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Cited by

Opinions in Louisiana that cite Guidry v. Frank Guidry Oil Co., 579 So. 2d 947.

33 citing documents.

  • Ricks v. City of Shreveport 968 So. 2d 863 La. Ct. App. 2d Cir. 2007
    She submits that her misstep was only a momentary lapse of attention, similar to the plaintiff who lit a cigarette while pumping diesel fuel contaminated with gasoline and was found only 10%
  • Fleniken v. Entergy Corp. 780 So. 2d 1175 La. Ct. App. 1st Cir. 2001
    -954 (La.1991), it had held that the workers' compensation principle made the concept of employer fault excludable in tort actions against third-party tortfeasors.
  • Jackson v. America's Favorite Chicken Co. 778 So. 2d 1257 La. Ct. App. 4th Cir. 2001
    and Gauthier v. O’Brien, that once an employer’s negligence is quantified, it is disregarded, because of statutory immunity, and the liability of the plaintiff and remaining defendant(s) is determined in proportion to their own negligence.
  • Dennis v. the Finish Line, Inc. 781 So. 2d 12 La. Ct. App. 1st Cir. 2000
    [12] There is a line of cases suggesting that, when a court has erroneously allocated fault to a party, the reallocation of fault among the remaining tortfeasors should be accomplished by using a "ratio approach," and cited with approval in Cavalier v. Cain's Hydrostatic Testing, Inc., 94-1496 (La.6/30/95), .
  • Grayson v. RB Ammon and Associates, Inc. 778 So. 2d 1 La. Ct. App. 1st Cir. 2000
    *18 -954 (La.1991), it had held that the worker's compensation principle made the concept of employer fault excludable in tort actions against third-parties tortfeasors.
  • Johnson v. Rogers & Phillips, Inc. 753 So. 2d 286 La. Ct. App. 4th Cir. 1999
    ON APPLICATION FOR REHEARING KIRBY, J. Plaintiff, Leonard Johnson, applies for a rehearing asserting that in our original opinion we failed to disregard the proportion of fault assessed to Plaintiffs statutorily immune co-employee and real-lot fault of all other blameworthy parties
  • Wingfield v. State ex rel. Department of Transportation & Development 716 So. 2d 164 La. Ct. App. 1st Cir. 1998
    In Cavalier, the supreme court revisited Gau-thier, rejected its holding, (La.
  • Keith v. US Fidelity & Guar. Co. 694 So. 2d 180 La. 1997
    we held that the worker's compensation principle made the concept of employer fault excludable in tort actions against third-party tortfeasors.
  • Moore v. Safeway, Inc. 700 So. 2d 831 La. Ct. App. 1st Cir. 1996
    after the jury had erroneously quantified employer fault, this court determined the proportionate degrees of fault between the contributor[ily] negligent plaintiff and the third party tortfeasor, and assessed liability accordingly.
  • Thornhill v. STATE DEPT. OF TRANSP. 676 So. 2d 799 La. Ct. App. 1st Cir. 1996
    Cavalier v. Cain's Hydrostatic Testing, Inc., 657 So.2d at 984 ; [15] .
  • Couvillion v. Shelter Mut. Ins. Co. 672 So. 2d 277 La. Ct. App. 1st Cir. 1996
    Accordingly, the 15% fault assessed to Kimble must be stricken, and cited with approval in Cavalier.
  • Ventress v. Union Pacific RR Co. 666 So. 2d 1210 La. Ct. App. 4th Cir. 1996
    after the jury had erroneously quantified employer fault, this court determined the proportionate degrees of fault between the contributory negligent plaintiff and the third party tortfeasor, and assessed liability accordingly.
  • Stockstill v. CF Industries, Inc. 665 So. 2d 802 La. Ct. App. 1st Cir. 1995
    See Cavalier, 94-1496 at p. 14, 657 So.2d at 984 ; (La.
  • Duplantis v. Danos 664 So. 2d 1383 La. Ct. App. 1st Cir. 1995
