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Cited by

Opinions in Louisiana that cite Posecai v. Wal-Mart Stores, Inc., 752 So. 2d 762.

126 citing documents.

  • Morales v. Boomtown, L.L.C. of Delaware 27 So. 3d 914 La. Ct. App. 1st Cir. 2009
    Posecai v. Wal-Mart Stores, Inc., 99-1222, p. 5 (La.11/30/99), .
  • Morales v. BOOMTOWN, LLC OF DELAWARE 27 So. 3d 914 La. Ct. App. 5th Cir. 2009
    Posecai v. Wal-Mart Stores, Inc., 99-1222, p. 5 (La.11/30/99), .
  • Martinez v. Wilson 24 So. 3d 1032 La. Ct. App. 1st Cir. 2009
    11/30/99), , the Louisiana Supreme Court held that while business owners generally have no duty to protect others from the criminal acts of a third person, "they do have a duty to implement reasonable measures to protect their patrons from criminal acts when those acts are foreseeable"; thus generally, a business proprietor
  • S. J. v. Lafayette Parish School Board La. Ct. App. 3d Cir. 2009
  • Rayford v. Willow Ridge Care & Rehabilitation Center, Inc. 988 So. 2d 904 La. Ct. App. 2d Cir. 2008
    Century Ready Mix Corp. v. Boyte, 42,634 (La.App.2d Cir.10/24/07), , citing Posecai v. Wal-Mart *907 Stores, Inc., 1999-1222 (La.11/30/99), .
  • Walton Construction Company, LLC v. GM HORNE & COMPANY, INC. 984 So. 2d 827 La. Ct. App. 1st Cir. 2008
    See Posecai v. Wal-Mart Stores, Inc., 99-1222 (La.11/30/99), .
  • Hickman v. CHEVRON USA, INC. 973 So. 2d 179 La. Ct. App. 1st Cir. 2007
  • Higginbotham v. Rapides Foundation 968 So. 2d 1226 La. Ct. App. 3d Cir. 2007
    Id., (citing Posecai v. Wal-Mart Stores, Inc., 99-1222 (La.11/30/99), ).
  • Elizabeth Higginbotham v. Rapides Healthcare System, LLC La. Ct. App. 3d Cir. 2007
  • Century Ready Mix Corp. v. Boyte 968 So. 2d 893 La. Ct. App. 2d Cir. 2007
    Posecai v. Wal-Mart Stores, Inc., 99-1222 (La.11/30/99), .
  • Lowery v. Wal-Mart Stores, Inc. 965 So. 2d 980 La. Ct. App. 2d Cir. 2007
    Posecai v. Wal-Mart Stores, Inc., XXXX-XXXX (La.11/30/99), .
  • SJ v. Lafayette Parish School Bd. 959 So. 2d 884 La. 2007
    The court noted that the duty to protect others from criminal activity "only arises under limited circumstances, when the criminal act in question was reasonably foreseeable," citing Posecai v. Wal-Mart Stores, Inc.
  • Blackledge v. Font 960 So. 2d 99 La. Ct. App. 1st Cir. 2007
    Posecai v. Wal-Mart Stores, Inc., 99-1222 (La.11/30/99), , citing Harris v. Pizza Hut of Louisiana, Inc.
  • Estate of Loveless Ex Rel Loveless v. Gay 945 So. 2d 233 La. Ct. App. 2d Cir. 2006
    Posecai v. Wal-Mart Stores, Inc., XXXX-XXXX (La.11/30/99), .
  • S.J., Individually and on B/F of Her Minor Daugh., C.C. v. Lafayette Parish School Board La. Ct. App. 3d Cir. 2006
    11/30/99), that the duty to protect others from criminal activity “only arises under limited circumstances, when the criminal act in question was reasonably foreseeable.” In Posecai, the supreme court found the most important factor to be considered in determining whether an act was foreseeable is the existence, freque
  • Beck v. Schrum 942 So. 2d 669 La. Ct. App. 2d Cir. 2006
    Posecai v. Wal-Mart Stores, Inc., XXXX-XXXX (La.11/30/99), .
  • Walter Randall v. the Rapides Foundation D/B/A Rapides Reg. Med. Center La. Ct. App. 3d Cir. 2006
    11/30/99), (wherein the supreme court explained that the question of whether a duty exists is a question of law and the determination as to whether a duty exists in a particular court requires the court to make a policy decision in light of the unique facts and circumstances presented).
