Cited by
Opinions in Louisiana that cite Mart v. Hill, 505 So. 2d 1120.
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Dumas and Associates, Inc. v. Lewis Enterprises Inc.
704 So. 2d 433
La. Ct. App. 2d Cir. 1997
Thompson v. Coates, supra.
- Powell v. Brookshire's Grocery Co., Inc. 705 So. 2d 286 La. Ct. App. 2d Cir. 1997
- Bourque v. Audubon Ins. Co. 704 So. 2d 808 La. Ct. App. 3d Cir. 1997
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Graves v. Page
703 So. 2d 566
La. 1997
this court stated the two-tier test for reversal on appellate review: (1) the appellate court must find from the record that a reasonable factual basis does not exist for the finding of the trial court, and (2) the appellate court must further determine that the record establishes that the finding is clearl
- Aycock v. Jenkins Tile Co. 703 So. 2d 117 La. Ct. App. 1st Cir. 1997
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Brown v. Coastal Const. & Engineering, Inc.
704 So. 2d 8
La. Ct. App. 1st Cir. 1997
See Stobart v. State, through Department of Transportation and Development
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Bijeaux v. State, DOTD
702 So. 2d 1088
La. Ct. App. 1st Cir. 1997
Stobart, 617 So.2d at 882
- Guillory v. Guillory 702 So. 2d 1079 La. Ct. App. 3d Cir. 1997
- Shephard on Behalf of Shephard v. Scheeler 701 So. 2d 1308 La. 1997
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Spell v. Conn Appliances, Inc.
702 So. 2d 797
La. Ct. App. 3d Cir. 1997
Freeman [ v. Poulan/Weed Eater ], 93-1530 at p. 5 [ (La.1/14/94) ], 630 So.2d [733] at 737-738
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Duryea v. Handy
700 So. 2d 1123
La. Ct. App. 4th Cir. 1997
Officer Handy admittedly threw a bag of beads very forcefully to the raised bleacher seats without looking to see if anyone was in his way, which led to his striking Duryea.
- Morrison v. Morrison 699 So. 2d 1124 La. Ct. App. 1st Cir. 1997
- Minor v. Casualty Reciprocal Exchange 700 So. 2d 951 La. Ct. App. 1st Cir. 1997
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Centanni v. Spizer
699 So. 2d 899
La. Ct. App. 1st Cir. 1997
Co. v. American Rent-All, Inc.
- Stroik v. Ponseti 699 So. 2d 1072 La. 1997
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Kavanaugh v. Long
698 So. 2d 730
La. Ct. App. 2d Cir. 1997
Lewis v. State, 94-2370 (La.4/21/95), .
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Lopez v. Wal-Mart Stores, Inc.
700 So. 2d 215
La. Ct. App. 4th Cir. 1997
the Supreme Court set forth a two-part test for reversing a factfinder's determination on appellate review: 1) The appellate court must find from the record that a reasonable factual basis does not exist for the finding of the trial court, and 2) The appellate court must further determine that the record es
- Maddox v. Omni Drilling Corp. 698 So. 2d 1022 La. Ct. App. 3d Cir. 1997
- Boudoin v. NICHOLSON, BAEHR, ETC. 698 So. 2d 469 La. Ct. App. 4th Cir. 1997
- Nichols v. Wal-Mart Stores, Inc. 698 So. 2d 53 La. Ct. App. 3d Cir. 1997
- Banks v. Indus. Roofing & Sheet Metal 696 So. 2d 551 La. 1997
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Mullins v. State Farm Fire and Cas. Co.
697 So. 2d 750
La. Ct. App. 1st Cir. 1997
Stobart v. State, Department of Transportation and Development
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Owens v. Concordia Elec. Co-Op., Inc.
699 So. 2d 434
La. Ct. App. 3d Cir. 1997
Shelton v. Aetna Casualty & Sur.
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Hortman v. Louisiana Steel Works
696 So. 2d 625
La. Ct. App. 1st Cir. 1997
See Stobart v. State, Department of Transportation and Development
- Fontenot v. JK Richard Trucking 696 So. 2d 176 La. Ct. App. 3d Cir. 1997
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Grant v. Allstate Ins. Co.
