Cited by
Opinions in Louisiana that cite White v. Monsanto Co., 585 So. 2d 1205.
- Cook v. American Gateway Bank 49 So. 3d 23 La. Ct. App. 1st Cir. 2010
- Lloyd v. Shady Lake Nursing Home, Inc. 47 So. 3d 609 La. Ct. App. 2d Cir. 2010
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Ronald Ables v. Frank C. Minvielle
La. Ct. App. 3d Cir. 2009
the court stated: The meaning of “intent” is that the person who acts either (1) consciously desires the physical result of his act, whatever the likelihood of that result happening from his conduct; or (2) knows that that result is substantially
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Ables v. Minvielle
22 So. 3d 1129
La. Ct. App. 1st Cir. 2009
the court stated: The meaning of “intent” is that the person who acts either (1) consciously desires the physical result of his act, whatever the likelihood of that result happening from his conduct; or (2) knows that that result is substantially certain to follow from his conduct, whatever his desire may b
- Solow v. Heard McElroy & Vestal, L.L.P. 7 So. 3d 1269 La. Ct. App. 2d Cir. 2009
- Brungardt v. Summitt 7 So. 3d 879 La. Ct. App. 1st Cir. 2009
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Roscoe v. Hastings
999 So. 2d 1218
La. Ct. App. 2d Cir. 2009
the Louisiana Supreme Court explained that a plaintiff seeking damages for intentional infliction of emotional distress must prove: (1) that the conduct of the defendant was extreme and outrageous; (2) that the emotional distress suffered by the plaintiff was severe; and (3) that the defendant desired to in
- Groff v. SOUTHWEST BEVERAGE CO., INC. 997 So. 2d 782 La. Ct. App. 3d Cir. 2008
- Robert Groff v. Southwest Beverage Co., Inc. La. Ct. App. 3d Cir. 2008
- Barringer v. Robertson 994 So. 2d 156 La. Ct. App. 1st Cir. 2008
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Kennedy-Fagan v. Estate of Graves
993 So. 2d 255
La. Ct. App. 1st Cir. 2008
Further, the trial court found that, even viewing the evidence in the light most favorable to the plaintiff-in-reconvention, Julie Fagan's actions were not extreme in degree or, quoting White , "beyond all possible bounds of decency and to be regarded as atrocious and utterly intolerable in a civilized community."
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White v. Golden
982 So. 2d 234
La. Ct. App. 2d Cir. 2008
the Louisiana Supreme Court explained that a plaintiff seeking damages for intentional infliction of emotional distress must prove: "(1) that the conduct of the defendant was extreme and outrageous; (2) that the emotional distress suffered by the plaintiff was severe and (3) *245 that the defendant desired
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Elta Moss v. Winfred Thomas Barrett III
La. Ct. App. 3d Cir. 2008
the plaintiff was severe; and (3) that the defendant desired to inflict severe emotional distress or knew that severe emotional distress would be 7 certain or substantially certain to result from his conduct.” LaBove v. Raftery, 00-1394, 00-1423, pp. 16-17 (La.11/28/01), ().
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Moss v. Barrett
977 So. 2d 310
La. Ct. App. 3d Cir. 2008
LaBove v. Raftely, 00-1394, 00-1423, pp. 16-17 (La.11/28/01), , ().
- Hankton v. City of New Orleans 973 So. 2d 851 La. Ct. App. 4th Cir. 2007
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Roton v. Vernon E. Faulconer, Inc.
