Cited by

Opinions in Louisiana that cite Wartelle v. Women's and Children's Hosp., Inc., 704 So. 2d 778.

22 citing documents.

Dwayne Stanton v. Entergy Louisiana, LLC, Sigur Construction, LLC, Ausi Builders & Construction, LLC, Hotel Investors, LLC, and … La. Ct. App. 4th Cir. 2021
Wartelle v. Women's and Children's Hospital, Inc., 97-0744, pp. 12–13 (La.12/2/97)
David Defelice, Individually and on Behalf of His Minor Son, Pascal Hondroulis, and Katie Hondroulis Versus Federated National … La. Ct. App. 5th Cir. 2019
Gerald Rodney White and Charlotte White v. Louisiana Dept. of Transportation & Development La. Ct. App. 3d Cir. 2017
12/2/97), (citing Theriot v. Midland Risk Ins.
White v. La. Dep't of Transp. & Dev. 258 So. 3d 11 La. Ct. App. 1st Cir. 2017
12/2/97), , 782 (citing Theriot v. Midland Risk Ins.
Latoya Castille, Individually v. Louisiana Medical Mutual Ins. Co. La. Ct. App. 3d Cir. 2014
Castille v. Louisiana Medical Mutual Ins. Co. 150 So. 3d 614 La. Ct. App. 1st Cir. 2014
For instance, wrongful death and survival actions are premised on the direct victim’s death, but “a bystander action has no necessary relationship to a death.” Wartelle v. Women’s & Children’s Hosp., Inc., 97-744 (La.12/2/97), -85 .
Udomeh v. Joseph 103 So. 3d 343 La. 2012
Wartelle v. Women’s and Children’s Hosp., Inc., 97-0744, p. 3 (La.12/2/97); (citing Lowe v. Home Owners’ Loan Corp., 199 La.
Guillot v. Daimlerchrysler Corp. 50 So. 3d 173 La. Ct. App. 1st Cir. 2010
Accordingly, Wartelle v. Women’s and Children’s Hosp., Inc., 97-0744, pp. 10-13 (La.12/2/97), -85 , disallowing an Article 2315.6 recovery on behalf of a stillborn fetus, is inapplicable to the facts of the instant case.
Long v. Tangipahoa Hospital Service District 1 36 So. 3d 366 La. Ct. App. 1st Cir. 2010
The issue is squarely addressed further in Wartelle v. Women’s and Children’s Hospital, Inc., 97-0744 (La.12/2/97), , which states: Our jurisprudence has recognized that the fetus can acquire a cause of action in útero contemporaneous with its tortious injury.
Johnson v. Hackley 11 So. 3d 1242 La. Ct. App. 1st Cir. 2009
12/2/97), , that "in keeping with our civilian tradition," it is the charge of the judiciary to "interpret the law; the legislative function is entrusted to the legislature and the people exclusively."
Stewart v. DAIQUIRI AFFAIR, INC. 20 So. 3d 1041 La. Ct. App. 1st Cir. 2009
Wartelle v. Women’s and Children’s Hosp., Inc., 97-0744, p. 7 (La.12/2/97), .
Law v. DEPARTMENT OF HEALTH & HOSPITALS 989 So. 2d 871 La. Ct. App. 2d Cir. 2008
Wartelle v. Women's and Children's Hospital, Inc., XXXX-XXXX (La.12/02/97), .
Bailey v. Khoury 891 So. 2d 1268 La. 2005
Civ.Code art. 26 in 1987, especially in light of the fact that the Official Legislative Comments to the 1987 amendment specifically state that the provision "does not change the law," as noted by this court in Wartelle v. Women's and Children's Hospital, 97-0744, p. 9 (La.12/2/97), .
Bailey v. Khoury 868 So. 2d 821 La. Ct. App. 4th Cir. 2004
Wartelle v. Women's and Children's Hospital, Inc., 97-0744 (La.12/2/97), .
Held v. Aubert 845 So. 2d 625 La. Ct. App. 1st Cir. 2003
Wartelle v. Women's and Children's Hospital, Inc., 97-0744, pp. 12-13 (La.12/2/97), .
Bailey v. Khoury 840 So. 2d 582 La. Ct. App. 4th Cir. 2002
4th Cir.), rev'd on other grounds, (cited with approval in Wartelle v. Women's and Children's Hospital, Inc., 97-0744 (La.12/02/97), , 781 n. 6).
Joseph v. Hospital Service District No. 2 of the Parish of St. Mary 805 So. 2d 400 La. Ct. App. 1st Cir. 2001
Martinez v. Shelter Mutual Insurance 771 So. 2d 793 La. Ct. App. 1st Cir. 2000
See, e.g., Wartelle v. Women’s and Children’s Hosp., Inc., 97-744 (La.12/2/97); ; Bellard v. South Central Bell Telephone Co., 96-1426 (La.App.
Magee v. Pittman 761 So. 2d 731 La. Ct. App. 1st Cir. 2000
Wartelle v. Women's and Children's Hospital, Inc., 97-0744, pp. 12-13 (La.12/2/97), .
State ex rel. Lee v. Louisiana Department of Public Safety & Corrections, Board of Pardon & Parole 739 So. 2d 815 La. Ct. App. 1st Cir. 1999
Wartelle v. Women’s and Children’s Hospital, Inc., 97-0744, p. 7 (La.12/2/97); .
Trahan v. McManus 728 So. 2d 1273 La. 1999
Nor can it even compare to the situation in Wartelle v. Women's and Children's Hosp., 97-0744 (La.12/2/97); , where the medical malpractice, the awareness of harm, and the ensuing mental anguish were all very close in time.
State v. Antoine 721 So. 2d 562 La. Ct. App. 3d Cir. 1998
Furthermore, citing Theriot, , the Louisiana Supreme Court has expressed these principles once again in Wartelle v. Women's and Children's Hosp., Inc., 97-0744, p. 7 (La.12/02/97); , 782 wherein the court stated: Legislative intent is the fundamental question in all cases of statutory interpretation.