    Cavalier v. Cain's Hydrostatic Testing, Inc., 657 So.2d at 984
  • Cavalier v. Cain's Hydrostatic Testing, Inc. 657 So. 2d 975 La. 1995
    So.2d 825 (La.1993) that employer fault must be quantified by the jury in order to enable the jury to reach a fair determination of the relative fault of all blameworthy persons, but that the judge then must disregard the employer's fault and reallocate fault among the remaining blameworthy persons on a for cases arising prior to the 1987 amendment to La.Civ.Code art. 2324B.
  • Delery v. Prudential Ins. Co. of America 643 So. 2d 807 La. Ct. App. 4th Cir. 1994
    Ayrshire, on the other hand, argues that quantification and reallocation of employer fault was erroneous because the accident occurred prior to the 1987 amendment to Civil Code Article 2324, and the interpretative law at that time held that employer fault should not be considered, and Melton v. General Electric Company, Inc.
  • Sledge v. Continental Cas. Co. 639 So. 2d 805 La. Ct. App. 2d Cir. 1994
    In an apparent effort to avoid the wrongful death award being proportionally reduced by any fault on the decedent's part, (La.
  • Ball v. Bossier Rural Electric Membership Corp. 640 So. 2d 1382 La. Ct. App. 2d Cir. 1994
  • Myers v. Burger King Corp. 638 So. 2d 369 La. Ct. App. 4th Cir. 1994
    wherein the Court held that LSA-C.C.
  • Cavalier v. Cain's Hydrostatic Testing, Inc. 637 So. 2d 724 La. Ct. App. 1st Cir. 1994
    In support of this contention, (La.
  • David v. Cajun Painting, Inc. 631 So. 2d 1176 La. Ct. App. 5th Cir. 1994
    See: Melton v. General Electric Co, Inc., -452 (La.1991).
  • Crane v. Exxon Corp., U.S.A. 633 So. 2d 636 La. Ct. App. 1st Cir. 1993
    that employer fault should not be quantified.
  • Gauthier v. O'BRIEN 618 So. 2d 825 La. 1993
  • Young v. Armadores De Cabotaje, SA 617 So. 2d 517 La. Ct. App. 4th Cir. 1993
    However, and Melton v. General Electric Co., Inc., the Louisiana Supreme Court rejected the idea that in a suit by an employee against a third-party tortfeasor, La.C.C.P.
  • Williams v. Sewerage & Water Bd. of NO 611 So. 2d 1383 La. 1993
    [5] a case which arose prior to the 1987 amendment to La.C.C.
  • Gauthier v. O'BRIEN 606 So. 2d 915 La. Ct. App. 3d Cir. 1992
  • Cox v. Glazer Steel Corp. 606 So. 2d 518 La. 1992
  • Grow v. Transocean Contractors, Inc. 610 So. 2d 830 La. Ct. App. 1st Cir. 1992
    wherein the court stated: In the employee/employer bargain of a worker's compensation scheme, the employee surrenders the possibility of tort recovery for the certainty of compensation and the employer receives tort immunity in exchange for paying compensation."
  • Graves v. Lou Ana Foods, Inc. 604 So. 2d 150 La. Ct. App. 3d Cir. 1992
    Co., Inc., the Louisiana Supreme Court held that in cases arising before the 1987 amendment to LSA-C.C.
  • Jarreau v. City of Baton Rouge 602 So. 2d 1124 La. Ct. App. 1st Cir. 1992
    [5] to the effect that a statutorily immune employer's negligence should not be considered or quantified in a suit by the employee against a third-party tortfeasor.
  • Easton v. Chevron Industries, Inc. 602 So. 2d 1032 La. Ct. App. 4th Cir. 1992
    See also Guidry v. Frank Guidry Oil Company, et al., in which both the employee and employer were at fault, yet the Supreme Court determined that the trial court erred in requiring the jury to assess and compare the fault of the employer with a third party *1040 tortfeasor.
  • Cosse v. Allen-Bradley Co. 601 So. 2d 1349 La. 1992
  • Cox v. Glazer Steel Corp. 592 So. 2d 425 La. Ct. App. 1st Cir. 1991