966 So. 2d 790
La. Ct. App. 2d Cir. 2007
the court stated: The meaning of "intent" is that the person who acts either (1) consciously desires the physical result of his act, whatever the likelihood of that result happening from his conduct; or (2) knows that that result is substantially certain to follow from his conduct, whatever his desire may b
- Murray v. City of Baton Rouge 962 So. 2d 512 La. Ct. App. 1st Cir. 2007
- Ostrowiecki v. Aggressor Fleet, Ltd. 965 So. 2d 527 La. Ct. App. 4th Cir. 2007
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Louisiana Ag Credit v. Livestock Producers
954 So. 2d 883
La. Ct. App. 2d Cir. 2007
e Supreme Court stated: While each incident alleged by Ms. Bustamento may not necessarily be classified as "outrageous," when her allegations are viewed properly as a whole, consisting of a continuing flow of related acts, by the same actor, stretching across a two-year span, the cumulative effect of them could serve to render such actions "outrageous" and actionable under White [v. Monsanto Co., ].
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Spencer Bertrand v. Robert Moore
La. Ct. App. 3d Cir. 2007
In the Written Reasons for Judgment, the trial court defined this provision as follows: (La.
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Jimmy Vidrine v. Constructors, Inc.
La. Ct. App. 3d Cir. 2007
In the Written Reasons for Judgment, the trial court defined this provision as follows: (La.
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Malcolm Brasseaux v. Town of Church Point
La. Ct. App. 3d Cir. 2007
the court stated: [I]n order to recover for intentional infliction of emotional distress, a plaintiff must establish (1) that the conduct of the defendant was extreme and outrageous; (2) that the emotional distress suffered by the plaintiff was severe; and (3) that the defenda
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Brasseaux v. TOWN OF CHURCH POINT
951 So. 2d 522
La. Ct. App. 3d Cir. 2007
the court stated: [I]n order to recover for intentional infliction of emotional distress, a plaintiff must establish (1) that the conduct of the defendant was extreme and outrageous; (2) that the emotional distress suffered by the plaintiff was severe; and (3) that the defendant desired to inflict sev
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Martha Richard v. Michael Fruge
La. Ct. App. 3d Cir. 2007
: [I]n order to recover for intentional infliction of emotional distress, a plaintiff must establish (1) that the conduct of the defendant was extreme and outrageous; (2) that the emotional distress suffered by the plaintiff was severe; and (3) that the defendant desired to infl
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Delton Ray Coutee v. Rayland K. Beurlot
La. Ct. App. 3d Cir. 2006
a plaintiff must establish (1) that the conduct of the defendant was extreme and outrageous; (2) that the emotional distress suffered by the plaintiff was severe; and (3) that the defendant desired to inflict severe emotional distress or knew that severe emotional distress would be certain or substantially certain to result from his conduct.”
- Coutee v. Beurlot 943 So. 2d 637 La. Ct. App. 3d Cir. 2006
- Alvarez v. Clasen 946 So. 2d 181 La. Ct. App. 5th Cir. 2006
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Tarita Manor v. Abbeville General Hospital
La. Ct. App. 3d Cir. 2006
the supreme court explained the meaning of “intentional act” under Revised Statute 23:1032(B): [T]he person who acts either (1) consciously desires the physical result of his act, whatever the likelihood of that res
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Manor v. ABBEVILLE GENERAL HOSP.
940 So. 2d 888
La. Ct. App. 3d Cir. 2006
the supreme court explained the meaning of "intentional act" under Revised Statute 23:1032(B): [T]he person who acts either (1) consciously desires the physical result of his act, whatever the likelihood of that result happening from his conduct; or (2) knows that that result is substantially certain
- Almerico v. Dale 927 So. 2d 586 La. Ct. App. 1st Cir. 2006
- St. Germain v. Coulon 922 So. 2d 627 La. Ct. App. 5th Cir. 2006
- Whittington v. Kelly 917 So. 2d 688 La. Ct. App. 2d Cir. 2005
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Michael Joseph Viator v. Wendell R. Miller, Indiv. as in His Capacity as Judge for the 31st Judidical …
La. Ct. App. 3d Cir. 2005
l distress suffered by the plaintiff was severe; and (3) that the defendant desired to inflict severe emotional distress or knew that severe emotional distress would be certain or -6- substantially certain to result from his conduct.” LaBove v. Raftery, 00-1394, 00- 1493, pp. 16-17 (La.11/28/01), ().
