Cited by
Opinions in Louisiana that cite Watson v. State Farm Fire and Cas. Ins. Co., 469 So. 2d 967.
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Chatelain v. PROJECT SQUARE
505 So. 2d 177
La. Ct. App. 4th Cir. 1987
the Supreme Court offered guidelines for apportioning fault and noted Section 2(b) of the Uniform Comparative Fault Act which provides that the trier of fact consider both the nature of the conduct of each party at fault and the causal relationship between the conduct and the damages claimed.
- LeBlanc v. Barras 504 So. 2d 180 La. Ct. App. 1st Cir. 1987
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Prejean v. Commonwealth for Community Change, Inc.
503 So. 2d 661
La. Ct. App. 3d Cir. 1987
*665 Watson v. State Farm Fire & Casualty Insurance Company, (La.
- US Fire Ins. v. W. Monroe Charter Service 504 So. 2d 93 La. Ct. App. 2d Cir. 1987
- Brownell v. Dietz Motor Lines 503 So. 2d 1069 La. Ct. App. 2d Cir. 1987
- Ledbetter v. State, Dept. of Transp. & Dev. 502 So. 2d 1383 La. 1987
- Gordon v. Commercial Union Insurance Company 503 So. 2d 190 La. Ct. App. 4th Cir. 1987
- Hammer v. Combre 503 So. 2d 624 La. Ct. App. 4th Cir. 1987
- Dooley v. Wright 501 So. 2d 980 La. Ct. App. 2d Cir. 1987
- Snyder v. Bergeron 501 So. 2d 291 La. Ct. App. 1st Cir. 1986
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Pringle v. Gassiott
499 So. 2d 738
La. Ct. App. 1st Cir. 1986
Watson v. State Farm Fire & Casualty Insurance Co.
- Chaisson v. Daigle 499 So. 2d 675 La. Ct. App. 1st Cir. 1986
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Gallagher v. Favrot
499 So. 2d 1205
La. Ct. App. 5th Cir. 1986
Co., -74 (La.1985) states: *1209 We recognize that a standard for determining percentages of fault has not been provided by the Legislature, and we are therefore presented with an opportunity to offer guidelines as we apportion fault....
- Harris v. Pineset 499 So. 2d 499 La. Ct. App. 2d Cir. 1986
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Perret v. Webster
498 So. 2d 283
La. Ct. App. 4th Cir. 1986
rehearing denied June 27, 1985.
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Brown v. DSI Transports, Inc.
496 So. 2d 478
La. Ct. App. 1st Cir. 1986
Watson v. State Farm Fire & Casualty Insurance Co.
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Gadman v. State ex rel. Department of Transportation & Development
493 So. 2d 661
La. Ct. App. 2d Cir. 1986
Co., our Supreme Court offered guidance for apportioning 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 damages claimed.
- Davis v. Winningham Datsun-Volvo, Inc. 493 So. 2d 719 La. Ct. App. 2d Cir. 1986
- Gadman v. STATE, DEPT. OF TRANSP. & DEV. 493 So. 2d 661 La. Ct. App. 2d Cir. 1986
- Lee v. Great Southwest Fire Ins. Co. 493 So. 2d 789 La. Ct. App. 2d Cir. 1986
- Taylor v. Dixie Dandy 493 So. 2d 654 La. Ct. App. 2d Cir. 1986
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Mercer v. Fruehauf Corp.
492 So. 2d 538
La. Ct. App. 3d Cir. 1986
Watson v. State Farm Fire & Casualty Insurance Company
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Bivalacqua v. Aube
493 So. 2d 209
La. Ct. App. 5th Cir. 1986
Watson v. State Farm Fire & Casualty Insurance Company
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Keith v. Bearden
488 So. 2d 1071
La. Ct. App. 2d Cir. 1986
Quoting the Supreme Court's language in Watson v. State Farm Fire & Casualty Co., we noted that it is proper to 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."
- Trosclair v. Terrebonne Parish School Bd. 489 So. 2d 1293 La. Ct. App. 1st Cir. 1986
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Collins v. Sonnier
488 So. 2d 471
La. Ct. App. 1st Cir. 1986
Co., for consideration in the apportionment of 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 between the conduct and the damages claimed.
