Cited by
Opinions in Louisiana that cite Housley v. Cerise, 579 So. 2d 973.
- Saunders v. ANPAC LOUISIANA INS. CO. 988 So. 2d 896 La. Ct. App. 2d Cir. 2008
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Ostarly v. Ostarly
988 So. 2d 276
La. Ct. App. 1st Cir. 2008
see also Thomson v. Thomson, 07-988, p. 4-5 (La.App.
- Brooks v. Wiley 985 So. 2d 1269 La. Ct. App. 1st Cir. 2008
- MacK v. Wiley 991 So. 2d 479 La. Ct. App. 1st Cir. 2008
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Cannet v. Franklynn Pest Control Co., Inc.
985 So. 2d 270
La. Ct. App. 5th Cir. 2008
Maranto v. Goodyear Tire & Rubber Co., 94-2603 (La.2/20/95), .
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Ruiz v. Guette
983 So. 2d 959
La. Ct. App. 4th Cir. 2008
( citing, Smith, 523 So.2d at 822 ; Hastings, 498 So.2d at 720 ).
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Doris Saunier v. Lacye Nolan
La. Ct. App. 3d Cir. 2008
and Development, Sistler v. Liberty Mutual Ins.
- Gerald v. Gomez 978 So. 2d 1257 La. Ct. App. 1st Cir. 2008
- Thomson v. Thomson 978 So. 2d 509 La. Ct. App. 3d Cir. 2008
- Stephen Scull Thomson v. Lily Marie Steel Thomson La. Ct. App. 3d Cir. 2008
- Dufrene v. Gautreau Family, LLC 980 So. 2d 68 La. Ct. App. 5th Cir. 2008
- Boxie v. Smith-Ruffin 979 So. 2d 539 La. Ct. App. 5th Cir. 2008
- Bittner v. Scott 980 So. 2d 5 La. Ct. App. 5th Cir. 2008
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Woolfolk v. TRISM, INC.
976 So. 2d 216
La. Ct. App. 4th Cir. 2008
Whether an accident caused a person's injuries is a question of fact which should not be reversed on appeal absent manifest error.
- Jennings Guest House v. Jayme Gibson La. Ct. App. 3d Cir. 2007
- Jennings Guest House v. Gibson 971 So. 2d 506 La. Ct. App. 3d Cir. 2007
- Sawyer v. Christiana 973 So. 2d 72 La. Ct. App. 5th Cir. 2007
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Venissat v. St. Paul Fire & Marine Ins. Co.
968 So. 2d 1063
La. Ct. App. 3d Cir. 2007
They also allege that the trial court committed reversible, legal error by failing to provide the jury with the instruction of law, which states that a person is entitled to a presumption that a disability resulted from an accident, if the person was in good health prior to the accident, but thereafter continuously manifests a disabling injury, and the medical evidence reasonably supports the possibility of such a causal link.
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Palm v. ENCOMPASS INS. CO. OF AMERICA
970 So. 2d 1090
La. Ct. App. 5th Cir. 2007
See generally, Sistler v. Liberty Mutual Ins.
- Lee J. Stagg v. National Automotive Ins. Co. La. Ct. App. 3d Cir. 2007
- Camo Construction Co., Inc. v. Town of Vidalia La. Ct. App. 3d Cir. 2007
- CAMO CONST. CO., INC. v. Town of Vidalia 966 So. 2d 796 La. Ct. App. 3d Cir. 2007
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Theodore Venissat v. St. Paul Fire & Marine Ins. Co.
La. Ct. App. 3d Cir. 2007
They also allege that the trial court committed reversible, legal error by failing to provide the jury with the instruction of law, which states that a person is entitled to a presumption that a disability resulted from an accident, if the person was in good health prior to the accident, but thereafter continuously manifests a disabling injury, and the medical evidence reasonably supports the possibility of such a causal link.
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Charles Layssard v. State of La., Dept. of Public Safety and Corrections
La. Ct. App. 3d Cir. 2007
created a presumption that aids a plaintiff in proving that there is a causal link 8 between an accident and subsequent injury.
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Layssard v. STATE, DEPART. OF PUBLIC SAFETY
963 So. 2d 1053
La. Ct. App. 3d Cir. 2007
created a presumption that aids a plaintiff in proving that there is a causal link between an accident and subsequent injury.
