Cited by
Opinions in Louisiana that cite Watson v. State Farm Fire and Cas. Ins. Co., 469 So. 2d 967.
- Trahan v. State, Dept. of Transp. & Dev. 536 So. 2d 1269 La. Ct. App. 3d Cir. 1988
- Ingram v. Caterpillar MacHinery Corp. 535 So. 2d 723 La. 1988
- Foster v. Richland Parish General Hospital 535 So. 2d 1202 La. Ct. App. 2d Cir. 1988
- Bettis v. Price 536 So. 2d 523 La. Ct. App. 1st Cir. 1988
-
Bernard v. Casualty Reciprocal Exchange
534 So. 2d 1348
La. Ct. App. 5th Cir. 1988
Co., offered guidelines in apportioning fault under the doctrine of comparative negligence.
- Davis v. Winn-Dixie Louisiana, Inc. 534 So. 2d 150 La. Ct. App. 1st Cir. 1988
-
Briggs v. Hartford Ins. Co.
532 So. 2d 1154
La. 1988
we find plaintiff to be 70% at fault for the accident.
- Chandler v. Jones 532 So. 2d 402 La. Ct. App. 3d Cir. 1988
-
Gardner v. Campbell
532 So. 2d 292
La. Ct. App. 3d Cir. 1988
the Louisiana Supreme Court, commenting on allocation of fault, stated: "In assessing the nature of the conduct of the parties, various factors may influence the degree of fault assigned, including: (1) whether the conduct resulted from inadvertence or involved an awareness of the danger, (2) how great a ri
-
Highlands Ins. Co. v. Missouri Pacific RR Co.
532 So. 2d 317
La. Ct. App. 3d Cir. 1988
Co., assessed 35% fault each to MOPAC and DOTD, and 30% fault to Lee.
- Johnson v. Kansas City Southern Ry. Co. 531 So. 2d 773 La. Ct. App. 3d Cir. 1988
-
K-Oil Rental & Supply, Inc. v. Town of Gueydan
535 So. 2d 427
La. Ct. App. 1st Cir. 1988
After considering the factors set forth in Watson vs. State Farm Fire and Casualty Insurance Co., the Court finds the plaintiff, Robert Burke, Jr., to be 60% liable and the defendant, Town of Gueydan[,] 40% liable.” The plaintiff argues that the trial court’s ultimate factual conclusion finding him negligent for failing to see the trash truck’s left turn signal and that he was traveling at an excessive
-
Ashline v. Simon
528 So. 2d 1076
La. Ct. App. 1st Cir. 1988
Co., in which the Supreme Court of Louisiana reversed a jury’s findings only after concluding that the decision was clearly wrong.
-
Landry v. State Farm Ins. Co.
529 So. 2d 417
La. Ct. App. 1st Cir. 1988
the court looked to the Uniform Comparative Fault Act, 2(b) and Comment (as revised in 1979) for guidelines in apportioning comparative fault.
-
Cascio v. City of Monroe
530 So. 2d 1170
La. Ct. App. 2d Cir. 1988
Aided by the trial court's thoughtful analysis of the Watson v. State Farm Fire & Casualty Insurance Company, factors in apportioning fault, we find plaintiff's comparative fault to be 20% rather than 40% and amend the judgment to increase the awards to her and her former husband accordingly.
-
Mohr v. State Farm Ins. Co.
528 So. 2d 144
La. 1988
Co., holds that a jury's determination of comparative fault should not be affirmed merely because it has a reasonable basis.
-
CLEMENT III v. Armoniet
527 So. 2d 1004
La. Ct. App. 5th Cir. 1988
Co., -74 (La.1985), stating: We now turn to determine whether the percentage of fault allocated by the jury to the tenant-victim (75 percent) was manifestly erroneous.
-
Seaberry v. Smith
527 So. 2d 1011
La. Ct. App. 1st Cir. 1988
Co., the Supreme Court cited the following provision of the Uniform Comparative Fault Act (2)(B) for guidelines in apportioning comparative fault: In determining the percentages of fault, the trier of fact shall consider both the nature of the conduct of each party at fault and the extent of the causal relation
- CAJUN ELEC. POWER CO-OP., INC. v. Owens-Corning Fiberglass Corp. 528 So. 2d 716 La. Ct. App. 5th Cir. 1988
- Cypress Oilfield Contr. v. McGoldrick Oil 525 So. 2d 1157 La. Ct. App. 3d Cir. 1988
- Meshell v. Shamsie 528 So. 2d 1023 La. Ct. App. 3d Cir. 1988
- Mergen v. Piper Aircraft Corp. 524 So. 2d 1348 La. Ct. App. 1st Cir. 1988
-
Raymond v. Safeway Stores, Inc.
522 So. 2d 1350
La. Ct. App. 2d Cir. 1988
P. art. 2164; Watson v. State Farm Fire & Cas.
- Snyder v. Taylor 523 So. 2d 1348 La. Ct. App. 2d Cir. 1988
- Daugherty v. Cas. Reciprocal Exch. Ins. 522 So. 2d 1323 La. Ct. App. 2d Cir. 1988
-
Briggs v. Hartford Ins. Co.
