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Cited by

Opinions in Louisiana that cite Lemire v. New Orleans Public Service, Inc., 458 So. 2d 1308.

111 citing documents.

  • Henry Pete v. Boland Marine and Manufacturing Company, LLC La. Ct. App. 4th Cir. 2023
  • Williams v. Fahrenholtz 990 So. 2d 99 La. Ct. App. 4th Cir. 2008
    Id., citing Lemire v. New Orleans Public Service, Inc.
  • State of Louisiana v. Clayton James Greene La. Ct. App. 3d Cir. 2007
    v. Connick, 94-3161, p. 6 (La.3/9/95), Vallo v. Gayle Oil Co., Inc., 94-1238, p. 8 (La.11/30/94), -65; Lemire v. New Orleans Public Service, Inc.
  • Mel McDaniel v. Carencro Lions Club La. Ct. App. 3d Cir. 2006
    However, in dicta, that a jury’s findings are inapplicable to the trial court in the reverse, i.e., that the trial court’s findings as to fault apportionment pertaining to the non-public bodies are inapplicable, so that a jury’s findings should be reviewed using the manifest error standard while disregarding the trial cou
  • McDaniel v. Carencro Lions Club 934 So. 2d 945 La. Ct. App. 3d Cir. 2006
    However, in dicta, we went on *955 that a jury's findings are inapplicable to the trial court in the reverse, i.e., that the trial court's findings as to fault apportionment pertaining to the non-public bodies are inapplicable, so that a jury's findings should be reviewed using the manifest error standard while disregarding the trial court's
  • Explained Tellis v. Lincoln Parish Police Jury 916 So. 2d 1248 La. Ct. App. 2d Cir. 2005
    and the court’s general discussion of the problem of reconciliation in dicta in Lemire v. New Orleans Public Service, Inc., and Powell v. Regional Transit Authority, 96-715 (La.6/18/97), .
  • CITY OF BROUSSARD VERSUS MICHAEL WATKINS/dba Michael's International La. Ct. App. 3d Cir. 2004
    This court has often cited Lemire v. New Orleans Public Service, Inc., as authority when not confronting claims of unconstitutionality where the claim is not the basis for this Court granting of the writ and the issue was not specifically pled in the trial court.
  • City of Broussard v. Watkins 869 So. 2d 962 La. Ct. App. 1st Cir. 2004
    This court has often cited Lemire v. New Orleans Public Service, Inc., as authority when not confronting claims of unconstitutionality where the claim is not the basis for this Court granting of the writ and the issue was not specifically pled in the trial court.
  • Davis v. Witt 851 So. 2d 1119 La. 2003
  • Huber v. Midkiff 838 So. 2d 771 La. 2003
    In Lemire v. New Orleans Public Service, Inc., this Court declined to consider the constitutional challenge of whether LSA-C.C.P.
  • Lanthier v. Family Dollar Store 836 So. 2d 5 La. 2002
  • Davis v. Witt 831 So. 2d 1075 La. Ct. App. 3d Cir. 2002
    However, the Sheriff's Office argues that the above rule announced in Edwards is "contrary to [s]upreme [c]ourt authority [] and is in conflict with other circuits."
  • Ostarly v. ZONING APPEALS BD. OF JEFFERSON 830 So. 2d 542 La. Ct. App. 5th Cir. 2002
    art. 1880; , (La.1993); Lemire v. New Orleans Public Service, Inc., Facio v. Glaviano, 95-35, (La.App.
  • State v. Williams 830 So. 2d 984 La. 2002
    This court has often cited Lemire v. New Orleans Public Service, Inc., as authority when not confronting claims of unconstitutionality where the claim is not the basis for this Court granting of the writ and the issue was not specifically pled in the trial court.
  • State v. Schoening 770 So. 2d 762 La. 2000
    v. Connick, 94-3161, p. 6 (La.3/9/95), ; Vallo v. Gayle Oil Co., Inc., 94-1238, p. 8 (La.11/30/94), -65 ; Lemire v. New Orleans Public Service, Inc.
