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Opinions in Louisiana that cite Montgomery v. Opelousas General Hosp., 540 So. 2d 312.

38 citing documents.

Genevieve Moore v. Board of Supervisors of Louisiana State University and Agriculture and Mechanical College O/B/O Lsu Health … La. Ct. App. 4th Cir. 2023
“The doctrine applies only when the facts of the controversy ‘suggest negligence of the defendant, rather than some other factor, as the most plausible explanation of the accident.’” (La.
Tsegaye v. City of New Orleans 183 So. 3d 705 La. Ct. App. 1st Cir. 2015
Temes v. Manitowoc Corp. 181 So. 3d 733 La. Ct. App. 1st Cir. 2014
Tsegaye v. City of New Orleans 140 So. 3d 202 La. Ct. App. 1st Cir. 2014
Bloxham v. Jeffrey V. Anzalone, D.D.S., L.L.C. 134 So. 3d 1216 La. Ct. App. 2d Cir. 2014
Williamson v. Wal-Mart Stores, Inc. 130 So. 3d 478 La. Ct. App. 2d Cir. 2014
Ralph Mayes v. Wausau Underwriters Ins. Co. La. Ct. App. 3d Cir. 2012
Res Ipsa Loquitur Plaintiff argues that res ipsa loquitur5 should apply and cites the Louisiana Supreme Court’s decision of Pear v. LaBiche’s, Inc., 5 provides: The principle of res ipsa loquitur is a rule of circumstantial evidence that infers negligence on the part of defendants because the facts of the case indicate that the negligence of the defendant is the probable cause of the accident, in the absence of other eq
Mayes v. Wausau Underwriters Insurance Co. 104 So. 3d 785 La. Ct. App. 1st Cir. 2012
provides: The principle of res ipsa loquitur is a rule of circumstantial evidence that infers negligence on the part of defendants because the facts of the case indicate that the negligence of the defendant is the probable cause of the accident, in the absence of other equally probable explanations offered b
Comeaux v. LAFAYETTE GENERAL MEDICAL CENTER 944 So. 2d 884 La. Ct. App. 3d Cir. 2006
In addressing the merits of Ms. Comeaux's motion regarding the doctrine of res ipsa loquitur, and stated the following: The principle of res ipsa loquitur is a rule of circumstantial evidence that infers negligence on the part of defendants because the facts of the case indicate that the negligence of the defendant is the probable cause of the accident, in the absence of other equally probable
Deedra Comeaux v. Lafayette General Medical Center, Inc. La. Ct. App. 3d Cir. 2006
In addressing the merits of Ms. Comeaux’s motion regarding the doctrine of res ipsa loquitur, and stated the following: The principle of res ipsa loquitur is a rule of circumstantial evidence that infers negligence on the part of defendants because the facts of the case indicate that the negligence of the defendant is the probable cause of the accident, in the a
Salvant v. State 935 So. 2d 646 La. 2006
"The doctrine applies only when the facts of the controversy `suggest negligence of the defendant, rather than some other factor, as the most plausible explanation of the accident.'" (citing Walker v. Union Oil Mill, Inc., Boudreaux v. American Insurance Co., 262 La.
Trent v. PPG Industries, Inc. 930 So. 2d 324 La. Ct. App. 3d Cir. 2006
Edward Trent, Jr. v. Ppg Industries, Inc. La. Ct. App. 3d Cir. 2006
Edward Trent, Jr. v. Ppg Industries, Inc. La. Ct. App. 3d Cir. 2006
Edward Trent, Jr. v. Ppg Industries, Inc. La. Ct. App. 3d Cir. 2006
Lawrence Menard and Patricia Menard v. Michael R. Holland, M.D. La. Ct. App. 3d Cir. 2005
2 (citations omitted): The principle of res ipsa loquitur is a rule of circumstantial evidence that infers negligence on the part of defendants because the facts of the case indicate that the negligence of the defendant is the probable cause of the accident, in the absence of oth
