Cited by

Opinions in Louisiana that cite Mundy v. Dept. of Health & Human Res., 620 So. 2d 811.

170 citing documents.

Harvey ex rel. Bates v. T.H.E. Insurance 764 So. 2d 354 La. Ct. App. 1st Cir. 2000
Mundy v. Dep’t. of Health & Human Resources
Ledet v. Doe 762 So. 2d 242 La. Ct. App. 5th Cir. 2000
Carver, Inc. v. Dixon 759 So. 2d 316 La. Ct. App. 2d Cir. 2000
Peterson v. Gibraltar Savings & Loan, 98-1601, 98-1609, p. 7 (La.5/18/99), ; Mundy v. Dep’t of Health & Human Resources, Faucheaux v. Terrebonne Consol.
Truelove v. Bissic 754 So. 2d 377 La. Ct. App. 1st Cir. 2000
Carroll v. State Farm Fire and Casualty, 31,652 (La.App.2d Cir.5/5/99), ; Mathieu v. Imperial Toy Corporation, 94-0952 (La.
Kelly v. Riles 751 So. 2d 302 La. Ct. App. 5th Cir. 1999
Posecai v. Wal-Mart Stores, Inc. 752 So. 2d 762 La. 1999
& Loan, 98-1601, 98-1609, p. 7 (La.5/18/99), ; Mundy v. Dep't of Health & Human Resources, Faucheaux v. Terrebonne Consol.
Ditch v. State ex rel. Department of Transportation & Development 745 So. 2d 1279 La. Ct. App. 1st Cir. 1999
Duncan v. Kansas City Southern Ry. Co. 747 So. 2d 656 La. Ct. App. 3d Cir. 1999
Syrie v. Schilhab, 96-1027, p. 4-5 (La.5/20/97), -77 ; Berry v. State, 93-2748, p. 4 (La.5/23/94), , 414; Mundy v. Department of Health & Human Resources
Eason v. Finch 738 So. 2d 1205 La. Ct. App. 2d Cir. 1999
App. 4th Cir.1992), affirmed, Coblentz v. North Peters Parking, Inc., supra .
Patrick v. Employers Mut. Cas. Co. 745 So. 2d 641 La. Ct. App. 3d Cir. 1999
Mundy v. Department of Health & Human Resources
Posecai v. Wal-Mart Stores, Inc. 731 So. 2d 438 La. Ct. App. 5th Cir. 1999
Peterson v. Gibraltar Sav. and Loan 733 So. 2d 1198 La. 1999
ail in a negligence action, a plaintiff must prove: 1) the conduct in question was the cause-in-fact of the resulting harm; 2) defendant owed a duty of care to plaintiff; 3) the requisite duty was breached by the defendant; *1204 4) the risk of harm was within the scope of protection afforded by the duty breached Mundy v. The Department of Health and Human Resources, et al., 92-3251 (La.6/17/93), ; Faucheaux v. Terrebonne Consolidated Government, 92-0930 (La.2/22/93), , rehearing denied 3/25/93;
Thielmier v. Louisiana Riverboat Gaming 732 So. 2d 620 La. Ct. App. 2d Cir. 1999
Durham v. Stevens Transport, Inc. 731 So. 2d 451 La. Ct. App. 1st Cir. 1999
Oberling v. Jacobs 730 So. 2d 990 La. Ct. App. 1st Cir. 1999
Green, 676 So.2d at 236 .
Burkett v. Crescent City Connection 730 So. 2d 479 La. Ct. App. 4th Cir. 1999
4 Cir.1992), writ granted, affirmed
Panyanouvong v. T & H Convenience Store, Inc. 734 So. 2d 9 La. Ct. App. 1st Cir. 1998
|34) The trial court committed legal error by including a jury instruction regarding T & H Convenience Store, Inc.’s alleged assumption of duty under Mundy vs. Department of Health & Human Resources
Asbestos v. Bordelon, Inc. 726 So. 2d 926 La. Ct. App. 4th Cir. 1998
4 Cir.1992), writ granted, , affirmed ; see also J.A.G.
Daye v. General Motors Corp. 720 So. 2d 654 La. 1998
Id; Berry v. State, Through Dept. of Health and Human Resources, 93-2748 (La.5/23/94), ; Mundy v. Dept. of Health and Human Resources, 92-3251 (La.6/17/93), .
Ludwig v. Jefferson Performing Arts Society 714 So. 2d 1268 La. Ct. App. 1st Cir. 1998
Harris v. Pizza Hut of La., Inc., Walker v. Union Oil Mill, Inc.
Colvin v. E.F. Discount Foods, Inc. 714 So. 2d 99 La. Ct. App. 2d Cir. 1998
Lovett, supra; Rowe v. Schumpert Medical Center, 26,344 (La.
LeJeune v. Union Pacific RR 712 So. 2d 491 La. 1998
Syrie v. Schilhab, 96-1027, p. 4-5 (La.5/20/97), -77 ; Berry v. State, 93-2748, p. 4 (La.5/23/94), , 414; Mundy v. Department of Health & Human Resources, (La.
Gardner v. Griffin 712 So. 2d 583 La. Ct. App. 1st Cir. 1998
