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Opinions in Louisiana that cite Molbert v. Toepfer, 550 So. 2d 183.

40 citing documents.

Jason Jones and Stephanie Jones, individually and o/b/o Caleb Jones v. State of Louisiana, through Department of Transportation … La. Ct. App. 1st Cir. 2024
Victoria Roach v. State of Louisiana, Dotd La. Ct. App. 3d Cir. 2021
1/9/18), Louisiana law has imposed passenger fault in “special and out-of-the-ordinary situations[,]” such as “where there is a joint venture, an independent negligent act by the passenger, or a showing that the rider had actual or constructive knowledge of a driver’s incompetence or impaired ability to operate the vehicle.” The supreme court, expounded on the law pertaining to guest passenger comparative fault: Recently in Murray v. Ramada Inns, Inc., this court determined that assumption of ri
Nathan Putman, Pamela Putman, Jimmy Putman, and Kyle Jones v. Scott Dalton Costello and Shelter Mutual Insurance Company La. Ct. App. 2d Cir. 2019
Demetric Tanner v. Lafayette City-Parish Consolidated Government La. Ct. App. 3d Cir. 2019
White v. City of Alexandria, 216 La.
Tanner v. Lafayette City-Parish Consol. Gov't 273 So. 3d 382 La. Ct. App. 1st Cir. 2019
186 (La.1989) ; , 728 (La.1981) ; White v. City of Alexandria, 216 La.
Clarkston v. Louisiana Farm Bureau Casualty Insurance 989 So. 2d 164 La. Ct. App. 1st Cir. 2008
Clarkston v. LA. FARM BUREAU CAS. INS. CO. 989 So. 2d 164 La. Ct. App. 4th Cir. 2008
Molina v. City of New Orleans 830 So. 2d 994 La. Ct. App. 4th Cir. 2002
Owens v. Concordia Electric Co-op, Inc., 95-1255, pp. 20-21 (La.App.
Petre v. State Ex Rel. DOTD 817 So. 2d 1107 La. 2002
& Dev., 93-0887 (La.1/14/94), (reapportioning 90% fault to an intoxicated pedestrian); (assigning 5% liability to DOTD when driver had .13% blood alcohol level).
Guilliams v. Succession of Harrel 774 So. 2d 325 La. Ct. App. 1st Cir. 2000
& Dev., 94-1052 (La.1/17/95); ; Smith v. Travelers Ins.
Cole v. STATE EX REL. DOTD 755 So. 2d 315 La. Ct. App. 3d Cir. 1999
Cole v. State ex rel. Department of Transportation & Development 755 So. 2d 315 La. Ct. App. 1st Cir. 1999
Ditch v. State ex rel. Department of Transportation & Development 745 So. 2d 1279 La. Ct. App. 1st Cir. 1999
See Rhodes v. State, DOTD, 95-CA-1848 (La.5/21/96), ; Campbell v. Louisiana Department of Transportation and Development, 94-1052 (La.1/17/95), ; Dill v. State, Department of Transportation and Development, Miller v. State, DOTD, 95-548 (La.App.
Cormier v. Comeaux 748 So. 2d 1123 La. 1999
h driver collided with and which caused his car to become airborne); (although the DOTD is not the guarantor of the safety of all motorists, DOTD 50% liable because 3-4 inch drop off from road to shoulder caused driver to lose control); Ledbetter, supra (lack of warning signs on curve was cause-in-fact of driver running off road); (design of curve and lack of warning and appropriate speed limit resulted in 5% liability of DOTD, despite fact that driver had .13% blood alcohol level); Dill v. Stat
Dufrene v. Willingham 721 So. 2d 1026 La. Ct. App. 5th Cir. 1998
In Howard , this Court said at page 1049: "...in delictual actions a plaintiff must show causation, a duty on the part of the defendant, breach of that duty when the risk of the harm was within the scope of its protection, and consequent damages
Howard v. ICRR 709 So. 2d 1044 La. Ct. App. 5th Cir. 1998
It is also well established that in delictual actions a plaintiff must show causation, a duty on the part of the defendant, breach of that duty when the risk of the harm was within the scope of its protection, and consequent damages
Brown v. Louisiana Indem. Co. 707 So. 2d 1240 La. 1998
Owens v. Concordia Elec. Co-Op., Inc. 699 So. 2d 434 La. Ct. App. 3d Cir. 1997
Edwards v. Horstman 687 So. 2d 1007 La. 1997
& Dev., 94-1052 (La.1/17/95); ; Smith v. Travelers Ins.
Hollingsworth v. Bowers 690 So. 2d 825 La. Ct. App. 3d Cir. 1996
3 Cir.), writ granted, , affirmed, .
Reichert v. Bertucci 684 So. 2d 1041 La. Ct. App. 4th Cir. 1996
Hebert v. Southwest La. Elec. Mem. Corp. 667 So. 2d 1148 La. Ct. App. 3d Cir. 1995
Malloy v. Vanwinkle 662 So. 2d 96 La. Ct. App. 4th Cir. 1995
Nowell v. State Farm Mut.
Khaled v. Windham 657 So. 2d 672 La. Ct. App. 1st Cir. 1995
Campbell v. DEPTARTMENT OF TRANSP. & DEV. 648 So. 2d 898 La. 1995
Rogers v. Daigle 643 So. 2d 758 La. Ct. App. 1st Cir. 1994
Bordelon v. St. Frances Cabrini Hosp. 640 So. 2d 476 La. Ct. App. 3d Cir. 1994
Lamaire v. Motor Convoy, Inc. 625 So. 2d 638 La. Ct. App. 3d Cir. 1993
2nd Cir.1986), writ granted in part
Thuan Ngoc Do v. Phuong Hoang Ngo 618 So. 2d 1213 La. Ct. App. 1st Cir. 1993
Mayoral v. Middle South Utilities 618 So. 2d 436 La. Ct. App. 5th Cir. 1993
The Supreme Court set forth the duty/
Burdis v. Lafourche Parish Police Jury 618 So. 2d 971 La. Ct. App. 1st Cir. 1993
Faucheaux v. Terrebonne Consol. Government 615 So. 2d 289 La. 1993
Guilbeau v. St. Landry Parish Police Jury 600 So. 2d 859 La. Ct. App. 3d Cir. 1992
Bernard v. Royal Ins. Co. 586 So. 2d 607 La. Ct. App. 4th Cir. 1991
3rd Cir.1989), aff'd a 28-year-old college engineering student with average grades, worked for his father in construction.
Socorro v. City of New Orleans 579 So. 2d 931 La. 1991
Shelton v. Aetna Casualty & Sur.
Nowell v. State Farm Mut. Auto. Ins. Co. 576 So. 2d 77 La. Ct. App. 2d Cir. 1991
Brown v. State Through DOTD 572 So. 2d 1058 La. Ct. App. 5th Cir. 1990
the Supreme Court affirmed a finding that a driver was 95 per cent responsible and the highway department five per cent negligent.
Holloway ex rel. Holloway v. State ex rel. Department of Transportation & Development 562 So. 2d 1033 La. Ct. App. 1st Cir. 1990
After an exhaustive review of the record, this court affirms the judgment of the trial court for the reasons given in the trial court’s written reasons for judgment which are attached hereto as Appendix A. For other eases which support the holding of the trial court, Guillie v. State, D.O.T.D., (La.App.
Lejeune v. Rayne Branch Hosp. 556 So. 2d 559 La. 1990
Lang v. Cage 554 So. 2d 1312 La. Ct. App. 1st Cir. 1989

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