517 So. 2d 1173
La. Ct. App. 3d Cir. 1988
we find Briggs free from fault.
-
Adamson v. City of Lafayette
521 So. 2d 1258
La. Ct. App. 3d Cir. 1988
Co., our Supreme Court offered direction to us in the apportionment of fault under a comparative fault system: "`In determining the percentages of fault, the trier of fact should consider both the nature of the conduct of each party at fault and the extent of the causal relation between the conduct and the damag
-
Howard v. Allstate Ins. Co.
520 So. 2d 715
La. 1988
to the Uniform Comparative Fault Act, Section 2(b), which provides: In determining the percentages of fault, the trier of fact shall consider both the nature of the conduct of each party at fault and the extent of the causal relation between the conduct and the damages claimed.
- Murray v. Ramada Inns, Inc. 521 So. 2d 1123 La. 1988
- Ladner v. Firemen's Ins. Co. of Newark 519 So. 2d 1198 La. Ct. App. 2d Cir. 1988
- Thompson v. Colony Ins. Co. 520 So. 2d 1158 La. Ct. App. 3d Cir. 1987
-
Ehlinger v. Louisiana Department of Transportation & Development
517 So. 2d 1136
La. Ct. App. 1st Cir. 1987
Co., the Louisiana Supreme Court set forth guidelines to be applied to the lower courts in apportioning fault.
-
Linton v. City of Baton Rouge
517 So. 2d 199
La. Ct. App. 1st Cir. 1987
The second factor can be determined by application of the guidelines set out in Watson v. State Farm Fire & Casualty Insurance Co.
-
Douget v. Allen Parish Police Jury
520 So. 2d 813
La. Ct. App. 3d Cir. 1987
Watson v. State Farm Fire & Casualty Insurance Co.
- Francis v. Evelyn Constantine & State Farm Insurance Co. 520 So. 2d 826 La. Ct. App. 1st Cir. 1987
- Cashio v. DEPT. OF TRANSP. & DEVELOPMENT 518 So. 2d 1063 La. Ct. App. 1st Cir. 1987
-
Irving v. State Farm Mutual Automobile Insurance Co.
517 So. 2d 868
La. Ct. App. 1st Cir. 1987
the Louisiana Supreme Court listed the following factors which should be considered by a court in determining the degree of fault assigned to each negligent party under La.C.C.
- Harper v. State Farm Mutual Automobile Insurance Co. 511 So. 2d 1283 La. Ct. App. 2d Cir. 1987
- Harper v. STATE FARM MUT. AUTO. INS. CO. 511 So. 2d 1283 La. Ct. App. 2d Cir. 1987
-
Vallere v. Nicor Exploration Company
512 So. 2d 514
La. Ct. App. 3d Cir. 1987
The Louisiana Supreme Court in Watson v. State Farm Fire & Casualty Insurance Co., noting the absence of standards in the Civil Code for apportioning fault, used Watson as an opportunity to establish guidelines.
- Cheramie v. Brunet 510 So. 2d 700 La. Ct. App. 1st Cir. 1987
-
Howard v. Allstate Ins. Co.
510 So. 2d 685
La. Ct. App. 4th Cir. 1987
to the Uniform Comparative Fault Act, Section 2(b) which provides: In determining the percentages of fault, the trier of fact shall consider both the nature of the conduct of each party at fault and the extent of the causal relation between the conduct and the damages claimed.
- Anderson v. Fowler Trucking, Inc. 506 So. 2d 1319 La. Ct. App. 2d Cir. 1987
- Mart v. Hill 505 So. 2d 1120 La. 1987
-
Kyle v. City of Bogalusa
506 So. 2d 719
La. Ct. App. 1st Cir. 1987
the factors to consider in making this determination include: (1) whether the conduct resulted from inadvertence or involved an awareness of the danger, (2) how great a risk was created by the conduct, (3) the significance of what was sought by the conduct, (4) the capacities of the actor, whether supe
-
Barbin on Behalf of Barbin v. State
506 So. 2d 888
La. Ct. App. 1st Cir. 1987
(quoting section 2[b] of the Uniform Comparative Fault Act).
-
Hill v. Lamulle
506 So. 2d 690
La. Ct. App. 5th Cir. 1987
Co., as follows: a finding of fact by a trial court should be upheld `unless it is clearly wrong' ...
-
Townley v. Manuel
509 So. 2d 515
La. Ct. App. 3d Cir. 1987
we conclude that Manuel was 60% at fault and Townley was 40% at fault.
-
Temple v. Shannon
505 So. 2d 798
La. Ct. App. 2d Cir. 1987
Co., to support its conclusion.
-
Robinson v. Hardy
505 So. 2d 767
La. Ct. App. 2d Cir. 1987
Thus, in a somewhat similar situation, to determine whether damages should be reduced in situations such as here presented.