Cited by
Opinions in Louisiana that cite Murray v. Ramada Inns, Inc., 521 So. 2d 1123.
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Galan v. Covenant House New Orleans
695 So. 2d 1007
La. Ct. App. 1st Cir. 1997
“A defendant’s duty does not turn on a particular plaintiffs state of mind, but instead is determined by the standard of care which the defendant owes to all potential plaintiffs.” Murray v. Ramada Inns, Inc., Politz v. Recreation and Park Com’n, (La.App.
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Boguille v. Chambers
685 So. 2d 582
La. Ct. App. 1st Cir. 1996
_[ipWhile we recognize that duty should not be decided in terms of a plaintiffs knowledge or presumed knowledge, Murray v. Ramada Inns, Inc., the lack of proximity or connexity between the Levee Board’s launch area and the accident site support the conclusion that it would be unreasonable to impose a duty to warn of dangers inherent in boating in that area.
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Pitre v. Louisiana Tech University
673 So. 2d 585
La. 1996
This test was reaffirmed in Murray v. Ramada Inns, Inc., (La.
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Millet v. Cormier
671 So. 2d 1101
La. Ct. App. 3d Cir. 1996
In his appellate argument, Millet seizes upon the trial judge's use of the term, assumption of risk, and urges us to reexamine the case because the Louisiana Supreme Court abolished this defense in Murray v. Ramada Inns, Inc., (La.
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Pitre v. Louisiana Tech University
655 So. 2d 659
La. Ct. App. 2d Cir. 1995
Socorro, supra ; Murray v. Ramada Inns, Inc.
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Crovetto v. New Orleans City Park Improvement Ass'n
653 So. 2d 752
La. Ct. App. 1st Cir. 1995
Murray v. Ramada Inns, Inc.
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Veazey v. Elmwood Plantation Associates, Ltd.
650 So. 2d 712
La. 1995
See Murray v. Ramada Inns, Inc., (citing Turner, supra ).
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DeStevens v. Harsco Corp.
652 So. 2d 1054
La. Ct. App. 4th Cir. 1995
However, the Supreme Court held that, under its earlier decision in Murray v. Ramada Inns, Inc., it was necessary to "review ...
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Mayo v. Nissan Motor Corp.
639 So. 2d 773
La. Ct. App. 3d Cir. 1994
Nicholas v. Homelite Corp., 780 F.2d 115D [1150] (5th Cir.1986); Murray v. Ramada Inns, Inc., (3rd Cir.1985)
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Simpson v. State Through DOTD
636 So. 2d 608
La. Ct. App. 1st Cir. 1994
Indeed, and Murray v. Ramada Inns, Inc.
- Butler v. Eastern College of Health Vo. 631 So. 2d 1254 La. Ct. App. 5th Cir. 1994
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Broussard v. CNA Insurance Co.
628 So. 2d 1267
La. Ct. App. 1st Cir. 1993
The standard was set forth by the Louisiana Supreme Court in Murray v. Ramada Inns, Inc., in which it ruled that assumption of risk was no longer a viable defense to tort actions in Louisiana.
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Brooks v. City of Lake Charles
625 So. 2d 578
La. Ct. App. 1st Cir. 1993
See Murray v. Ramada Inns, Inc., Socorro , p. 941.
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Manchack v. Willamette Industries, Inc.
621 So. 2d 649
La. Ct. App. 2d Cir. 1993
at 941 (La.1991); at 1133 (La.1988).
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Politz v. Recreation and Park Com'n
619 So. 2d 1089
La. Ct. App. 1st Cir. 1993
Murray v. Ramada Inns, Inc.
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Thibodeau v. Mayor and Councilmen of Morgan City
619 So. 2d 595
La. Ct. App. 1st Cir. 1993
This "no duty" argument, which focuses on the knowledge and conduct of the plaintiff, -36 (La.1988), and again rejected in Socorro .
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Laiche v. Kohen
621 So. 2d 1162
La. Ct. App. 1st Cir. 1993
Defendants rely on the Louisiana Supreme Court's seminal tort law decision, Murray v. Ramada Inns, Inc.
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Weaver v. Valley Elec. Membership Corp.
615 So. 2d 1375
La. Ct. App. 2d Cir. 1993
Murray v. Ramada Inns, Inc.
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Katsanis v. State Farm General Ins. Co.
615 So. 2d 1114
La. Ct. App. 5th Cir. 1993
In Murray v. Ramada Inns, Inc., at 1136 this issue was addressed and explained as follows: Again, this is not to say that a duty is owed or breached in all situations that involve injury.
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Cockerham v. Atlantic Richfield Co.
615 So. 2d 547
La. Ct. App. 3d Cir. 1993
It has been well settled in Louisiana since the 1988 Supreme Court decision of Murray v. Ramada Inns, Inc., that the doctrine of assumption of the risk as a defense, formerly a bar to recovery in such cases, has been subsumed into the comparative fault system.
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Pool v. City of Shreveport
607 So. 2d 861
La. Ct. App. 2d Cir. 1992
Cf. also Murray v. Ramada Inns, Inc.
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Pitre v. Louisiana Tech University
596 So. 2d 1324
La. Ct. App. 2d Cir. 1992
Murray v. Ramada Inns, Inc., (La.
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Hendry v. US Fidelity & Guar. Ins. Co.
594 So. 2d 584
La. Ct. App. 5th Cir. 1992
In Murray v. Ramada Inns, Inc., our Supreme Court held that the adoption of comparative negligence eliminated assumption of risk as a total bar to recovery, regardless of whether a defendant is found negligent or strictly liable.
