DocketDrift

Real-time tracking of state judicial trends.

Explore

Outcomes

Public record · Human review · No verdicts asserted

Cited by

Opinions in Louisiana that cite Watson v. State Farm Fire and Cas. Ins. Co., 469 So. 2d 967.

999 citing documents.

  • Forest v. Hiller 879 So. 2d 846 La. Ct. App. 1st Cir. 2004
  • Musacchia v. Hilton New Orleans Corp. 876 So. 2d 901 La. Ct. App. 1st Cir. 2004
  • Petranick v. White Consolidated Industries 870 So. 2d 1164 La. Ct. App. 5th Cir. 2004
  • Toston v. Pardon 874 So. 2d 791 La. 2004
    Co., this court stated as follows: 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.
  • McCormick v. Allstate Insurance Co. 870 So. 2d 547 La. Ct. App. 1st Cir. 2004
    the Louisiana Supreme Court provided the following five factors for trial courts’ consideration in allocating percentages of fault among parties to a suit: 1) whether the conduct resulted from inadvertence or involves an awareness of danger; 2) how great a risk was created by the conduct; 3) the signif
  • Howard McCormick, Indiv. v. Allstate Ins. Co. and Amy Romero La. Ct. App. 3d Cir. 2004
    the Louisiana Supreme Court provided the following five factors for trial courts’ consideration in allocating percentages of fault among parties to a suit: 1) whether the conduct resulted from inadvertence or involves an awareness of danger; 2) how great a risk was created by the condu
  • Celia Ann Marks v. Ohmeda, Inc. La. Ct. App. 3d Cir. 2004
  • Marks v. Ohmeda, Inc. 871 So. 2d 1148 La. Ct. App. 3d Cir. 2004
  • Scramuzza v. River Oaks Inc. 871 So. 2d 522 La. Ct. App. 5th Cir. 2004
  • LeRay v. Bartholomew 871 So. 2d 492 La. Ct. App. 5th Cir. 2004
    Co., the Supreme Court explained: 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.
  • Thomas v. SISTERS OF CHARITY OF INCAR. WORD 870 So. 2d 390 La. Ct. App. 2d Cir. 2004
    [4] the trier of fact will compare the relative fault of the parties in the assessment of liability.
  • Rizzuto v. State ex rel. Department of Transportation & Development 870 So. 2d 1034 La. Ct. App. 1st Cir. 2004
  • Craige v. Broome 869 So. 2d 242 La. Ct. App. 4th Cir. 2004
    Co., Arceneaux, supra at 1333 .
  • Johnson v. Melton 867 So. 2d 804 La. Ct. App. 4th Cir. 2004
    Co., Arceneaux, supra at 1333 .
  • Turner v. Lyons 867 So. 2d 13 La. Ct. App. 4th Cir. 2004
  • Moore v. Kenilworth/Kailas Properties 865 So. 2d 884 La. Ct. App. 1st Cir. 2004
    Co., where our Supreme Court has held that which may influence the apportionment of fault assigned by a trier of fact.
  • Thonn v. Cook 863 So. 2d 628 La. Ct. App. 4th Cir. 2003
  • Cheairs v. State Ex Rel. DOTD 861 So. 2d 536 La. 2003
    Furthermore, the court of appeal was correct in applying the Watson [ v. State Farm Fire & Casualty Insurance Co., (La.
  • Doran v. Lafayette Insurance Co. 862 So. 2d 204 La. Ct. App. 1st Cir. 2003
    Co., the court held that the standard of appellate review in comparative fault determinations is the same as that for other factual matters, i.e. the manifest error rule.
  • Slagel v. Roberson 858 So. 2d 1288 La. Ct. App. 2d Cir. 2003
    Co., the trier of fact will compare the relative fault of the parties in the assessment of liability.
  • JCM Const. Co., Inc. v. Orleans Parish School Bd. 860 So. 2d 610 La. Ct. App. 4th Cir. 2003
  • Misewicz v. Gamso 860 So. 2d 119 La. Ct. App. 4th Cir. 2003
    is the seminal case in Louisiana on allocation of fault.
  • Neloms v. Empire Fire & Marine Ins. Co. 859 So. 2d 225 La. Ct. App. 2d Cir. 2003
  • Richardson v. Aldridge 854 So. 2d 923 La. Ct. App. 2d Cir. 2003
  • Bonin v. Ferrellgas, Inc. 855 So. 2d 781 La. Ct. App. 3d Cir. 2003
  • Coffey v. Mushatt 859 So. 2d 727 La. Ct. App. 1st Cir. 2003
    Co., Arceneaux, supra at 1333 .
  • Dorvilier v. Gagliano 855 So. 2d 393 La. Ct. App. 4th Cir. 2003
