Cited by
Opinions in Louisiana that cite Rodriguez v. Traylor, 468 So. 2d 1186.
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Darlene Webber Versus Continental Casualty Company and Cristian P. Silva Law Office, LLC
La. Ct. App. 5th Cir. 2025
The Third Circuit Court of Appeal reversed, finding that, (La.
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Ela Ine Ewing Vs.
La. 2020
The court of appeal reversed, citing to this court ’s (holding “the wealth or poverty of a party to a lawsuit is not a proper consideration in the determination of compensatory damages.”) and Costello v. Hardy , 03 -1146 (La.
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Elaine Ewing v. Westport Insurance Corporation
La. Ct. App. 3d Cir. 2020
the supreme court overruled long-standing jurisprudence that the inability of a defendant to pay should be considered by the fact finder in determining the amount of compensation that should be awarded to a plaintiff.
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Pamelia Elmer Villa, Individually & O/B/O the Minor Child v. Geico Casualty Insurance Co.
La. Ct. App. 3d Cir. 2018
for the proposition that a defendant cannot argue the inability to pay as an excuse to avoid full accountability in a personal injury case.
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Villa v. Geico Cas. Ins. Co.
239 So. 3d 346
La. Ct. App. 1st Cir. 2018
Ms. Villa cites Rodriguez v. Traylor , for the proposition that a defendant cannot argue the inability to pay as an excuse to avoid full accountability in a personal injury case.
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Levy v. Lewis
219 So. 3d 1150
La. Ct. App. 1st Cir. 2017
which held “that the wealth or poverty of a party to a lawsuit is not a proper consider *1154 ation in the determination of compensatory damages.
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Wooley v. AMCARE HEALTH PLANS OF LOUISIANA, INC.
952 So. 2d 720
La. Ct. App. 1st Cir. 2007
Mosing v. Domas, XXXX-XXXX, pp. 10-12 (La.10/15/02), -79 ; -88 (La.1985).
- Sanders v. Sonitrol of New Orleans, Inc. 796 So. 2d 667 La. 2001
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Lacoste v. Crochet
751 So. 2d 998
La. Ct. App. 4th Cir. 2000
[5] The Supreme Court in Rodriguez v. Traylor, 85-C-0044, (La.
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Bienvenu v. Dudley
682 So. 2d 281
La. Ct. App. 1st Cir. 1996
While we would agree, (La.
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MacK v. Transport Insurance Company
577 So. 2d 112
La. Ct. App. 1st Cir. 1991
2d Cir.), writ denied, : Subsequently, that "...
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Clomon v. Monroe City School Bd.
572 So. 2d 571
La. 1991
App. 4th Cir.1984) rev'd on other grounds, (La.App.
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Brister v. Blue Cross & Blue Shield of Florida, Inc.
562 So. 2d 1040
La. Ct. App. 1st Cir. 1990
The doctrine embodied in the “inability to pay rule” see also, (La.App.
- Jones v. Lingenfelder 537 So. 2d 1275 La. Ct. App. 2d Cir. 1989
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Dickerson v. Jordan
514 So. 2d 719
La. Ct. App. 2d Cir. 1987
4th Cir.1984), rev’d on other grounds illustrates evidence sufficient to justify applying the presumption of negligence.
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Hutson v. Madison Parish Police Jury
496 So. 2d 360
La. Ct. App. 2d Cir. 1986
After trial and while this case was under advisement, which abolished the long standing jurisprudential defense of a defendant's inpecunious condition.
- Rodriguez v. Traylor 487 So. 2d 124 La. Ct. App. 1st Cir. 1986
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Friday v. Mutz
483 So. 2d 1269
La. Ct. App. 4th Cir. 1986
Although the Trial Judge was correct in considering the inability to pay doctrine, decided after the Trial Court's judgment, the Louisiana Supreme Court overruled the jurisprudentially established inability to pay doctrine.
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Marshall v. Beno Truck Equipment, Inc.
481 So. 2d 1022
La. Ct. App. 1st Cir. 1986
However, the Louisiana Supreme Court declared the "inability to pay"
- Szwedt v. State Farm Mut. Auto. Ins. Co. 479 So. 2d 453 La. Ct. App. 1st Cir. 1985
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Turner ex rel. Turner v. Rankins
479 So. 2d 404
La. Ct. App. 1st Cir. 1985
it was held that the quantum of damages may not be mitigated by inability to pay.
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Followed
Rodriguez v. Traylor
479 So. 2d 1
La. Ct. App. 1st Cir. 1985
Rodriguez v. Traylor, et al., , (La.1985).
- Hebert v. Domingue 473 So. 2d 120 La. Ct. App. 3d Cir. 1985