Cited by

Opinions in Louisiana that cite Rick v. STATE, DOTD, 630 So. 2d 1271.

104 citing documents.

Straughter v. Harnwell 715 So. 2d 718 La. Ct. App. 2d Cir. 1998
Rick v. State, Dept. of Transportation and Development, 93-1776 (La.01/14/94), .
Howard v. ICRR 709 So. 2d 1044 La. Ct. App. 5th Cir. 1998
In Rick v. State, DOTD, 93-C-1776, 93-C-1784 (La.1/14/94); , the court held that La.C.E.
Cambre v. National Railroad Passenger Corp. 705 So. 2d 237 La. Ct. App. 1st Cir. 1997
and Dev., 93-1776 (La.1/14/94), , the Louisiana Supreme Court held that where DOTD assumes a duty to upgrade a railroad crossing it is unnecessary to decide whether DOTD had an affirmative duty to upgrade or maintain the crossing in question.
Graves v. Page 703 So. 2d 566 La. 1997
Rick v. State, Department of Transportation and Development, 93-C-1776, 93-C-1784 (La.1/14/94); , Reh'g Den.
Fontana v. LA. SHERIFFS'AUTO. RISK 697 So. 2d 1030 La. Ct. App. 1st Cir. 1997
Rick v. State, Department of Transportation and Development, 93-1776, 93-1784 (La.1/14/94); ; Youn, 623 So.2d at 1261 ; Reck, 373 So.2d at 501 .
Williams v. Dean 694 So. 2d 1195 La. Ct. App. 1st Cir. 1997
Thompson v. Coates 694 So. 2d 599 La. Ct. App. 2d Cir. 1997
Todd v. State 685 So. 2d 313 La. Ct. App. 5th Cir. 1997
and Development, stated that: Causation is a fact specific inquiry.
Varnado v. Department of Employment and Training 687 So. 2d 1013 La. Ct. App. 1st Cir. 1996
Rhodes v. State Through DOTD 684 So. 2d 1134 La. Ct. App. 1st Cir. 1996
Lewis v. State 685 So. 2d 640 La. Ct. App. 1st Cir. 1996
Relying on Chamberlain , the Louisiana Supreme Court, in Rick v. State, Department of Transportation and Development, 93-1776, 93-1784 (La.1/14/94), , declared that this limitation on interest was also unconstitutional as it too violated the constitution’s prohibition against sovereign immunity.
Boguille v. Chambers 685 So. 2d 582 La. Ct. App. 1st Cir. 1996
Rick v. State, DOTD, 93-1776 (La.1/14/94), .
Todd v. State ex rel. Department of Social Services, Office of Community Services 685 So. 2d 310 La. Ct. App. 1st Cir. 1996
and Development, stated that: | ^Causation is a fact specific inquiry.
Hayes v. City of Baton Rouge 683 So. 2d 899 La. Ct. App. 1st Cir. 1996
Louisiana Farms v. LA. Dept. of Wildlife 685 So. 2d 1086 La. Ct. App. 3d Cir. 1996
& Dev., 93-1776; 93-1784 (La.1/14/94); ; (statute relieving the state of liability for court costs violated the constitutional waiver because it exempted the state from liability that a private-party defendant would have to bear).
Sallis v. City of Bossier City 680 So. 2d 1333 La. Ct. App. 2d Cir. 1996
Rick v. State, Dept. of Transportation and Development, 93-1776 (La.01/14/94), ; Youn v. Maritime Overseas *1339 Corp., cert.
Ducote v. City of Alexandria 677 So. 2d 1118 La. Ct. App. 3d Cir. 1996
1/14/94), , the Louisiana Supreme Court clarified the application of La.R.S.
Archon v. Union Pacific RR 675 So. 2d 1055 La. 1996
Martinez v. Bennett 676 So. 2d 241 La. Ct. App. 1st Cir. 1996
Thornhill v. STATE DEPT. OF TRANSP. 676 So. 2d 799 La. Ct. App. 1st Cir. 1996
De Los Reyes v. USAA Cas. Ins. Co. 677 So. 2d 668 La. Ct. App. 2d Cir. 1996
Wheeler v. Louisiana Department of Transportation & Development 675 So. 2d 788 La. Ct. App. 1st Cir. 1996
1/14/94), , until six months after the judgment in this ease was rendered, as will be further discussed in dealing with the issue of retroactivity, the provision was patently unconstitutional.
Levron v. State 673 So. 2d 279 La. Ct. App. 4th Cir. 1996
and Dev., 93-1776, 93-1784 (La.1/14/94), , which struck down as unconstitutional a statute that limited pre-judgment interest against the state.
Holt v. STATE EX REL. DEPT. OF TRANSP & DEV. 671 So. 2d 1164 La. Ct. App. 2d Cir. 1996
Holt v. State ex rel. Department of Transportation & Development 671 So. 2d 1164 La. Ct. App. 2d Cir. 1996