    Co., ), which states: 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 risk was created by the conduct, (3) the significance o
  • Darby v. Brookshire Grocery Co. 851 So. 2d 358 La. Ct. App. 2d Cir. 2003
    Co., the supreme court listed five factors which may influence the degree of fault assigned to each party: (1) whether the conduct resulted from inadvertence or involved an awareness of danger; (2) how great a risk the conduct created; (3) the significance of what the actors sought by the conduct; (4) the capaci
  • Gravley v. State Farm Insurance Co. 852 So. 2d 534 La. Ct. App. 1st Cir. 2003
    Further, the Petre court analyzed the allocation of fault on a traditional manifest error/clearly wrong standard of review that included consideration of the factors set out in Watson v. State Farm Fire & Casualty Co.
  • Estate of Hickerson v. Zimmerman 853 So. 2d 55 La. Ct. App. 1st Cir. 2003
  • Chisholm v. Clarendon Nat. Ins. Co. 850 So. 2d 1070 La. Ct. App. 2d Cir. 2003
    Co., to apportion fault.
  • Hall v. Brookshire Bros., Ltd. 848 So. 2d 559 La. 2003
    was beneficial to plaintiffs in that it increased the probability that they would be compensated, at least in part, for their injuries.")
  • Hayes v. Entergy Corp. 850 So. 2d 916 La. Ct. App. 2d Cir. 2003
  • Novosyolova v. Stephens 850 So. 2d 29 La. Ct. App. 4th Cir. 2003
    Co., Arceneaux, supra at 1333 .
  • Woodbury v. DEPT. OF TRANSP. AND DEVELOPMENT 848 So. 2d 104 La. Ct. App. 5th Cir. 2003
  • Ward Chevrolet Olds, Inc. v. State Farm Automobile Casualty Insurance Co. 843 So. 2d 601 La. Ct. App. 2d Cir. 2003
  • Hutchins v. Liberty Mut. Ins. Co. 844 So. 2d 168 La. Ct. App. 5th Cir. 2003
  • S.S. v. State ex rel. Department of Social Services 846 So. 2d 871 La. Ct. App. 1st Cir. 2003
  • Morris v. Flores 840 So. 2d 1257 La. Ct. App. 2d Cir. 2003
    Co., McCullin v. U.S. Agencies Casualty Ins.
  • Joseph v. City of New Orleans 842 So. 2d 420 La. Ct. App. 4th Cir. 2003
    Co., to wit: (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) whether the capacities of the actors were superior or inferior; (5) whether any extenuating cir
  • Lavergne v. America's Pizza Company, LLC 838 So. 2d 845 La. Ct. App. 3d Cir. 2003
  • Costa v. Boyd 836 So. 2d 1265 La. Ct. App. 2d Cir. 2003
    Co., the supreme court provided guidelines for determining degrees of fault: 12?Iu 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.
  • Kirklin v. Joseph 839 So. 2d 405 La. Ct. App. 1st Cir. 2003
    Co., Arceneaux, supra at 1333 .
  • Duzon v. Stallworth 866 So. 2d 837 La. Ct. App. 1st Cir. 2003
  • Irsch v. Argonaut Great Cent. Ins. Co. 841 So. 2d 831 La. Ct. App. 5th Cir. 2003
  • Bujol v. Entergy Services, Inc. 833 So. 2d 947 La. Ct. App. 1st Cir. 2003
  • Bassett v. Toys" R" US Delaware, Inc. 836 So. 2d 465 La. Ct. App. 2d Cir. 2002
    the Louisiana Supreme Court set forth the following factors for comparing the fault 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 sought by the conduct; (4) the capa
  • Ashmore v. Hilton 834 So. 2d 1131 La. Ct. App. 3d Cir. 2002
    Co., : 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 risk was created by the conduct, (3) the significance of what was soug
  • Mills v. Jaume 836 So. 2d 282 La. Ct. App. 5th Cir. 2002
    Co., (1985); Joseph , at p. 23, 772 So.2d at 103 .
  • Hall v. Brookshire Bros., Ltd. 831 So. 2d 1010 La. Ct. App. 3d Cir. 2002
    In Watson v. State Farm Fire & Casualty Insurance Co., the supreme court listed the following factors to be considered in assessing the conduct of all parties: (1) whether the conduct resulted from inadvertence or from an awareness of danger; (2) the magnitude of the risk created by the conduct; (3) the significance of what was sought by the conduct; (4) the ca