Cited by
Opinions in Louisiana that cite King v. Louviere, 543 So. 2d 1327.
- 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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Spencer M. Perro and Carletta Perro v. Rafael A. Alvarado
La. Ct. App. 3d Cir. 2020
the Louisiana Supreme Court held that La.R.S.
- 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
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Monica Anderson Versus City of Kenner and the Parish of Jefferson and Xyz Insurance Company
La. Ct. App. 5th Cir. 2019
The things in one's care are those things to which one bears such a relationship as to have the right of direction and control over them, and to draw some kind of benefit from them.” (La.
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Holly Fontenot v. Safeway Insurance Co. of La
La. Ct. App. 3d Cir. 2018
held the owner of a vehicle, rather than a driver who has not been charged with maintenance of the vehicle, is liable for damages when an automobile accident arises out of a defect in a vehicle in his care or “garde.” Under our law, the responsibility for damages in such a case rests with the owner of th
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Fontenot v. Safeway Ins. Co. of La.
249 So. 3d 900
La. Ct. App. 1st Cir. 2018
The Louisiana Supreme Court in King v. Louviere , held the owner of a vehicle, rather than a driver who has not been charged with maintenance of the vehicle, is liable for damages when an automobile accident arises out of a defect in a vehicle in his care or "garde."
- Davis v. Riverside Court Condominium Ass'n Phase II, Inc. 154 So. 3d 643 La. Ct. App. 1st Cir. 2014
- Flenner v. Sewerage & Water Board of New Orleans 110 So. 3d 661 La. Ct. App. 1st Cir. 2013
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Marshall v. Air Liquide-Big Three, Inc.
107 So. 3d 13
La. Ct. App. 1st Cir. 2012
“[T]he person who has the garde of a thing shall be strictly liable for damage caused another by the vice or defect of the thing, his legal responsibility being based on the breach of his legal obligation to keep his thing in such condition that it does no damage to others.”
- Theresa St. Julien v. Julie Walters Landry La. Ct. App. 3d Cir. 2012
- Julien v. Landry 94 So. 3d 976 La. Ct. App. 1st Cir. 2012
- Marie v. American Alternative Insurance Co. 97 So. 3d 8 La. Ct. App. 1st Cir. 2012
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Gatlin v. KLEINHEITZ
34 So. 3d 872
La. Ct. App. 1st Cir. 2009
Rizley v. Cutrer, 232 La.
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Rando v. Anco Insulations Inc.
16 So. 3d 1065
La. 2009
See Ehrman v. Holiday Inns, Inc., 04-0312 (La.App.
- Price v. Tenneco Oil Co. 996 So. 2d 1260 La. Ct. App. 3d Cir. 2008
- Curtis Price v. Tenneco Oil Co. La. Ct. App. 3d Cir. 2008
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Holland v. Teague
996 So. 2d 325
La. Ct. App. 2d Cir. 2008
Dupree v. City of New Orleans, 99-3651 (La.8/31/00), ; (La.
- Ronald K. Chavers v. Bright Truck Leasing Corp. La. Ct. App. 3d Cir. 2006
- Chavers v. Bright Truck Leasing 945 So. 2d 838 La. Ct. App. 3d Cir. 2006
- Terri Louise Smith v. Boise Cascade Corporation La. Ct. App. 3d Cir. 2006
- Giorgio v. Alliance Operating Corp. 921 So. 2d 58 La. 2006
- Beau Meynard, Jr. v. Pickett Industries, Inc. La. Ct. App. 3d Cir. 2004
- Meynard v. PICKETT INDUSTRIES, INC. 896 So. 2d 126 La. Ct. App. 3d Cir. 2004
- Quinn v. RISO Investments, Inc. 869 So. 2d 922 La. Ct. App. 4th Cir. 2004
- Engles v. City of New Orleans 872 So. 2d 1166 La. Ct. App. 4th Cir. 2004
- LeBlanc v. Trappey 838 So. 2d 860 La. Ct. App. 3d Cir. 2003
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Young v. City of Plaquemine
818 So. 2d 898
La. Ct. App. 1st Cir. 2002
Doughty, 576 So.2d at 464
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Baker v. Murphy Oil USA, Inc.