  • Istre v. Meche 770 So. 2d 776 La. 2000
  • Nicholas v. Allstate Ins. Co. 765 So. 2d 1017 La. 2000
    Vallo v. Gayle Oil Co., 94-1238 (La.11/30/94), (noting that the requirements of Lemire v. New Orleans Public Serv., Inc., "that the constitutionality of a statute must first be questioned in the trial court and that the plea of unconstitutionality must be specifically pled to be considered by the trial court").
  • State ex rel. T.M.H. 748 So. 2d 1216 La. Ct. App. 1st Cir. 1999
    5th Cir.1991), writ denied and , citing Lemire v. New Orleans Public Service, Inc.
  • Edwards v. Daugherty 729 So. 2d 1112 La. Ct. App. 3d Cir. 1999
  • Williams v. Jackson Parish Hosp. 729 So. 2d 620 La. Ct. App. 2d Cir. 1999
    Lemire v. New Orleans Public Service, Inc., Vallo, supra; Johnson, supra .
  • Wyatt v. Red Stick Services, Inc. 711 So. 2d 745 La. Ct. App. 3d Cir. 1998
    In Lemire v. New Orleans Public Service, Inc., the supreme court stated in dicta that the trial court could reconcile inconsistent decisions on a motion for JNOV or new trial.
  • Konneker v. Sewerage & Water Bd. 703 So. 2d 1341 La. Ct. App. 4th Cir. 1997
    See McKinley v. Ballard, 94-1766 (La.9/16/94), ; cf., Lemire v. New Orleans Public Service, Inc.
  • Powell v. Regional Transit Authority 695 So. 2d 1326 La. 1997
    Serv., Inc., this court, citing Champagne , stated in dicta that the trial judge could reconcile inconsistent decisions on a motion for JNOV or for new trial.
  • Wilson v. City of New Orleans 693 So. 2d 344 La. Ct. App. 4th Cir. 1997
    Lemire v. New Orleans Public Service, Inc., Travers-Wakeford v. St.
  • Levron v. State 673 So. 2d 279 La. Ct. App. 4th Cir. 1996
    The Court's ruling was in Lemire v. New Orleans Public Serv., Inc.
  • Couvillion v. Shelter Mut. Ins. Co. 672 So. 2d 277 La. Ct. App. 1st Cir. 1996
    (LaApp 2 Cir1987) Harrison v. Keller , (LaApp 4 Cir1988), Devereaux [ Devereux ] v. Allstate Insurance Co. (LaApp 2 Cir1990), Haney v. Francewar (LaApp 1 Cir1991) and Blair v. Tynes (La1993); and Louisiana appellate decisions dealing with comparative negligence including Lemire v. New Orleans Public Service, Inc. (La1984), Varnado v. Continental Insurance Company (LaApp 1 Cir1984) and Perez v. State D.O.T.D.
  • Guillie v. Marine Towing, Inc. 670 So. 2d 1298 La. Ct. App. 5th Cir. 1996
  • Williams v. State, Dept. of Health & Hospitals 671 So. 2d 899 La. 1996
    Lemire v. New Orleans Public Service, Inc., Vallo, supra; Johnson, supra.
  • Cavalier v. Cain's Hydrostatic Testing, Inc. 657 So. 2d 975 La. 1995
    Serv., Inc., this court cited 1983 Revision Comment (b) to Article 1812C and noted that "the apparent intent is that the court in such circumstances is required to submit the questions."
  • Facio v. Glaviano 658 So. 2d 33 La. Ct. App. 5th Cir. 1995
  • Rhodes v. STATE THROUGH DEPT. OF TRANSP. & DEV. 656 So. 2d 650 La. Ct. App. 1st Cir. 1995
    Lemire v. New Orleans Public Service, Inc., (La.App.
  • Rhodes v. State ex rel. Department of Transportation & Development 656 So. 2d 650 La. Ct. App. 1st Cir. 1995
    Lemire v. New Orleans Public Service, Inc., (La.App.
