Cited by
Opinions in Louisiana that cite Ross v. La Coste De Monterville, 502 So. 2d 1026.
- Anne Lowenburg, Judith Lowenburg, Wife of and Tom Lowenburg, Sarah Lowman, Jack Stolier, William B. Taylor, III, M.D. … La. Ct. App. 4th Cir. 2020
- Scott Ferguson v. Loewer Powersports & Equipment La. Ct. App. 3d Cir. 2010
- Ferguson v. LOEWER POWERSPORTS & EQUIPMENT 33 So. 3d 446 La. Ct. App. 1st Cir. 2010
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Shuff v. Brookshire Grocery Co.
32 So. 3d 1030
La. Ct. App. 2d Cir. 2010
Cf., (where plaintiff proved his case under Louisiana’s former strict liability for the collapse of defendant’s ladder which contained an undetectable structural defect).
- Morella v. Board of Commissioners 888 So. 2d 321 La. Ct. App. 1st Cir. 2004
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Pamplin v. Bossier Parish Community College
878 So. 2d 889
La. Ct. App. 2d Cir. 2004
This concept was further reviewed in a and the court held: [W]e conclude that an owner of a thing who transfers its possession, but not its ownership to another, continues to have the garde of its structure and is obliged to protect others from damage caused by structural defects arising before the transfer.
- Myers v. Dronet 801 So. 2d 1097 La. Ct. App. 3d Cir. 2001
- Melerine v. State 773 So. 2d 831 La. Ct. App. 4th Cir. 2001
- Dupree v. City of New Orleans 765 So. 2d 1002 La. 2000
- Strouse v. M & M PROPERTIES 753 So. 2d 434 La. Ct. App. 2d Cir. 2000
- Sutherland v. Hibernia Corp. 746 So. 2d 294 La. Ct. App. 1st Cir. 1999
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Chaplain v. AMERICAN EMPIRE SURPLUS LINES
731 So. 2d 973
La. Ct. App. 4th Cir. 1999
Id., pp. 7-8, 675 So.2d at 797 ().
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Alford v. Home Ins. Co.
701 So. 2d 1375
La. Ct. App. 1st Cir. 1997
[2] our Supreme Court analyzed the issue of whether the owner of a defective thing, who gratuitously lends the thing to a borrower, continues to have custody for purposes of imposing strict liability.
- McKey v. General Motors Corp. 691 So. 2d 164 La. Ct. App. 1st Cir. 1997
- Warren v. Campagna 686 So. 2d 969 La. Ct. App. 4th Cir. 1996
- Mix v. Krewe of Petronius 675 So. 2d 792 La. Ct. App. 4th Cir. 1996
- White v. Louviere 664 So. 2d 603 La. Ct. App. 3d Cir. 1995
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Craft v. Allstate Ins. Co.
663 So. 2d 116
La. Ct. App. 3d Cir. 1995
(defective ladder); (removal of a safety device); (owner of vehicle with defective brakes).
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Touchet v. Estate of Bass
653 So. 2d 83
La. Ct. App. 3d Cir. 1995
as cited in Ellison v. Associated Oilfield Services, Inc., 950 F.2d 1196 (5th Cir.1992).
- Rich v. Tench Elec. Motor Works, Inc. 642 So. 2d 293 La. Ct. App. 2d Cir. 1994
- Buffinet v. Plaquemines Parish Com'n 645 So. 2d 631 La. Ct. App. 4th Cir. 1994
- DeRouen v. Audirsch 639 So. 2d 476 La. Ct. App. 2d Cir. 1994
- Myers v. Burger King Corp. 638 So. 2d 369 La. Ct. App. 4th Cir. 1994
- Sanders v. Posi-Seal Intern. 635 So. 2d 760 La. Ct. App. 1st Cir. 1994
- Faul v. Bank of Sunset & Trust Co. 635 So. 2d 573 La. Ct. App. 3d Cir. 1994
- Guillory v. Foster 634 So. 2d 1372 La. Ct. App. 3d Cir. 1994
- Guilfore v. DH Holmes Co., Ltd. 631 So. 2d 491 La. Ct. App. 4th Cir. 1994
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Thomas v. Richard
624 So. 2d 962
La. Ct. App. 1st Cir. 1993
to be dispositive of this issue.
- Burton v. Housing Authority of New Orleans, Inc. 623 So. 2d 243 La. Ct. App. 1st Cir. 1993
- Francis v. American Well Serv. & Drilling, Inc. 617 So. 2d 1329 La. Ct. App. 3d Cir. 1993
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Thumfart v. Lombard
613 So. 2d 286
La. Ct. App. 4th Cir. 1993
Doughty, supra at 463 , 464 ( , 497 n. 5 (La.
- Bertini v. Turncliff 607 So. 2d 813 La. Ct. App. 1st Cir. 1992
- Smith v. State Through Dept. of Public Safety 620 So. 2d 1172 La. Ct. App. 1st Cir. 1992
- Spott v. Otis Elevator Co. 601 So. 2d 1355 La. 1992
- Rivet v. LeBlanc 600 So. 2d 1358 La. Ct. App. 1st Cir. 1992
- Coleman v. Otis Elevator Co. 582 So. 2d 341 La. Ct. App. 4th Cir. 1991
- Doughty v. Insured Lloyds Ins. Co. 576 So. 2d 461 La. 1991
- Hopkins v. Travasos 569 So. 2d 1056 La. Ct. App. 3d Cir. 1990
- Doughty v. Insured Lloyds Insurance Co. 563 So. 2d 1233 La. Ct. App. 1st Cir. 1990
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Jones v. Gillen
564 So. 2d 1274
La. Ct. App. 5th Cir. 1990
Plaintiff argues that strict liability applies because under Article 2317 strict liability can be imposed upon one who has either physical custody of an unreasonably dangerous thing or upon one who avails himself of an unreasonably dangerous thing
- Manuel v. Odeco, Inc. 563 So. 2d 1179 La. Ct. App. 1st Cir. 1990
- Socorro v. Orleans Levee Bd. 561 So. 2d 739 La. Ct. App. 4th Cir. 1990
- Sistler v. Liberty Mut. Ins. Co. 558 So. 2d 1106 La. 1990
- Breeden v. Valencia, Inc. 557 So. 2d 302 La. Ct. App. 4th Cir. 1990
- King v. Louviere 543 So. 2d 1327 La. 1989
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Steers v. International Paper Co.
540 So. 2d 1236
La. Ct. App. 1st Cir. 1989
Ross v. La Coste de Monterville
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Schexnaider v. State Farm Insurance
541 So. 2d 223
La. Ct. App. 1st Cir. 1989
In finding strict liability, in which the Supreme Court held that the owner of a ladder gratuitously lent to the plaintiff was strictly liable when the ladder failed and injured the plaintiff, even though the owner did not know that the ladder was defective..
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Vath v. Alonzo
532 So. 2d 927
La. Ct. App. 1st Cir. 1988
Moreover, the court held that under this same article, the owner of a defective ladder was strictly liable for damages caused by that defect to a person who had borrowed the ladder.
- Clement v. State ex rel. Department of Transportation & Development 528 So. 2d 176 La. Ct. App. 1st Cir. 1988
- Lucas v. Deville 526 So. 2d 1264 La. Ct. App. 3d Cir. 1988