1999
at New Orleans, 3) the inapplicability of a single statutory cap to two separate and distinct injuries that might give rise to two separate actions, even though the acts occur during the same hospitalization; 4) the strict construction of the special legislation, the $500,000 cap, because the limitation is in derogation of
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Pinsonneault v. Merchants & Farmers Bank
738 So. 2d 172
La. Ct. App. 3d Cir. 1999
at New Orleans, that the duty on the tortfeasor to refrain from causing injury to another encompasses the risk that the second injury may occur.
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Underwood v. Lane Memorial Hosp.
714 So. 2d 715
La. 1998
at New Orleans, if the negligence of both defendants is proved, the School Board will be solidarily liable for the medical malpractice damages (although the damages attributable exclusively to the original tort will be owed exclusively by the initial tortfeasor).
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Broussard v. Campbell Wells Corp.
702 So. 2d 361
La. Ct. App. 1st Cir. 1997
Specifically, the plaintiffs allege that the obligations owed by CWC and Sanifill are solidary because “the damages caused during SanifiU’s operation of the Campbell Wells facility are easily associated with the wrongful acts of Campbell |BWeIls.” Younger v. Marshall Industries, Inc.
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Jenkins v. Lindsey
693 So. 2d 238
La. Ct. App. 4th Cir. 1997
of Louisiana at New Orleans
- McCrory v. JEFFERSON PARISH HOSP. SERV. 686 So. 2d 1060 La. Ct. App. 5th Cir. 1996
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Gauthreaux v. Trosclair
676 So. 2d 213
La. Ct. App. 1st Cir. 1996
Regarding any and all secondary harm, or harm not primary, the district court should perform a duty/risk analysis, and determine whether the secondary damages are the consequence of the type of risk of harm encompassed in [Dr. Samson's] duty of care."
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Pendleton v. Barrett
675 So. 2d 720
La. 1996
Regarding any and all secondary harm, or harm not primary, the district court should perform a duty/risk analysis, and determine whether the secondary damages are the consequence of the type of risk of harm encompassed in Dr. Barrett's duty of care.
- McCarthy v. Berman 668 So. 2d 721 La. 1996
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Begnaud v. Department of Transp. & Dev.
679 So. 2d 113
La. Ct. App. 5th Cir. 1996
of Louisiana at New Orleans
- Adams v. Dupree 663 So. 2d 433 La. Ct. App. 4th Cir. 1995
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Littleton v. Montelepre Extended Care Hosp.
657 So. 2d 572
La. Ct. App. 4th Cir. 1995
and Younger v. Marshall Industries, Inc.
- Futch v. Commercial Union Insurance Co. 654 So. 2d 766 La. Ct. App. 1st Cir. 1995
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Jones v. St. Francis Cabrini Hosp.
652 So. 2d 1331
La. 1995
In determining whether the reversal of the colostomy and Mrs. Jones' subsequent death were connected with the original harm, we look to the duty/
- Steptoe v. Lallie Kemp Regional Hospital 638 So. 2d 643 La. 1994
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Smith v. LOUISIANA HEALTH & HUMAN RES.
637 So. 2d 1177
La. Ct. App. 4th Cir. 1994
(duty imposed on host driver to refrain from causing injury to another by negligent operation of her car encompassed risk that victim's injuries might be worsened by the treatment for those injuries); Vicknair v. Hibernia Bldg.
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Steptoe v. Lallie Kemp Hosp.
634 So. 2d 331
La. 1994
of Louisiana, Lambert v. United States Fidelity & Guaranty Co.
- Hines v. Remington Arms Co., Inc. 630 So. 2d 809 La. Ct. App. 3d Cir. 1994
- Rivnor Properties v. Herbert O'Donnell, Inc. 633 So. 2d 735 La. Ct. App. 5th Cir. 1994
- Lambert v. US Fidelity & Guar. Co. 629 So. 2d 328 La. 1993
- Lasha v. Olin Corp. 625 So. 2d 1002 La. 1993
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Lambert v. United States Fidelity & Guaranty Ass'n
623 So. 2d 11
La. Ct. App. 1st Cir. 1993
the Louisiana Supreme Court held that a tort-feasor is solidarity liable with a health care provider who negligently treats the plaintiff for injuries sustained in the original accident.
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Younger v. Marshall Industries, Inc.
618 So. 2d 866
La. 1993
[36] The issue of whether the initial tortfeasor is liable for the injuries plaintiff sustained when the shower chair broke, and is therefore a solidary obligor or joint tortfeasor with the hospital which provided the shower chair, should be determined under the duty/ (La.
- Steptoe v. Lallie Kemp Regional Hospital 618 So. 2d 1008 La. Ct. App. 1st Cir. 1993
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Stockle v. Zimmer, USA, Inc.
610 So. 2d 132
La. Ct. App. 4th Cir. 1993
Plaintiffs' reliance upon cases such as Joiner v. Diamond M. Drilling Co., 688 F.2d 256 (5th Cir.1982); Billiot v. American Hospital Supply Corp. 721 F.2d 512 (5th Cir.1983); (La.
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Elliott v. Robinson
612 So. 2d 996
La. Ct. App. 2d Cir. 1993
of La., Howell v. Iacona, supra.
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Hayes v. Travelers Ins. Co.
609 So. 2d 1084
La. Ct. App. 2d Cir. 1992
writs denied, , 1124 (La.1990).
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Younger v. Marshall Industries, Inc.
607 So. 2d 1003
La. Ct. App. 1st Cir. 1992
is dispositive of the issues presented in this case.