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Marie Langlinais v. Dr. Richard Dearman
La. Ct. App. 3d Cir. 2007
at 882-83 () (quoting 3 Sistler v. Liberty Mutual Ins.
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Langlinais v. Dearman
957 So. 2d 945
La. Ct. App. 3d Cir. 2007
at 882-83 () (quoting Sistler v. Liberty Mutual Ins.
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Littleton v. Richardson Medical Center
954 So. 2d 812
La. Ct. App. 2d Cir. 2007
hnThis rule, has become known as the “Housley presumption.” The application of this presumption to the facts is itself a question of fact subject to manifest error review.
- Pena v. Delchamps, Inc. 960 So. 2d 988 La. Ct. App. 1st Cir. 2007
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Leighow v. Crump
960 So. 2d 122
La. Ct. App. 1st Cir. 2007
Finally, in addition to my opinion that the evidence in the record established conclusively that the incident at Kean's caused Ms. Leighow to suffer from vestibular dysfunction, I also find that the established, that a medical condition producing disability is presumed to have resulted from an accident if, before the accident, the injured person was in good health, but shortly after the accident, the disabling condition manifested itself, providing *132 that the medical evidence shows there to b
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Rabalais v. Nash
952 So. 2d 653
La. 2007
and Development, Sistler v. Liberty Mutual Ins.
- Arnold v. Hancock 950 So. 2d 911 La. Ct. App. 3d Cir. 2007
- Roger R. Arnold v. Donald S. Hancock La. Ct. App. 3d Cir. 2007
- River Garden Apartments v. Horton 948 So. 2d 396 La. Ct. App. 1st Cir. 2007
- River Garden Apartments v. Horton 948 So. 2d 399 La. Ct. App. 1st Cir. 2007
- Coleman v. Townsend 948 So. 2d 369 La. Ct. App. 1st Cir. 2007
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Detraz v. Lee
950 So. 2d 557
La. 2007
The trial court instructed the jury on the elements of negligence, then instructed the jury that Ms. Detraz was entitled to a
- Ridgeway v. Pierre 950 So. 2d 884 La. Ct. App. 4th Cir. 2007
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MacHelle D. Hardison v. Buffet Pizza Co., LLC
La. Ct. App. 3d Cir. 2007
Nonetheless, this Court has emphasized that “the 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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Mulreany v. Williams
945 So. 2d 291
La. Ct. App. 2d Cir. 2006
Additionally, in which the Louisiana Supreme Court stated that a claimant’s disability is presumed to have resulted from an accident if the injured person was in good health before the accident, the symptoms of the injury appeared and continually manifested themselves afterwards, and the medical evidence supported a reas
- Jordan v. Vice 943 So. 2d 1278 La. Ct. App. 3d Cir. 2006
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Robert C. Jordan v. Zoie R. Vice
La. Ct. App. 3d Cir. 2006
Courts are not obligated to give the specific jury instructions submitted by the parties, but omission of a requested instruction containing an essential legal principal [sic] may constitute reversible 1
- Baker v. Speedway Super America, LLC 951 So. 2d 220 La. Ct. App. 1st Cir. 2006
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Terry v. RED RIVER CENTER CORP.
942 So. 2d 1238
La. Ct. App. 2d Cir. 2006
Stobart v. State, Through DOTD, Sistler v. Liberty Mutual Ins.
- Allie Mae Bruce v. Rapides Regional Medical Center La. Ct. App. 3d Cir. 2006
- Walter Randall v. the Rapides Foundation D/B/A Rapides Reg. Med. Center La. Ct. App. 3d Cir. 2006
- Bullock v. the Rapides Foundation 941 So. 2d 170 La. Ct. App. 3d Cir. 2006
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Edwards v. LCR-M CORP., INC.
936 So. 2d 233
La. Ct. App. 2d Cir. 2006
Stobart v. State, Through DOTD, Sistler v. Liberty Mutual Ins.
- Wade v. TEACHERS'RETIREMENT SYSTEM OF LOUISIANA 938 So. 2d 103 La. Ct. App. 1st Cir. 2006
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Hall v. Pipkin
930 So. 2d 354
La. Ct. App. 2d Cir. 2006
Stobart v. State, Through DOTD, Sistler v. Liberty Mutual Ins.