  • Veazey v. Elmwood Plantation Associates, Ltd. 650 So. 2d 712 La. 1995
    Art. 1812(C), we held in Lemire v. New Orleans Public Service, Inc., that "[w]hile La.C.C.P.
  • Hasha v. Calcasieu Parish Police Jury 651 So. 2d 865 La. Ct. App. 3d Cir. 1995
    As exhibited in the litigants' stipulation at trial, the jury's allocation of 50% fault to the Police Jury, a method approved by the Louisiana Supreme Court in Lemire v. New Orleans Public Service, Inc., was not binding on the trial judge.
  • Natchitoches Parish Hosp. Dist. v. Rachal 649 So. 2d 1152 La. Ct. App. 3d Cir. 1995
    3rd Cir. 1986); LeMire v. New Orleans Public Service, Inc., (La.App.
  • Ayers v. Brazzell 648 So. 2d 406 La. Ct. App. 2d Cir. 1994
    2d Cir.1990); Lemire v. New Orleans Public Service, Inc., (La.App.
  • Vallo v. Gayle Oil Co., Inc. 646 So. 2d 859 La. 1994
    (emphasis added) Citing Lemire v. New Orleans Public Service, Inc., defendants *863 assert that the constitutionality of this statute cannot be considered because the unconstitutionality of the statute was not specifically pled and the attorney general was not served or made a party.
  • Randolph v. General Motors Corp. 646 So. 2d 1019 La. Ct. App. 1st Cir. 1994
    See also, Lemire v. New Orleans Public Service, Inc.
  • Delery v. Prudential Ins. Co. of America 643 So. 2d 807 La. Ct. App. 4th Cir. 1994
    In Lemire v. New Orleans Public Service, Inc., the Supreme Court recognized that with the adoption of a comparative fault scheme, the fault or non fault of all persons was relevant to the determination of damages to which a plaintiff was entitled.
  • Chambers v. Graybiel 639 So. 2d 361 La. Ct. App. 2d Cir. 1994
  • Albarado v. City of Lafayette 640 So. 2d 469 La. Ct. App. 1st Cir. 1994
    art. 1880; Lemire v. New Orleans Public Service, Inc.
  • Beoh v. Watkins 635 So. 2d 424 La. Ct. App. 4th Cir. 1994
    art. 1812(C); Lemire v. New Orleans Public Service, Inc., -10 (La.1984).
  • Hillman v. Akins 631 So. 2d 1 La. 1994
    Lemire v. New Orleans Public Service, Inc.
  • Pino v. Gauthier 633 So. 2d 638 La. Ct. App. 1st Cir. 1993
    As the Supreme Court stated in Lemire v. New Orleans Public Service, Inc., : La.C.C.P.
  • Johnson v. Department of Public Safety 627 So. 2d 732 La. Ct. App. 2d Cir. 1993
    Lemire v. New Orleans Public Service, Inc.
  • Rogers v. Synthes, Ltd. 626 So. 2d 775 La. Ct. App. 2d Cir. 1993
  • Carr v. City of New Orleans 626 So. 2d 374 La. Ct. App. 4th Cir. 1993
    Plaintiffs cite the reasoning in Lemire v. New Orleans Public Service, Inc., in support of their argument.
  • Chamberlain v. State, Through DOTD 624 So. 2d 874 La. 1993
    DOTD's argument regarding plaintiffs' failure to join the attorney general as an indispensable party is premised on language to that effect in Lemire v. New Orleans Public Service, Inc., (La.
  • Carter v. Connick 623 So. 2d 670 La. Ct. App. 1st Cir. 1993
    In Lemire v. New Orleans Public Service, Inc., the court held that the appellant could not assert for the first time on appeal that a statute was unconstitutional where the plea of unconstitutionality was not specially pleaded, and the attorney general was not served.
  • Injury Hotline v. Houck 621 So. 2d 127 La. Ct. App. 2d Cir. 1993