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Viator v. Miller
900 So. 2d 1135
La. Ct. App. 3d Cir. 2005
LaBove v. Raftery, 00-1394, 00-1423, pp. 16-17 (La.11/28/01), , ().
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Clark v. Acco Systems, Inc.
899 So. 2d 783
La. Ct. App. 2d Cir. 2005
Co., 1999-2522 (La.08/31/00), , citing
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Alcorn v. City of Baton Rouge
898 So. 2d 385
La. Ct. App. 1st Cir. 2004
Bustamento, 607 So.2d at 538
- Baker v. LSU HEALTH SCIENCES CENTER 889 So. 2d 1178 La. Ct. App. 2d Cir. 2004
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Michael B. Sparks v. Mary Elizabeth Donovan
La. Ct. App. 3d Cir. 2004
11/22/02), a panel of this court observed that, in order to prevail in a cause of action for intentional infliction of emotional distress, a plaintiff must prove the following elements: “(1) that the conduct of the defendant was extreme and outrageous; (2) that the emotional distress suffered by the plaintiff
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Sparks v. Donovan
884 So. 2d 1276
La. Ct. App. 1st Cir. 2004
3 Cir. 7/10/02), , writ denied, 02-2378 *1282 (La.11/22/02), , a panel of this court observed that, in order to prevail in a cause of action for intentional infliction of emotional distress, a plaintiff must prove the following elements: “(1) that the conduct of the defendant was extreme and outrageous; (2) that the emotional distress suffered by the plaintiff wa
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Jarrell v. Miller
882 So. 2d 639
La. Ct. App. 2d Cir. 2004
art. 2315.6 (requiring severe, debilitating and foreseeable emotional distress for awards to persons who witness the injury of a relative); (awards for the tort of intentional infliction of emotional distress require proof that the conduct of defendant was extreme and outrageous and the emotional distress suffered by *649 plaintiff was severe); La.
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Martin v. Comm-Care Corp.
880 So. 2d 1020
La. Ct. App. 2d Cir. 2004
While we are allowing this bare claim to proceed
- Cathy Darden v. R. Craig Smith and the Ferriday Villa Partnership La. Ct. App. 3d Cir. 2004
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Darden v. Smith
879 So. 2d 390
La. Ct. App. 3d Cir. 2004
LaBove v. Raftery, 00-1394, p. 16-17 (La.11/28/01), , (La.
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Kevin H. James v. Red Simpson, Inc.
La. Ct. App. 3d Cir. 2003
the supreme court explained the meaning of “intentional act” under Revised Statute 23:1032(B): [T]he person who acts either (1) consciously desires the physical result of his act, whatever the likelihood of that res
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James v. Red Simpson, Inc.
856 So. 2d 115
La. Ct. App. 1st Cir. 2003
the supreme court explained the meaning of “intentional act” under Revised Statute 23:1032(13): [T]he person who acts either (1) consciously desires the physical result of his act, whatever the likelihood of that result happening from his conduct; or (2) knows that that result is substantially certain
- Cortes v. Lynch 846 So. 2d 945 La. Ct. App. 1st Cir. 2003
- King v. Phelps Dunbar, LLP 844 So. 2d 1012 La. Ct. App. 4th Cir. 2003
- Harris v. Federal Fibre Mills Condominium Ass'n 843 So. 2d 457 La. Ct. App. 1st Cir. 2003
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Singleton v. St. Charles Parish
833 So. 2d 486
La. Ct. App. 5th Cir. 2002
which set out the following principles: In order to recover for intentional infliction of emotional distress, a plaintiff must establish that the conduct of the defendant was extreme and outrageous, that the emotional distress suffered by the plaintiff was severe, and that the defendant desired to inflict s
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Cole v. Department of Public Safety
825 So. 2d 1134
La. 2002
Mouton v. Blue Marlin Specialty Tools, Inc., 2001-648 (La.App.