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Buckbee v. Aweco, Inc.
587 So. 2d 79
La. Ct. App. 1st Cir. 1991
Murray v. Ramada Inns, Inc., Bass v. Aetna Ins.
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Gilboy v. American Tobacco Co.
582 So. 2d 1263
La. 1991
art. 2323; Murray v. Ramada Inns, Inc., Cates, supra .
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Socorro v. City of New Orleans
579 So. 2d 931
La. 1991
In Murray v. Ramada Inns, Inc. under similar facts, we expressly disapproved the same "no duty" argument that the City is making in the present case.
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Derouin v. Champion Ins. Co.
580 So. 2d 1043
La. Ct. App. 3d Cir. 1991
In addition, Pickerell acknowledged that he was aware that, as a matter of law, a following vehicle in a rear-end collision is presumed at fault and admitted that he was unaware that the Louisiana Supreme Court had eliminated the assumption of the risk doctrine in Murray v. Ramada Inns, Inc., (La.
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US F&G v. Hi-Tower Concrete Pumping Service
574 So. 2d 424
La. Ct. App. 2d Cir. 1991
Murray v. Ramada Inns, Inc., Rozell v. Louisiana Animal Breeders Cooperative, Inc. (La.
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Le v. Johnstown Properties
572 So. 2d 1070
La. Ct. App. 5th Cir. 1990
Murray v. Ramada Inns, Inc.
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Pastor v. Lafayette Bldg. Ass'n
567 So. 2d 793
La. Ct. App. 3d Cir. 1990
Murray v. Ramada Inns, Inc.
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Holloway ex rel. Holloway v. State ex rel. Department of Transportation & Development
562 So. 2d 1033
La. Ct. App. 1st Cir. 1990
With the adoption of the comparative fault system in this State and specifically, under the decision of the Louisiana Supreme Court in Murray v. Ramada Inns, Inc., the doctrine of assumption of risk is no longer viable in Louisiana.
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Pinello v. Reed
559 So. 2d 988
La. Ct. App. 1st Cir. 1990
1067 , superseded by statute on other grounds in Murray v. Ramada Inns, Inc., the Louisiana Supreme Court noted that in State ex rel.
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Picou v. Hartford Ins. Co.
558 So. 2d 787
La. Ct. App. 5th Cir. 1990
However, our Supreme Court abrogated the defense of assumption of the risk in the relatively recent decision of Murray v. Ramada Inns, Inc.
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Hardy v. Cumis Ins. Co.
558 So. 2d 625
La. Ct. App. 1st Cir. 1990
Murray v. Ramada Inns, Inc., Watson v. State Farm Fire and Cas.
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Falgoust v. Richardson Industries, Inc.
552 So. 2d 1348
La. Ct. App. 5th Cir. 1989
See Murray v. Ramada Inns, Inc.
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Lambert v. Wheels R Rolling Skate Center
552 So. 2d 732
La. Ct. App. 1st Cir. 1989
However, in light of Murray v. Ramada Inns, Inc., the use of the terminology "assumption of the risk" in recreational activity and sports cases has been abandoned, although the end result is still the same.
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Molbert v. Toepfer
550 So. 2d 183
La. 1989
Recently in Murray v. Ramada Inns, Inc., (La.
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Jarvis v. JI Case Co.
551 So. 2d 61
La. Ct. App. 1st Cir. 1989
*64 See Murray v. Ramada Inns, Inc.
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Worley v. Winston
550 So. 2d 694
La. Ct. App. 2d Cir. 1989
See Murray v. Ramada Inns, Inc.
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Smiley v. Sikes
543 So. 2d 1084
La. Ct. App. 2d Cir. 1989
See Murray v. Ramada Inns, Inc.
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Dietrich v. Allstate Ins. Co.
540 So. 2d 358
La. Ct. App. 1st Cir. 1989
[3] Murray v. Ramada Inns, Inc.
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Giddings v. Commercial Union Ins. Co.
539 So. 2d 66
La. Ct. App. 2d Cir. 1989
Murray v. Ramada Inn, Inc.
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Berry v. Kansas City Southern Railway Co.
539 So. 2d 773
La. Ct. App. 1st Cir. 1989
Recently, in Murray v. Ramada Inns, Inc., the Louisiana Supreme Court concluded “that the assumption of risk defense no longer has a place in Louisiana tort law.” Therefore, we must decide whether Ceasar and Berry negligently disregarded a known risk by riding with an intoxicated driver, and if so, to what degree was this negligence a proxima
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Edwards v. Castille
537 So. 2d 880
La. Ct. App. 1st Cir. 1989
See Murray v. Ramada Inns, Inc., (La.App.
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Foster v. Richland Parish General Hospital
535 So. 2d 1202
La. Ct. App. 2d Cir. 1988
See also Murray v. Ramada Inns, Inc., and comparative factors in Watson v. State Farm Fire and Cas.
- Briggs v. Hartford Ins. Co. 532 So. 2d 1154 La. 1988
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Kuck v. City of New Orleans
531 So. 2d 1142
La. Ct. App. 4th Cir. 1988
Murray v. Ramada Inns, Inc.
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Liuzza v. D & M Welding, Inc.
528 So. 2d 1064
La. Ct. App. 1st Cir. 1988
Murray v. Ramada Inns, Inc.
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Jackson v. Tyson
526 So. 2d 398
La. Ct. App. 4th Cir. 1988
See Murray v. Ramada Inns, Inc., (La.
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Griffin v. Foti
523 So. 2d 935
La. Ct. App. 4th Cir. 1988
Murray v. Ramada Inns, Inc., (La.