Cited by

Opinions in Louisiana that cite Oster v. Dept. of Transp. & Development, 582 So. 2d 1285.

151 citing documents.

Solito v. Horseshoe Entertainment 834 So. 2d 610 La. Ct. App. 2d Cir. 2002
Updegraff v. STATE EX REL. DOTD 828 So. 2d 693 La. Ct. App. 4th Cir. 2002
Updegraff v. State ex rel. Department of Transportation & Development 828 So. 2d 693 La. Ct. App. 1st Cir. 2002
Johnson v. Entergy Corp. 827 So. 2d 1234 La. Ct. App. 2d Cir. 2002
and Development, State of La.
Capone v. Ormet Corp. 822 So. 2d 684 La. Ct. App. 1st Cir. 2002
In Oster v. Department of Transportation and Development, State of Louisiana, -1290 (La.1991) appears the following: We begin by recognizing, as did the court of appeal, that the drainage ditch in question serves a useful purpose.
Baker v. Murphy Oil USA, Inc. 816 So. 2d 329 La. Ct. App. 4th Cir. 2002
and Development, State of La., “As to the area off the shoulder of the road, but within the right of way, DOTD owes a duty to maintain the land in such a condition that it does not present an unreasonable risk of harm to motorists using the adjacent roadway or to others, such as pedestrians, who are using the area in a reasonably prudent
Vallien v. State Ex Rel. Dept. of Transp. and Dev. 812 So. 2d 894 La. Ct. App. 3d Cir. 2002
Vinccinelli v. Musso 818 So. 2d 163 La. Ct. App. 1st Cir. 2002
and Development, State of La.
Darbone v. State 815 So. 2d 943 La. Ct. App. 3d Cir. 2002
Brisbon v. Rhodes Funeral Home, Inc. 814 So. 2d 584 La. Ct. App. 1st Cir. 2001
Oster v. Dept. of Transportation & Development, (footnote and citations omitted).
Adams v. Parish of East Baton Rouge 804 So. 2d 679 La. Ct. App. 1st Cir. 2001
Oster v. Department of Transportation and Development, State of Louisiana
Shavers v. CITY OF BATON ROUGE, ETC. 807 So. 2d 883 La. Ct. App. 1st Cir. 2001
Oster v. Department of Transportation and Development, State of Louisiana, (La.
Wiley v. Sanders 796 So. 2d 51 La. Ct. App. 2d Cir. 2001
art. 2315; Oster v. Department of Transportation & Development
Holmes v. Harper 786 So. 2d 245 La. Ct. App. 2d Cir. 2001
& Dev., State of La., (La.
Lasyone v. Kansas City Southern RR 786 So. 2d 682 La. 2001
Snearl v. Mercer 780 So. 2d 563 La. Ct. App. 1st Cir. 2001
Co., 97-1344, p. 3 (La.3/4/98), ; -91 (La.1991).
Odom v. City of Lake Charles 790 So. 2d 51 La. Ct. App. 3d Cir. 2001
Oster v. Department of Transportation and Development, State of Louisiana
Dennis v. the Finish Line, Inc. 781 So. 2d 12 La. Ct. App. 1st Cir. 2000
Mayfield v. State ex rel. Department of Transportation & Development 770 So. 2d 519 La. Ct. App. 1st Cir. 2000
& Dev., Sistler v. Liberty Mutual Ins.
Kibodeaux v. Clifton 771 So. 2d 112 La. Ct. App. 1st Cir. 2000
Cuevas v. City of New Orleans 769 So. 2d 82 La. Ct. App. 4th Cir. 2000
Oster v. Department of Transportation and Development, State of Louisiana
Ruttley v. Lee 761 So. 2d 777 La. Ct. App. 5th Cir. 2000
Gray v. State Ex Rel. DOTD 761 So. 2d 760 La. Ct. App. 5th Cir. 2000
Cortez v. Zurich Ins. Co. 752 So. 2d 957 La. Ct. App. 1st Cir. 1999
& Dev., State of Louisiana, Cazes v. Parish of West Baton Rouge, 97-2824, p.3 (La.App.