Menard v. Holland 919 So. 2d 810 La. Ct. App. 3d Cir. 2005
(citations omitted): The principle of res ipsa loquitur is a rule of circumstantial evidence that infers negligence on the part of defendants because the facts of the case indicate that the negligence of the defendant is the probable cause of the accident, in the absence of other equally probable explanation
National Union Fire Ins. Co. v. Harrington 854 So. 2d 880 La. Ct. App. 3d Cir. 2003
Williamson v. ST. FRANCIS CABRINI HOSP. 763 So. 2d 50 La. Ct. App. 3d Cir. 2000
Allen v. Blanchard 763 So. 2d 704 La. Ct. App. 1st Cir. 2000
Cangelosi, 564 So.2d at 660 ().
Crawford v. RYAN'S FAM. STEAK HOUSES, INC. 741 So. 2d 96 La. Ct. App. 2d Cir. 1999
the court said that "the direct evidence offered by the defendants...
Picou v. Equifax Services, Inc. 690 So. 2d 219 La. Ct. App. 1st Cir. 1997
McCoy v. Calamia 653 So. 2d 763 La. Ct. App. 1st Cir. 1995
” Here there was no evidence that the stroke suffered by Ms. McCoy was the kind of injury that does not occur in the absence of negligence.
Aetna Life & Casualty Co. v. AMI-Electrical & Hoist Service 637 So. 2d 173 La. Ct. App. 1st Cir. 1994
Orgeron v. Lafourche Parish Hospital District No. 1 625 So. 2d 739 La. Ct. App. 1st Cir. 1993
Orgeron v. LAFOURCHE PARISH HOSP. DIST. 625 So. 2d 739 La. Ct. App. 1st Cir. 1993
Cherry v. Herques 623 So. 2d 131 La. Ct. App. 1st Cir. 1993
Lantier v. Aetna Cas. & Sur. Co. 614 So. 2d 1346 La. Ct. App. 3d Cir. 1993
Spott v. Otis Elevator Co. 601 So. 2d 1355 La. 1992
Scott v. Clark 583 So. 2d 938 La. Ct. App. 1st Cir. 1991
Fabacher v. Laborde, McCauley & Wilson, Anesthesiologists 563 So. 2d 1305 La. Ct. App. 3d Cir. 1990
[3] To the extent that Cangelosi may conflict with the 1989 we will follow the more recent pronouncement of our Supreme Court.
Cangelosi v. OUR LADY OF LAKE REG. MED. CTR. 564 So. 2d 654 La. 1990
Hosp., (citations omitted).
LeBlanc v. Krupkin 555 So. 2d 600 La. Ct. App. 1st Cir. 1989
Hosp., McCann, 276 So.2d at 261 .
Fox v. OUR LADY OF LOURDES REGIONAL MED. CTR. 550 So. 2d 379 La. Ct. App. 3d Cir. 1989
a medical malpractice case: The principle of res ipsa loquitur is a rule of circumstantial evidence that infers negligence on the part of defendants because the facts of the case indicate that the negligence of the defendant is the probable cause of the accident, in the absence of other equally probable exp
Fox v. Our Lady of Lourdes Regional Medical Center 550 So. 2d 379 La. Ct. App. 1st Cir. 1989
a medical malpractice case: The principle of res ipsa loquitur is a rule of circumstantial evidence that infers negligence on the part of defendants because the facts of the case indicate that the negligence of the defendant is the probable cause of the accident, in the absence of other equally probable exp
Montgomery v. Opelousas General Hosp. 546 So. 2d 621 La. Ct. App. 3d Cir. 1989
The Supreme Court of Louisiana granted a writ of certiorari, and in an opinion dated March 13,1989, , reversed our judgment, reinstated the trial court's finding as to liability and remanded the matter to this court for consideration of appellants' argument that the trial court's damage award is excessive.
Distinguished Levy v. OUR LADY OF LAKE REGIONAL MED. CTR. 546 So. 2d 592 La. Ct. App. 1st Cir. 1989
NOTES [1] We find the case sub judice distinguishable from the recent supreme court decision
Logan v. Louisiana Dock Co. 543 So. 2d 1336 La. 1989
plaintiff demanded damages for personal injuries.

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