Cited by
Opinions in Louisiana that cite Oster v. Dept. of Transp. & Development, 582 So. 2d 1285.
- Graves v. Page 703 So. 2d 566 La. 1997
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Grissette v. Thomas
704 So. 2d 1215
La. Ct. App. 1st Cir. 1997
Oster v. Dept. of Transportation & Development, Sistler v. Liberty Mutual Ins.
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Goodliffe v. State ex rel. Department of Transportation & Development
702 So. 2d 36
La. Ct. App. 2d Cir. 1997
Myers v. State Farm Mutual Auto.
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Townley v. City of Iowa
702 So. 2d 323
La. Ct. App. 3d Cir. 1997
Persilver at 1350 ; quoting Oster v. Department of Transportation and Development, State of Louisiana
- Lee v. STATE, THROUGH DEPT. OF TRANSP. AND DEV. 701 So. 2d 676 La. 1997
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Blanchard v. STATE, THROUGH PARKS & REC. COM'N
702 So. 2d 768
La. Ct. App. 3d Cir. 1997
Maxwell v. Board of Trustees for State Colleges and Universities, 96-1207 (La.App.
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Blanchard v. State ex rel. Parks & Recreation Commission
702 So. 2d 768
La. Ct. App. 1st Cir. 1997
Maxwell v. Board of Trustees for State Colleges and Universities, 96-1207 (La.App.
- Owens v. Concordia Elec. Co-Op., Inc. 699 So. 2d 434 La. Ct. App. 3d Cir. 1997
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Lee v. Magnolia Garden Apartments
694 So. 2d 1142
La. Ct. App. 1st Cir. 1997
Oster v. Department of Transportation and Development, State of Louisiana, Batiste, 634 So.2d at 896 .
- Ebarb v. Guinn Bros. Inc. 691 So. 2d 228 La. Ct. App. 2d Cir. 1997
- Maxwell v. Board of Trustees 692 So. 2d 641 La. Ct. App. 3d Cir. 1997
- Migues v. City of Lake Charles 682 So. 2d 946 La. Ct. App. 3d Cir. 1996
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Gray v. Economy Fire & Cas. Ins. Co.
682 So. 2d 966
La. Ct. App. 3d Cir. 1996
& Development, 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" un
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Sallis v. City of Bossier City
680 So. 2d 1333
La. Ct. App. 2d Cir. 1996
Oster v. Dept. of Transportation and Development, State of Louisiana, Lutz v. City of Shreveport, 25,801 (La.App.
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Summerville v. Louisiana Nursery Outlet, Inc.
676 So. 2d 238
La. Ct. App. 1st Cir. 1996
-89 (La.1991); Batiste, 634 So.2d at 896 .
- Mix v. Krewe of Petronius 675 So. 2d 792 La. Ct. App. 4th Cir. 1996
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Jones v. Peyton Place, Inc.
675 So. 2d 754
La. Ct. App. 4th Cir. 1996
Oster v. Dept. of Transportation & Development, (footnote and citations omitted).
- Shephard ex rel. Shephard v. Scheeler 674 So. 2d 1135 La. Ct. App. 1st Cir. 1996
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Gibson v. STATE EX REL. DEPT. OF TRANSP. & DEV.
674 So. 2d 996
La. Ct. App. 1st Cir. 1996
Oster v. Dept. of Transp., & Dev.
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Gibson v. State ex rel. Department of Transportation & Development
674 So. 2d 996
La. Ct. App. 1st Cir. 1996
Oster v. Dept. of Transp., & Dev.
- Miller v. STATE, DOTD 679 So. 2d 134 La. Ct. App. 3d Cir. 1996
- Moncla v. Albertson's Inc. 670 So. 2d 316 La. Ct. App. 3d Cir. 1996
- Tullis v. Rapides Parish Police Jury 670 So. 2d 245 La. Ct. App. 3d Cir. 1996
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Hebert v. Southwest La. Elec. Mem. Corp.
667 So. 2d 1148
La. Ct. App. 3d Cir. 1995
and Development, (La.App.