  • Bullock v. the Rapides Foundation 941 So. 2d 170 La. Ct. App. 3d Cir. 2006
    See Posecai v. Wal-Mart Stores, Inc., 99-1222 (La.11/30/99), (wherein the supreme court explained that the question of whether a duty exists is a question of law and the determination as to whether a duty exists in a particular court requires the court to make a policy decision in light of the unique facts and circumstances presented).
  • TRAVELERS PROP. CAS. CO. OF AMER. v. Pratt 940 So. 2d 704 La. Ct. App. 2d Cir. 2006
    Posecai v. Wal-Mart Stores, Inc., 99-1222 (La.11/30/99), .
  • Travelers Property Casualty Co. of America v. Pratt 940 So. 2d 704 La. Ct. App. 2d Cir. 2006
    Posecai v. Wal-Mart Stores, Inc., 99-1222 (La.11/30/99), .
  • MacKey v. Jong's Super Value No. 2 940 So. 2d 118 La. Ct. App. 2d Cir. 2006
    Posecai v. Wal-Mart Stores, Inc., 99-1222 (La.11/30/99), ; Smith, supra .
  • Mosley v. TEMPLE BAPTIST CHURCH OF RUSTON 920 So. 2d 355 La. Ct. App. 2d Cir. 2006
    In Posecai v. Wal-Mart Stores, Inc., XXXX-XXXX (La.11/30/99), , the Louisiana Supreme Court discussed the means by which the court decided whether to impose liability: This court has adopted a duty-risk analysis to determine whether liability exists under the particular facts presented.
  • Kovac v. Spraymax, Inc. 911 So. 2d 934 La. Ct. App. 2d Cir. 2005
    “Under this analysis the plaintiff must prove that the conduct in question was the cause-in-fact of the resulting harm, the defendant owed a duty of care to the plaintiff, the requisite duty was breached by the defendant and the risk of harm was within the scope of protection afforded by the duty breached.” Posecai v. Wal-Mart Stores, Inc., 99-1222 (La.11/30/99), .
  • Patton v. Strogen 908 So. 2d 1282 La. Ct. App. 2d Cir. 2005
    Posecai v. Wal-Mart Stores, Inc., XXXX-XXXX (La.11/30/99), .
  • Cardella v. Robinson 903 So. 2d 613 La. Ct. App. 2d Cir. 2005
    In Posecai v. Wal-Mart Stores, Inc., XXXX-XXXX (La.11/30/99), , the Louisiana Supreme Court discussed the means by which the court decided whether to impose liability: This court has adopted a duty-risk analysis to determine whether liability exists under the particular facts presented.
  • Henry v. Barlow 901 So. 2d 1207 La. Ct. App. 3d Cir. 2005
    Posecai v. Wal-Mart Stores, Inc., 99-1222, p. 4 (La.11/30/99), .
  • Randy James Henry, Etc. v. Danny L. Barlow La. Ct. App. 3d Cir. 2005
  • Rodney Knox v. Calcasieu Parish Police Jury La. Ct. App. 3d Cir. 2005
  • Knox v. Calcasieu Parish Police Jury 900 So. 2d 1128 La. Ct. App. 1st Cir. 2005
    alyzed under the duty/ risk analysis, in which the plaintiff must prove that “the .conduct in question was the cause-in-fact of the resulting harm, the defendant owed a duty of care to the plaintiff, the requisite duty was breached by the defendant and the risk of harm was within the scope of protection afforded by the duty breached.” Posecai v. Wal-Mart Stores, Inc., 99-1222, p. 4 (La.11/30/99), .
  • Fredericks v. DAIQUIRIS & CREAMS 906 So. 2d 636 La. Ct. App. 1st Cir. 2005
    Posecai v. Wal-Mart Stores, Inc., 99-1222 (La.11/30/99), .
  • Cox v. Gaylord Container Corp. 897 So. 2d 1 La. Ct. App. 1st Cir. 2005
    Posecai v. Wal-Mart Stores, Inc., 99-1222, p. 4 (La.11/30/99), .
  • Stephenson v. Commercial Travelers Ins. 893 So. 2d 180 La. Ct. App. 3d Cir. 2005
    Posecai v. Wal-Mart Stores, Inc., 99-1222, p. 4 (La.11/30/99), .