Peterson v. Gibraltar Sav. and Loan 711 So. 2d 703 La. Ct. App. 5th Cir. 1998
Under this analysis plaintiff must prove: (1) the conduct in question was the cause-in-fact of the resulting harm (2) defendant owed a duty of care to plaintiff (3) the requisite duty was breached by the defendant (4)
Harkins v. Gauthe 707 So. 2d 1308 La. Ct. App. 3d Cir. 1998
of Health & Human Res.
Walker v. Phi Beta Sigma Fraternity (Rho Chapter) 706 So. 2d 525 La. Ct. App. 1st Cir. 1997
Mundy v. Department of Health & Human Resources
Blanchard v. STATE, THROUGH PARKS & REC. COM'N 702 So. 2d 768 La. Ct. App. 3d Cir. 1997
Faucheaux v. Terrebonne Consolidated Government, et al.
Blanchard v. State ex rel. Parks & Recreation Commission 702 So. 2d 768 La. Ct. App. 1st Cir. 1997
Faucheaux v. Terrebonne Consolidated Government, et al.
Caronia v. McKenzie's Pastry Shoppes 700 So. 2d 1315 La. Ct. App. 4th Cir. 1997
The plaintiff cites to Mundy v. Department of Health & Human Resources, to support his position that business owners do have a duty to protect their customers from the illegal actions of third parties.
Stroik v. Ponseti 699 So. 2d 1072 La. 1997
Mundy v. Department of Health & Human Resources, Faucheaux, 615 So.2d at 292 .
Syrie v. Schilhab 693 So. 2d 1173 La. 1997
Berry v. State, Through Dept. of Health and Human Resources, 93-2748, p. 4 (La.5/23/94)
Tassin v. State Farm Ins. Co. 692 So. 2d 604 La. Ct. App. 3d Cir. 1997
*606 Mundy v. Dept. of Health & Human Res.
Lovett v. Wal-Mart Stores, Inc. 687 So. 2d 681 La. Ct. App. 2d Cir. 1997
Harris v. Pizza Hut of Louisiana, Inc., Rowe *684 v. Schumpert Medical Center, 26,384 (La.App.2d Cir 12/7/94), .
Fitzgerald v. Files Timber Co. 687 So. 2d 674 La. Ct. App. 2d Cir. 1997
Crigler v. Crigler, 28,085 (La.
Rhodes v. State Through DOTD 684 So. 2d 1134 La. Ct. App. 1st Cir. 1996
Wilson v. State, Department of Public Safety and Corrections, (La.
Jones v. Hyatt Corp. of Delaware 681 So. 2d 381 La. Ct. App. 4th Cir. 1996
Dorthlon v. ST. FRANCIS MED. CENTER 677 So. 2d 654 La. Ct. App. 2d Cir. 1996
Jones v. Peyton Place, Inc. 675 So. 2d 754 La. Ct. App. 4th Cir. 1996
Mundy v. Dept. of Health & Human Resources
State Ex Rel. Jackson v. Phelps 672 So. 2d 665 La. 1996
Taylor v. Stewart 672 So. 2d 302 La. Ct. App. 1st Cir. 1996
Rhodes v. Winn-Dixie Louisiana, Inc., 638 So.2d at 1171 .
Crigler v. Crigler 671 So. 2d 1199 La. Ct. App. 2d Cir. 1996
Jones v. STATE EX REL. DEPT. OF HEALTH AND HOSP. 671 So. 2d 1074 La. Ct. App. 3d Cir. 1996
LIABILITY Defendants next argue that the trial court erred in failing to apply the case of Mundy v. Department of Health & Human Resources, concerning the duty of an owner or operator of a facility to protect persons on the premises from unforeseen criminal acts of third parties.
Jack v. State ex rel. Department of Health & Human Resources 671 So. 2d 26 La. Ct. App. 1st Cir. 1996
Mundy v. Dept. Of Health & Human Res.
Duffy v. State ex rel. Department of Transportation & Development 668 So. 2d 1349 La. Ct. App. 1st Cir. 1996
Mullins v. Courtney Equipment 670 So. 2d 329 La. Ct. App. 3d Cir. 1996
Robinson v. Yousuf 668 So. 2d 436 La. Ct. App. 4th Cir. 1996
Mathieu, 646 So.2d at 322 ; citing Faucheaux v. Terrebonne Consol.
Stockstill v. CF Industries, Inc. 665 So. 2d 802 La. Ct. App. 1st Cir. 1995
Carpenter v. Johnson 664 So. 2d 1354 La. Ct. App. 1st Cir. 1995
Mundy v. Department of Health & Human Resources
Martin v. Bigner 665 So. 2d 709 La. Ct. App. 2d Cir. 1995
LRS 23:13; Mundy v. Dept. of Health & Human Res.
Donaldson v. Sanders 661 So. 2d 1010 La. Ct. App. 3d Cir. 1995
As the Louisiana Supreme Court noted in Mundy v. Dept. of Health & Human Res., whether the defendant has breached a duty owed is a question of fact, but whether a duty is owed is a question of law.