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Attales v. Shelter Mut. Ins. Co.
488 So. 2d 474
La. Ct. App. 3d Cir. 1986
Watson v. State Farm Fire & Casualty Insurance Co.
- McCoog v. Roberts 488 So. 2d 310 La. Ct. App. 1st Cir. 1986
- Garrett v. Celino 489 So. 2d 335 La. Ct. App. 4th Cir. 1986
- Riley v. Winn-Dixie Louisiana, Inc. 489 So. 2d 931 La. Ct. App. 5th Cir. 1986
- Prothro v. Dillahunty 488 So. 2d 1163 La. Ct. App. 2d Cir. 1986
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Ledbetter v. STATE, LA. DEPT. OF TRANSP. & DEV.
482 So. 2d 1035
La. Ct. App. 3d Cir. 1986
Our Supreme Court, at 974 (La.
- Rowell v. Carter Mobile Homes, Inc. 482 So. 2d 640 La. Ct. App. 1st Cir. 1986
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Motton v. Travelers Ins. Co.
484 So. 2d 816
La. Ct. App. 1st Cir. 1986
Co., the Supreme Court offered guidelines for apportioning fault under a system of 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 between the conduct and the damages claimed.
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Harper v. State Farm Mut. Auto. Ins. Co.
484 So. 2d 737
La. Ct. App. 1st Cir. 1986
See also Watson v. State Farm Fire and Casualty *739 Insurance Co., (La.
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Markey v. Howard
484 So. 2d 165
La. Ct. App. 1st Cir. 1986
Co., and found that the testimony and evidence do not substantiate the jury finding (a finding with which the trial judge evidently agreed) of any fault on the part of the plaintiff, Markey.
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Ledbetter v. State, Louisiana Department of Transportation & Development
482 So. 2d 1035
La. Ct. App. 1st Cir. 1986
Our Supreme Court, at 974 (La.
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Armand v. La. Power & Light Co.
482 So. 2d 802
La. Ct. App. 4th Cir. 1986
In assessing the nature of the conduct of the parties and determining the correct percentages of fault, I : (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 superior or inferior, and (5) any extenuating circumstances which
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John P. Harris, MD, Inc. v. Parmley
480 So. 2d 500
La. Ct. App. 5th Cir. 1985
Inc. Co., but here we cannot say the trial judge's findings of fact were clearly wrong.
- Kaplan v. Lloyds Ins. Co. 479 So. 2d 961 La. Ct. App. 3d Cir. 1985
- Pringle v. Williamson Chevrolet, Buick & Pontiac, Inc. 480 So. 2d 929 La. Ct. App. 2d Cir. 1985
- Stablier v. Big T Welding Supply Co. 479 So. 2d 418 La. Ct. App. 1st Cir. 1985
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Aymond v. Smith
476 So. 2d 1081
La. Ct. App. 3d Cir. 1985
and Watson v. State Farm Fire & Casualty Insurance Company
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Keys v. Box
476 So. 2d 1141
La. Ct. App. 3d Cir. 1985
Watson v. State Farm Fire & Casualty Insurance Company
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Veazey v. Parish of Avoyelles
476 So. 2d 1057
La. Ct. App. 3d Cir. 1985
our Supreme Court has set forth a number of guidelines for determining percentage of fault.
- Finley v. North Assur. Co. of America 476 So. 2d 837 La. Ct. App. 2d Cir. 1985
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Ebey v. Coggins
474 So. 2d 1352
La. Ct. App. 2d Cir. 1985
once an appellate court has determined that the trier of fact is clearly wrong, the appellate court is empowered by the provisions of LSA-C.C.P.
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Aguillard v. Langlois
471 So. 2d 1011
La. Ct. App. 1st Cir. 1985
In Watson v. State Farm Fire & Casualty Insurance Company, a case involving contributory negligence, the Court took advantage of the opportunity to offer guidelines for apportioning fault under 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 cau
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Lesniewski v. Fowler Trucking Co.
471 So. 2d 916
La. Ct. App. 2d Cir. 1985
Co., the Louisiana Supreme Court enumerated some of the factors to be considered in assessing the nature of the conduct of the parties: “(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 sou