  • Pamela Ferrera Stephenson v. Commercial Travelers Mutual Ins. Co. La. Ct. App. 3d Cir. 2005
  • Barbara Ann Comeaux v. Wranglers Night Club (Bar Andlounge) La. Ct. App. 3d Cir. 2004
  • Comeaux v. Wranglers Night Club 889 So. 2d 464 La. Ct. App. 1st Cir. 2004
    3 Cir. 6/9/04) , (quoting Posecai v. Wal-Mart Stores, Inc., 99-1222 (La.11/30/99), ).
  • Daniels v. Essex Insurance Co. 890 So. 2d 599 La. Ct. App. 1st Cir. 2004
    Posecai v. Wal-Mart Stores, Inc., 99-1222, (La.11/30/99) , citing 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.
  • Pamplin v. Bossier Parish Community College 878 So. 2d 889 La. Ct. App. 2d Cir. 2004
    Posecai v. Wal-Mart Stores, Inc., 99-1222 (La.11/30/99), .
  • Domingue v. Lafayette Parish School Bd. 879 So. 2d 288 La. Ct. App. 3d Cir. 2004
    Posecai v. Wal-Mart Stores, Inc., XXXX-XXXX (La.11/30/99), .
  • Valerie Duhon Domingue v. Lafayette Parish School Board La. Ct. App. 3d Cir. 2004
    Posecai v. Wal-Mart Stores, Inc., 1999-1222 (La.11/30/99)
  • Michael Orr v. Otto Candies, Inc. La. Ct. App. 3d Cir. 2004
  • Orr v. Otto Candies, Inc. 875 So. 2d 1030 La. Ct. App. 1st Cir. 2004
    Under this analysis, the plaintiff must prove that: “[T]he conduct in question was the cause-in-fact of the resulting harm, the defendant owed a duty of care to the plaintiff, the requisite duty was breached by the defendant and the risk of harm was within the scope of protection afforded by the duty breached.” Posecai v. Wal-Mart Stores, Inc., 99-1222, p. 4 (La.11/30/99), .
  • Thomas v. SISTERS OF CHARITY OF INCAR. WORD 870 So. 2d 390 La. Ct. App. 2d Cir. 2004
    Faucheaux, supra ; Lazard v. Foti, 2002-2888 (La.10/21/03), ; Posecai v. Wal-Mart Stores, Inc., XXXX-XXXX (La.11/30/99), .
  • Young v. Fitzpatrick 865 So. 2d 969 La. Ct. App. 3d Cir. 2004
    The trial judge began his analysis by reproducing the following portions of the supreme court's decision in Posecai v. Wal-Mart Stores, Inc., 99-1222 (La.11/30/99), , which read: We agree that a balancing test is the best method for determining when business owners owe a duty to provide security for their patrons.
  • Cornelia E. Young v. Kevin Fitzpatrick La. Ct. App. 3d Cir. 2004
    11/30/99), which read: We agree that a balancing test is the best method for determining when business owners owe a duty to provide security for their patrons.
  • Shelby Schweitzer v. Wal-Mart Stores, Inc. La. Ct. App. 3d Cir. 2003
  • Schweitzer v. Wal-Mart Stores, Inc. 861 So. 2d 747 La. Ct. App. 3d Cir. 2003
    Whether a business owner has a duty to protect its patrons from crimes perpetrated on its premises by third parties was considered by the supreme court in Posecai v. Wal-Mart Stores, Inc., 99-1222 (La.11/30/99), .
  • Pritchard v. AMERICAN FREIGHTWAYS CORP. 862 So. 2d 476 La. Ct. App. 2d Cir. 2003
    Posecai v. Wal-Mart Stores, Inc., XXXX-XXXX (La.11/30/99), ; Syrie v. Schilhab, 96-1027 (La.05/20/97), .
  • Smith v. AAA Travel Agency 859 So. 2d 286 La. Ct. App. 2d Cir. 2003
    Posecai v. Wal-Mart Stores Inc., 99-1222 (La.11/30/99), .
  • Lazard v. Foti 859 So. 2d 656 La. 2003
    Posecai v. Wal-Mart Stores, Inc., XXXX-XXXX (La.11/30/99), .
  • Reaux v. Deep South Equipment Co. 840 So. 2d 20 La. Ct. App. 1st Cir. 2003
    laLiabilty for Negligence In Posecai v. Wal-Mart Stores, Inc., 1999-1222 (La.11/30/99), , the Louisiana Supreme Court articulated the analysis, which is a duty risk analysis, to be made in determining whether to impose liability for negligence.