696 So. 2d 275
La. Ct. App. 3d Cir. 1997
Stobart, 617 So.2d at 882
- Ramos v. Ramos 697 So. 2d 280 La. Ct. App. 5th Cir. 1997
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Western American Specialized Transportation Services, Inc. v. Chibberton
695 So. 2d 1059
La. Ct. App. 1st Cir. 1997
the Supreme Court stated the two-tier test for reversal on appellate review: (1) [t]he appellate court must find from the record that a reasonable factual basis does not exist for the finding of the trial court, and (2) the appellate court must further determine that the record establishes that *1061 the fi
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Morehead v. Ford Motor Co.
694 So. 2d 650
La. Ct. App. 2d Cir. 1997
Parker v. Centenary Heritage Manor Nursing Home, supra .
- Williams v. Dean 694 So. 2d 1195 La. Ct. App. 1st Cir. 1997
- Thompson v. Coates 694 So. 2d 599 La. Ct. App. 2d Cir. 1997
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Guillory v. Ins. Co. of North America
692 So. 2d 1029
La. 1997
APPORTIONMENT OF FAULT Liability for fault is subject to a risk-duty analysis based on the following considerations outlined in Mart v. Hill, 86-2191, 86-2200 (La.4/16/87); : (1) Was the conduct in question a cause-in-fact of the resulting harm?
- Tubre v. STATE, DOTD 693 So. 2d 1190 La. Ct. App. 3d Cir. 1997
- Marie v. John Deere Ins. Co. 691 So. 2d 1327 La. Ct. App. 1st Cir. 1997
- Bridges v. Bridges 692 So. 2d 1186 La. Ct. App. 3d Cir. 1997
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Tassin v. State Farm Ins. Co.
692 So. 2d 604
La. Ct. App. 3d Cir. 1997
Under this analysis plaintiff must prove: (1) the conduct in question was the cause-in-fact of the resulting harm (2) defendant owed a duty of care to plaintiff (3) the requisite duty was breached by the defendant (4) (La.
- Broussard v. Romero 691 So. 2d 1265 La. Ct. App. 3d Cir. 1997
- Carter v. Brookshire Grocery Co. 690 So. 2d 933 La. Ct. App. 2d Cir. 1997
- Picou v. Equifax Services, Inc. 690 So. 2d 219 La. Ct. App. 1st Cir. 1997
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Baumgarten v. Daigle
689 So. 2d 687
La. Ct. App. 1st Cir. 1997
that an appellate court is not required, to affirm the trier of fact’s refusal to accept as credible uncontradicted testimony or greatly preponderant objectively corroborated testimony where the record indicates no sound reason for its rejection and where the factual finding itself has been reached by
- Trahan v. McManus 689 So. 2d 696 La. Ct. App. 3d Cir. 1997
- Theriot v. Bourg 691 So. 2d 213 La. Ct. App. 1st Cir. 1997
- Boudreaux v. STATE, DOTD 690 So. 2d 114 La. Ct. App. 1st Cir. 1997
- Tyler v. Rockwood Insurance Co. 690 So. 2d 834 La. Ct. App. 1st Cir. 1997
- Hardenstein v. COOK CONST. INC. 691 So. 2d 177 La. Ct. App. 1st Cir. 1997
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Grant v. Allstate Insurance Co.
688 So. 2d 703
La. Ct. App. 1st Cir. 1997
Stobart, 617 So.2d at 882
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Landry v. City of New Iberia
689 So. 2d 564
La. Ct. App. 1st Cir. 1997
Rosell, supra; Stobart, supra.
- Palermo v. Audubon Insurance Co. 689 So. 2d 589 La. Ct. App. 1st Cir. 1997
- Prestenback v. Schwegmann Giant Supermarkets, Inc. 688 So. 2d 149 La. Ct. App. 1st Cir. 1997
- Gould v. Gould 687 So. 2d 685 La. Ct. App. 2d Cir. 1997