Cited by
Opinions in Louisiana that cite Housley v. Cerise, 579 So. 2d 973.
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Musacchia v. Hilton New Orleans Corp.
876 So. 2d 901
La. Ct. App. 1st Cir. 2004
(quoting Sistler v. Liberty Mutual Ins.
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McCarter v. Sanchez
874 So. 2d 918
La. Ct. App. 1st Cir. 2004
the Louisiana Supreme Court, stated that: |fi[a] claimant’s disability is presumed to have resulted from an accident, if before the accident the injured person was in good health, but commencing with the accident the symptoms of
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Walker Lands, Inc. v. E. CARROLL POLICE JURY
871 So. 2d 1258
La. Ct. App. 2d Cir. 2004
(quoting Sistler v. Liberty Mutual Ins.
- Jacobs v. Regional Transit Authority 872 So. 2d 571 La. Ct. App. 4th Cir. 2004
- Kenneth Dodge v. S & B Logging La. Ct. App. 3d Cir. 2004
- Dodge v. S & B Logging 867 So. 2d 105 La. Ct. App. 1st Cir. 2004
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Craige v. Broome
869 So. 2d 242
La. Ct. App. 4th Cir. 2004
Stobart v. State, Through DOTD, Sistler v. Liberty Mutual Ins.
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Johnson v. Melton
867 So. 2d 804
La. Ct. App. 4th Cir. 2004
Stobart v. State, Through DOTD, Sistler v. Liberty Mutual Ins.
- Turner v. Lyons 867 So. 2d 13 La. Ct. App. 4th Cir. 2004
- Alexander v. Ford 866 So. 2d 890 La. Ct. App. 5th Cir. 2004
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Williams v. Louisiana Medical Mutual Insurance Co.
866 So. 2d 306
La. Ct. App. 1st Cir. 2004
See generally, Sistler v. Liberty Mutual Ins.
- American Cent. Ins. Co. v. Terex Crane 861 So. 2d 228 La. Ct. App. 1st Cir. 2003
- Bruce v. State Farm Ins. Co. 859 So. 2d 296 La. Ct. App. 2d Cir. 2003
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Miller v. Clout
857 So. 2d 458
La. 2003
See generally, Sistler v. Liberty Mutual Ins.
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Coffey v. Mushatt
859 So. 2d 727
La. Ct. App. 1st Cir. 2003
Stobart v. State, Through DOTD, Sistler v. Liberty Mutual Ins.
- Hall v. Folger Coffee Co. 857 So. 2d 1234 La. Ct. App. 4th Cir. 2003
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Sanchez v. Hawkins
857 So. 2d 1125
La. Ct. App. 1st Cir. 2003
at 882-3 , citing, quoting, Sistler v. Liberty Mutual Ins.
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Bradford v. Onshore Pipeline Const. Co.
853 So. 2d 756
La. Ct. App. 2d Cir. 2003
(quoting Sistler v. Liberty Mutual Ins.
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Tittle v. Brookshire's Grocery Co.
852 So. 2d 1241
La. Ct. App. 2d Cir. 2003
In fact, “where two permissible views of the evidence exist, the factfinder’s choice between them cannot be manifestly erroneous or clearly wrong.” Stobart, supra; Sistler v. Liberty Mutual Ins.
- Hubbard v. State 852 So. 2d 1097 La. Ct. App. 4th Cir. 2003
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Burnett v. Lewis
852 So. 2d 519
La. Ct. App. 4th Cir. 2003
See generally, Sistler v. Liberty Mutual Ins.
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Alcorn v. City of Baton Rouge
851 So. 2d 1194
La. Ct. App. 1st Cir. 2003
and Dev., -83 (La.1993); Sistler v. Liberty Mutual Ins.
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Poland v. State Farm Mut. Auto. Ins. Co.
885 So. 2d 1144
La. Ct. App. 1st Cir. 2003
ligence, when a plaintiff is in good health prior to an accident, but commencing with the accident symptoms of disabling conditions appear and continuously manifest themselves, with the medical evidence showing a reasonable possibility of a causal connection between the accident and the disabling condition, a plaintiff is entitled to a
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Robinson v. Franklin
851 So. 2d 315
La. Ct. App. 5th Cir. 2003
ealthy individuals,” and; 2) “The medical records submitted reflected no real objective findings.” The Robinsons first assert that the trial court erred in failing to sustain a presumption of causation, discussed by the Louisiana Supreme Court in Maranto v. Goodyear Tire and Rubber Company 4 : wherein this court stated that: [a] claimant’s disability is presumed to have resulted from an accident, if before the accident the injured person was in good health, but commencing with the accident the s
- Broyard v. Rainer 850 So. 2d 793 La. Ct. App. 1st Cir. 2003
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Novosyolova v. Stephens
850 So. 2d 29
La. Ct. App. 4th Cir. 2003
Stobart v. State, Through DOTD, Sistler v. Liberty Mutual Ins.