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
Sevario v. State Ex Rel. Dept. of Transp. 752 So. 2d 221 La. Ct. App. 1st Cir. 1999
Oster v. Department of Transportation and Development, State of Louisiana
Farbe v. Casualty Reciprocal Exchange 746 So. 2d 228 La. Ct. App. 1st Cir. 1999
Oster v. State, Through DOTD
Netecke v. State Ex Rel. DOTD 747 So. 2d 489 La. 1999
Williams v. Leonard Chabert Medical Center 744 So. 2d 206 La. Ct. App. 1st Cir. 1999
Oster v. Department of Transportation and Development, State of Louisiana
Cormier v. Comeaux 748 So. 2d 1123 La. 1999
and Development, State of La., (where off road motorcyclist hit a drainage ditch within DOTD's right of way, DOTD not liable because DOTD has no duty to maintain every inch of property within its control neatly mowed or face the prospect of tort liability).
Guerra v. White 755 So. 2d 894 La. Ct. App. 4th Cir. 1999
and Development, State of La., the supreme court stated that the "unreasonable risk of harm criterion entails a myriad of considerations and cannot be applied mechanically."
Norton v. Claiborne Elec. Co-Op, Inc. 732 So. 2d 1256 La. Ct. App. 2d Cir. 1999
Fazande v. City of New Orleans 729 So. 2d 738 La. Ct. App. 1st Cir. 1999
Ebarb v. Guinn Bros., Inc. 728 So. 2d 487 La. Ct. App. 2d Cir. 1999
Cazes v. Parish of West Baton Rouge 744 So. 2d 54 La. Ct. App. 1st Cir. 1998
& Dev., State of Louisiana, Morell v. City of Breaux Bridge, 94-1378, p. 3 (La.App.
Robin v. Mississippi Fast Freight Co. 744 So. 2d 42 La. Ct. App. 1st Cir. 1998
Oster v. Department of Transportation and Development, State of Louisiana
Dufrene v. Willingham 721 So. 2d 1026 La. Ct. App. 5th Cir. 1998
Banks v. State Farm Ins. Co. 717 So. 2d 687 La. Ct. App. 2d Cir. 1998
& Development, , (La.1991), the Louisiana Supreme Court discussed the difference between negligence and strict liability: In essence, the only difference between the negligence theory of recovery and the strict liability theory of recovery is that the plaintiff need not prove the defendant was aware of the existence of the "defect"
Explained Cormier v. Comeaux 714 So. 2d 943 La. Ct. App. 1st Cir. 1998
Crockett v. Cardona 713 So. 2d 802 La. Ct. App. 4th Cir. 1998
Oster v. Department of Transportation and Development, State of Louisiana
Fireman's Fund Ins. Co. v. Browning-Ferris Industries 714 So. 2d 168 La. Ct. App. 1st Cir. 1998
& Dev., Rich v. Tench Elec.
Aucoin v. State Through Dept. of Transp. and Dev. 712 So. 2d 62 La. 1998
Jackson v. Beasley 712 So. 2d 162 La. Ct. App. 2d Cir. 1998
Aetna Cas. & Surety Co. v. State Through Dept. of Transp. and Dev. 712 So. 2d 216 La. Ct. App. 1st Cir. 1998
Netecke v. State ex rel. DOTD 715 So. 2d 439 La. Ct. App. 1st Cir. 1998
& Dev., State of Louisiana
Reed v. Wal-Mart Stores, Inc. 708 So. 2d 362 La. 1998
Varnell v. Louisiana Tech University 709 So. 2d 890 La. Ct. App. 2d Cir. 1998
& Dev., Maxwell v. Board, supra.
Bostwick v. MAPP Industries, Inc. 707 So. 2d 441 La. Ct. App. 5th Cir. 1997
Oster v. Dept. Of Transportation & Development
Bison v. Primrose 705 So. 2d 249 La. Ct. App. 2d Cir. 1997

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