Cited by
Opinions in Louisiana that cite Brannon v. Shelter Mut. Ins. Co., 507 So. 2d 194.
- Ruby Gatlin Bickham, Wilbur Hayes Bickham, James Hayes Bickham, Individually and on Behalf of his Minor Children, James … La. Ct. App. 1st Cir. 2020
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Barber v. La. Mun. Risk Mgmt. Agency Grp. Self-Insured Fund
244 So. 3d 56
La. Ct. App. 1st Cir. 2018
The Louisiana Supreme Court held in Brannon v. Shelter Mutual Insurance Co. , that a driver who claims that his presence in another's proper lane of travel was due to sudden unconsciousness bears a high burden of proving that by clear and convincing evidence.
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Sarah Barber v. Louisiana Municipal Risk Management Agency Group Self-Insured Fund
La. Ct. App. 3d Cir. 2018
that a driver who claims that his presence in another’s proper lane of travel was due to sudden unconsciousness bears a high burden of proving that by clear and convincing evidence.
- Smith v. Andrews 215 So. 3d 868 La. Ct. App. 2d Cir. 2017
- Hardison v. ENCOMPASS INSURANCE 994 So. 2d 157 La. Ct. App. 1st Cir. 2008
- Hanks v. Entergy Corp. 944 So. 2d 564 La. 2006
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Cash v. McGregor
730 So. 2d 497
La. Ct. App. 2d Cir. 1999
Co., Mitchell v. AT & T, 27,290 (La.App.2d Cir. 8/28/95), , writ de *500 nied 95-2474 (La.12/15/95), ; Renter v. Willis-Knighton Medical Center, 28,589 (La.App.
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Fuller v. State Farm Mutual Auto Insurance
697 So. 2d 722
La. Ct. App. 2d Cir. 1997
Co., the trial court con-eluded that the two insurers proved, by clear and convincing evidence, the affirmative defense that the accident was caused solely by decedent’s unforeseeable heart attack rendering him suddenly unconscious.
- Cross v. State ex rel. Department of Transportation & Development 670 So. 2d 1324 La. Ct. App. 1st Cir. 1996
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Abadie v. City of Westwego
646 So. 2d 1229
La. Ct. App. 5th Cir. 1994
Co., set forth the proper standard for proving this affirmative defense.
- Stapleton v. Great Lakes Chemical Corp. 627 So. 2d 1358 La. 1993
- Gunn v. Amica Mut. Ins. Co. 611 So. 2d 805 La. Ct. App. 3d Cir. 1992
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Coleman v. US Fire Ins. Co.
571 So. 2d 213
La. Ct. App. 3d Cir. 1990
3 Cir.1986), writ granted, rev'd on other grounds, rehearing granted, (La.App.
- Smith v. Roussel 554 So. 2d 776 La. Ct. App. 1st Cir. 1989
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King v. Louviere
543 So. 2d 1327
La. 1989
Co., (Tate, J. on rehearing); Rizley v. Cutrer, 232 La.
- Dill v. DEPT. OF TRANSP. & DEV. 522 So. 2d 1288 La. Ct. App. 5th Cir. 1988
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Barnhill v. Continental Dredging Co.
522 So. 2d 146
La. Ct. App. 1st Cir. 1988
le we are aware that a high burden of proof is required of the defendant driver who leaves his own lane and collides with another car in its correct lane of traffic and that the driver must show by clear and convincing evidence that his sudden presence in the opposite lane was due to unexpected and unforeseen circumstances over which he had no control, Rizley v. Cutrer, 232 La.
- Brannon v. Shelter Mut. Ins. Co. 520 So. 2d 984 La. Ct. App. 3d Cir. 1988