- Russell v. Allstate Insurance Co. 848 So. 2d 730 La. Ct. App. 1st Cir. 2003
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Woodbury v. DEPT. OF TRANSP. AND DEVELOPMENT
848 So. 2d 104
La. Ct. App. 5th Cir. 2003
See generally, Sistler v. Liberty Mutual Ins.
- Cupit v. State 847 So. 2d 36 La. Ct. App. 2d Cir. 2003
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Steinhoff v. Steinhoff
843 So. 2d 1290
La. Ct. App. 3d Cir. 2003
The Louisiana Supreme Court has constantly emphasized that "[t]he reviewing court must always keep in mind that `if the trial court or jury's findings are reasonable in light of the record reviewed in its entirety, the court of appeal may not reverse, even if convinced that had it been sitting as the trier of fact, it would have weighed the evidence differently.'" ( quoting Sistler v. Liberty Mutual Ins.
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Delaune v. Harrelson
843 So. 2d 1216
La. Ct. App. 1st Cir. 2003
See generally, Sistler v. Liberty Mutual Ins.
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Williams v. Super Trucks, Inc.
842 So. 2d 1210
La. Ct. App. 2d Cir. 2003
[ Stobart, supra, (quoting Sistler v. Liberty Mutual Ins.
- Young v. Brown 846 So. 2d 88 La. Ct. App. 2d Cir. 2003
- Flint v. Trolley Stop 843 So. 2d 635 La. Ct. App. 1st Cir. 2003
- Farrell v. Pierre 846 So. 2d 49 La. Ct. App. 5th Cir. 2003
- Dixon v. Travelers Ins. Co. 842 So. 2d 478 La. Ct. App. 4th Cir. 2003
- Burns v. UHS of New Orleans, Inc. 841 So. 2d 51 La. Ct. App. 4th Cir. 2003
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Jones v. City of New Orleans
840 So. 2d 620
La. Ct. App. 1st Cir. 2003
The City initiates its argument by a strenuous assertion of the manifest error standard of review supporting the trial court’s factual findings, citing the usual suspects:
- Rogers v. State 838 So. 2d 849 La. Ct. App. 1st Cir. 2003
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Kirklin v. Joseph
839 So. 2d 405
La. Ct. App. 1st Cir. 2003
Stobart v. State, Through DODT, Sistler v. Liberty Mutual Ins.
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Adams v. Chenault
836 So. 2d 1193
La. Ct. App. 2d Cir. 2003
Ms. Adams contends that because she had no headaches or neck pain prior to the accident
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Bonnette v. Conoco, Inc.
837 So. 2d 1219
La. 2003
at 882-83 ( (quoting Sistler v. Liberty Mutual Ins.
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Lay v. Vickers
836 So. 2d 525
La. Ct. App. 5th Cir. 2002
(La.1991); LaSalle v. Benson Car Co., Inc., 00-1459(La.App.
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Boren v. ABC Insurance Co.
834 So. 2d 1119
La. Ct. App. 2d Cir. 2002
The reviewing court must always keep in mind that, “if the | atrial court or jury’s findings are reasonable in light of the record reviewed in its entirety, the court of appeal may not reverse, even if convinced that had it been sitting as the trier of fact, it would have weighed the evidence differently.” Stobart, supra, (quoting Sistler v. Liberty Mutual Ins.
- Este v. Roussel 833 So. 2d 999 La. Ct. App. 4th Cir. 2002
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Lindsay v. USAA Property and Cas. Ins. Co.
830 So. 2d 335
La. Ct. App. 4th Cir. 2002
and found that the collision must have caused Mr. Lindsey's injury because there was no evidence to the contrary to rebut the presumption that the *338 accident was the cause of Mr. Lindsey's objective injuries.
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Updegraff v. STATE EX REL. DOTD
828 So. 2d 693
La. Ct. App. 4th Cir. 2002
See generally, , *699 1351 (La.1992); Sistler v. Liberty Mutual Ins.
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Updegraff v. State ex rel. Department of Transportation & Development
828 So. 2d 693
La. Ct. App. 1st Cir. 2002
See generally, *699 1351 (La.1992); Sistler v. Liberty Mutual Ins.
- Riley v. Maison Orleans II, Inc. 829 So. 2d 479 La. Ct. App. 4th Cir. 2002
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Kunofsky v. Davie Shoring, Inc.
828 So. 2d 1203
La. Ct. App. 1st Cir. 2002
Stobart v. State, Through DOTD, Sistler v. Liberty Mutual Ins.