816 So. 2d 329
La. Ct. App. 4th Cir. 2002
art. 2317, are “those things to which one bears such a relationship as to have the right of direction and control over them, and to draw some kind of benefit from them.” Doughty, supra
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Neason v. Transit Management of Southeast Louisiana, Inc.
789 So. 2d 31
La. Ct. App. 1st Cir. 2001
In support of his argument, Mr. Neason cites the following language from the Louisiana Supreme Court’s a case involving an alleged brake failure: Furthermore, when such a trespassing motorist attempts to exonerate herself by claiming that a latent defect in her own vehicle caused the accident, she incurs another heavy burden.
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Lasyone v. Kansas City Southern RR
786 So. 2d 682
La. 2001
1067 , (1971) ("The activities of man for which he may be liable without acting negligently are to be determined after a study of the law and customs, a balancing of claims and interests, a weighing of the risk and the gravity of harm, and a consideration of individual and societal rights and obligations."); -29 (La.
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Williams v. US Agencies Cas. Ins. Co., Inc.
779 So. 2d 729
La. 2001
that the owner of a vehicle, rather than a driver who has not been charged with maintenance of the vehicle, is liable for damages when an automobile accident arises out of a latent defect in a vehicle in his care or "garde."
- Brumfield v. Gafford 768 So. 2d 223 La. Ct. App. 1st Cir. 2000
- Dupree v. City of New Orleans 765 So. 2d 1002 La. 2000
- Myles v. Cain's Coffee Co. 756 So. 2d 632 La. Ct. App. 2d Cir. 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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Wiley v. Safeway Ins. Co.
745 So. 2d 636
La. Ct. App. 3d Cir. 1999
Ferrell, 650 So.2d at 747
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Taylor v. Premier Insurance
742 So. 2d 35
La. Ct. App. 1st Cir. 1999
Ferrell, 650 So.2d at 747
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Swan v. New Orleans Terminal Co.
745 So. 2d 52
La. Ct. App. 4th Cir. 1999
that determining whether the evidence is sufficient to establish unreasonableness is a part of determining whether the duty to prevent an unreasonable risk of harm to others has been fulfilled.
- Carroll v. State Farm Fire & Cas. Co. 732 So. 2d 1263 La. Ct. App. 2d Cir. 1999
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Saltzman v. Broussard
736 So. 2d 243
La. Ct. App. 3d Cir. 1999
The Louisiana Supreme Court discussed the duty to maintain a vehicle and the differences between an individual's garde of an automobile, and the general garde of *248 a thing under La.Civ.Code art. 2317 (La.
- Gilbert v. BDOWS, INC. 711 So. 2d 765 La. Ct. App. 2d Cir. 1998
- Alford v. Home Ins. Co. 701 So. 2d 1375 La. Ct. App. 1st Cir. 1997
- Reichert v. State, Dept. of Transp. and Development 694 So. 2d 193 La. 1997
- Warren v. Campagna 686 So. 2d 969 La. Ct. App. 4th Cir. 1996
- Migues v. City of Lake Charles 682 So. 2d 946 La. Ct. App. 3d Cir. 1996
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Spiller v. State ex rel. Department of Transportation & Development
668 So. 2d 1318
La. Ct. App. 1st Cir. 1996
: “When a driver on his wrong side of the road collides with another car which is in its correct lane of traffic, the driver is required to exculpate himself of any fault, however slight, contributing to the accident.” ().
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Olivier v. Gray Insurance Co.
664 So. 2d 497
La. Ct. App. 1st Cir. 1995
3 Cir.), writ granted, affirmed, in which $100,000 in general damages was awarded to a plaintiff whose pre-existing cervical disc disease was aggravated to such an extent as to force her to chose between limiting her activities or undergoing a second fusion operation with a limited chance of success and who had to give up a successful care
- Reichert v. State, Department of Transportation & Development 656 So. 2d 47 La. Ct. App. 2d Cir. 1995
- Ehrman v. Holiday Inns, Inc. 653 So. 2d 732 La. Ct. App. 4th Cir. 1995