- Phipps v. Amtrak 666 So. 2d 341 La. Ct. App. 1st Cir. 1995
- White v. Louviere 664 So. 2d 603 La. Ct. App. 3d Cir. 1995
- Green v. City of Thibodaux 671 So. 2d 399 La. Ct. App. 1st Cir. 1995
- Ortego v. Jefferson Davis Parish School Bd. 657 So. 2d 378 La. Ct. App. 3d Cir. 1995
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Morell v. City of Breaux Bridge
660 So. 2d 882
La. Ct. App. 3d Cir. 1995
& Development, *884 (La.App.
- Tillman v. Johnson 652 So. 2d 605 La. Ct. App. 1st Cir. 1995
- Scantlin v. State Farm Ins. Co. 652 So. 2d 640 La. Ct. App. 1st Cir. 1995
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Bessard v. State, Dept. of Transp. and Development
645 So. 2d 1134
La. 1994
& Development, , *1138 1288 (La.1991); Myers v. State Farm Mutual Auto Ins.
- DeLaughter v. West Jefferson Levee District 646 So. 2d 506 La. Ct. App. 1st Cir. 1994
- Townsend v. Westinghouse Elevator Corporation 641 So. 2d 1022 La. Ct. App. 2d Cir. 1994
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Theriot v. Lasseigne
640 So. 2d 1305
La. 1994
Oster v. Department of Transportation & Development, Sistler v. Liberty Mutual Ins.
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Nicks v. Teche Elec. Co-Op. Inc.
640 So. 2d 723
La. Ct. App. 3d Cir. 1994
In concluding that Teche's actions were a cause-in-fact of plaintiffs' injuries and that Teche owed a duty to keep the "clear recovery area" free of obstructions, the trial court relied principally upon Oster v. State, DOTD
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Lutz v. City of Shreveport
637 So. 2d 636
La. Ct. App. 2d Cir. 1994
1288 n. 4 (La.1991); , 164 n. 10 (La.App.
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Krebs v. Roemer
636 So. 2d 1010
La. Ct. App. 1st Cir. 1994
at 1349-50 (quoting Oster v. Department of Transportation and Development, State of Louisiana, ).
- Fisher v. River Oaks, Ltd. 635 So. 2d 1209 La. Ct. App. 5th Cir. 1994
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Batiste v. Bevan
634 So. 2d 893
La. Ct. App. 1st Cir. 1993
*896 Oster v. Department of Transportation and Development, State of Louisiana
- Landry v. City of Abbeville 625 So. 2d 655 La. Ct. App. 3d Cir. 1993
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Burton v. Housing Authority of New Orleans, Inc.
623 So. 2d 243
La. Ct. App. 1st Cir. 1993
See generally, (in property owner liability eases, strict liability differs from negligence in not requiring that defendant knew or should have known of unreasonably dangerous condition).
- Tillman v. Johnson 612 So. 2d 70 La. 1993
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Tillman v. Johnson
610 So. 2d 866
La. Ct. App. 1st Cir. 1993
Oster v. Department of Transportation & Development
- Chaisson v. J.J.D. Inc. 613 So. 2d 308 La. Ct. App. 1st Cir. 1993
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Bergeron v. Southeastern Louisiana University
610 So. 2d 986
La. Ct. App. 1st Cir. 1992
In discussing the difference between these two theories of negligence, stated: LEGAL PRINCIPLES Plaintiff brought this suit essentially under negligence and strict liability theories.
- Pool v. City of Shreveport 607 So. 2d 861 La. Ct. App. 2d Cir. 1992
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Uhrbach v. Lin
601 So. 2d 755
La. Ct. App. 1st Cir. 1992
Oster v. Department of Transportation and Development, State of Louisiana
- Thomas v. Petrolane Gas Service Ltd. 588 So. 2d 711 La. Ct. App. 2d Cir. 1991
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Putman v. Gulf States Utilities
588 So. 2d 1223
La. Ct. App. 1st Cir. 1991
When determining the existence or scope of a duty, a court “should consider a broad range of social, economic, and moral factors including the cost to the defendant of avoiding the risk and the social utility of the plaintiff’s conduct at the time of the accident.” Oster v. Department of Transportation and Development, State of Louisiana, (La.