Cited by
Opinions in Louisiana that cite Constans v. Choctaw Transport, Inc., 712 So. 2d 885.
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Claude and Tammie Aucoin Versus Diaz LLC and Admiral Insurance Company
La. Ct. App. 5th Cir. 2023
App. 4 Cir. 12/23/97), (adverse presumption did not apply where truck bumper was photographed and investigated in the weeks following the accident, but thereafter not examined for at least one year and a half before it was eventually replaced in the normal course of business); and also Everhardt v. La.
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Claude Aucoin and Tammie Aucoin Versus Diaz, LLC and Admiral Insurance Company
La. Ct. App. 5th Cir. 2023
App. 4 Cir. 12/23/97), (adverse presumption did not apply where truck bumper was photographed and investigated in the weeks following the accident, but thereafter not examined for at least one year and a half before it was eventually replaced in the normal course of business); and also Everhardt v. La.
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Scott Thompson v. Kirk Falgout
La. Ct. App. 3d Cir. 2010
4 Cir. 12/23/97), writs denied, 98-0408, 98-0412 (La.
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Thompson v. Falgout
33 So. 3d 410
La. Ct. App. 1st Cir. 2010
4 Cir. 12/23/97) , , writs denied, 98-0408, 98-0412 (La.3/27/98), , a case addressing similar facts to those in Nicaud , came to the same conclusion.
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Everhardt v. LOUISIANA DOTD
978 So. 2d 1036
La. Ct. App. 4th Cir. 2008
4 Cir. 12/23/97), , 902 citing Randolph v. General Motors Corp., 93-1983, p. 12 (La.App.
- Toups v. Koch Gateway Pipeline, Inc. 915 So. 2d 811 La. Ct. App. 1st Cir. 2005
- Novosyolova v. Stephens 850 So. 2d 29 La. Ct. App. 4th Cir. 2003
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Riley v. Maison Orleans II, Inc.
829 So. 2d 479
La. Ct. App. 4th Cir. 2002
4 Cir. 12/23/97) , : The cases cited by Allstate indicate apply [sic] the adverse presumption rule should only apply to situations in which the evidence was destroyed or discarded with no remaining photographs under conditions from which one could infer that the party disposing of the evidence was motivated by a desire to dispose of unf
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Smith v. Jitney Jungle of America
802 So. 2d 988
La. Ct. App. 2d Cir. 2001
4th Cir.12/23/97), , writ denied, 98-0408, 98-0412 (La.03/27/98), .
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Compton v. St. Paul Fire & Marine Ins. Co.
796 So. 2d 896
La. Ct. App. 3d Cir. 2001
4 Cir. 12/23/97) ; , writs denied, 98-408, 98-412 (La.3/27/98); ; In re Peter, 98-701 (La.App.
- Fryson v. Dupre Transport, Inc. 798 So. 2d 1012 La. Ct. App. 4th Cir. 2001
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Spiro v. Liberty Mut. Fire Ins. Co.
761 So. 2d 53
La. Ct. App. 4th Cir. 2000
4 Cir. 12/23/97), , writ denied, 98-0408 and 98-0412 (La.3/27/98), .
- Crane v. Diamond Offshore Drilling, Inc. 743 So. 2d 780 La. Ct. App. 5th Cir. 1999
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Dumas v. Angus Chemical Co.
742 So. 2d 655
La. Ct. App. 2d Cir. 1999
4 Cir. 12/31/97) , , writ denied 98-0408 (La.3/27/98), .
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Hooker v. Super Products Corp.
751 So. 2d 889
La. Ct. App. 5th Cir. 1999
4th Cir. 12/23/97), ; writ denied, Constans v. Choctaw Transport, Inc., 98-0412 (3/27/98), .