Duffy v. State ex rel. Department of Transportation & Development 668 So. 2d 1349 La. Ct. App. 1st Cir. 1996
See Rick v. State, Department of Transportation and Development, 93-1776 p. 8 (La.1/14/94); .
Stockstill v. CF Industries, Inc. 665 So. 2d 802 La. Ct. App. 1st Cir. 1995
Alfonso v. Piccadilly Cafeteria, Inc. 665 So. 2d 589 La. Ct. App. 5th Cir. 1995
Gordon v. Willis Knighton Medical Center 661 So. 2d 991 La. Ct. App. 2d Cir. 1995
1st Cir.1993); modified on other grounds, a woman in her late fifties died in an automobile-train accident and her four major children were awarded $150,000 each for the wrongful death of their mother with whom they had a close and loving relationship.
Miller v. Evangeline Parish Police Jury 663 So. 2d 398 La. Ct. App. 3d Cir. 1995
Williams v. City of Monroe 658 So. 2d 820 La. Ct. App. 2d Cir. 1995
1/14/94), ; Fowler v. Roberts, supra .
Distinguished Archon v. Union Pacific RR 657 So. 2d 987 La. 1995
Donavan v. Jones 658 So. 2d 755 La. Ct. App. 2d Cir. 1995
Rhodes v. STATE THROUGH DEPT. OF TRANSP. & DEV. 656 So. 2d 650 La. Ct. App. 1st Cir. 1995
1/14/94), , the Louisiana Supreme Court addressed the constitutionality of a statutory provision limiting pre-judgment interest on *660 personal injury and wrongful death claims against governmental defendants to six percent.
Galloway v. STATE, DEPT. OF TRANSP. & DEVE. 654 So. 2d 1345 La. 1995
1/14/94), ; Lirette v. State Farm Ins.
Rhodes v. State ex rel. Department of Transportation & Development 656 So. 2d 650 La. Ct. App. 1st Cir. 1995
1/14/94), , the Louisiana Supreme Court addressed the constitutionality of a statutory provision limiting pre-judgment interest on *660 personal injury and wrongful death claims against governmental defendants to six percent.
Ehrman v. Holiday Inns, Inc. 653 So. 2d 732 La. Ct. App. 4th Cir. 1995
In support of this argument she cites Rick v. State, DOTD, and Harris v. Pizza Hut of Louisiana, Inc.
Magee v. Landrieu 653 So. 2d 62 La. Ct. App. 1st Cir. 1995
1/14/94), , declaring the pre-judgment interest limitation in favor of the state as found in La.R.S.
Goings v. State 648 So. 2d 884 La. 1995
Ayers v. Brazzell 648 So. 2d 406 La. Ct. App. 2d Cir. 1994
Maeder v. Williams 652 So. 2d 1005 La. Ct. App. 4th Cir. 1994
1st Cir.1993), aff'd in pat, rev'd in part
Amato v. Office of Com'r of Securities 644 So. 2d 412 La. Ct. App. 4th Cir. 1994
*419 The dissent attempts to distinguish Moresi as a federal civil rights action and asserts that the proper test for a qualified immunity is set forth in Rick v. State, Department of Transportation & Development, on rehearing.
Hebert v. Hartford Ins. Co. of the Midwest 649 So. 2d 631 La. Ct. App. 3d Cir. 1994
White v. STATE, DEPT. OF PUBLIC SAFETY & CORRECTIONS 644 So. 2d 684 La. Ct. App. 1st Cir. 1994
Rivere v. Union Pacific R. Co. 647 So. 2d 1140 La. Ct. App. 1st Cir. 1994
Under these circumstances we do not believe that the DOTD breached a duty with regard to the Laurel Ridge Road crossing nor do we believe that DOTD assumed a duty as was the case in Rick v. State, DOTD, 93-1776, No. 93-1784 (1/14/94); , and Arnold v. Illinois Cent.
Miguez v. Southern Pacific Transp. Co. 645 So. 2d 1184 La. Ct. App. 3d Cir. 1994
1st Cir.1993), which was subsequently reported at (La.
Thibodeau v. Mayor of Morgan City 640 So. 2d 830 La. Ct. App. 1st Cir. 1994
After the remand, however, the supreme court, (La.
Wilson v. Pouncy 637 So. 2d 1060 La. 1994
Rick v. State, DOTD, La., (1994); Hung Chi “Tim” Ly, et al. v. State of Louisiana, La., (1994).
Simpson v. State Through DOTD 636 So. 2d 608 La. Ct. App. 1st Cir. 1994
13:5112 to conform to an opinion of the Louisiana Supreme Court rendered January 14, 1994, declaring that statute unconstitutional, Rick v. State, Department of Transportation and Development
Hutzler v. Cole 633 So. 2d 1319 La. Ct. App. 1st Cir. 1994
Rick v. State of Louisiana, Department of Transportation and Development, 93-1776 c/w 93-1784 (La.1994), .