DocketDrift

Real-time tracking of state judicial trends.

Outcomes

Public record · Human review · No verdicts asserted

Cited by

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

126 citing documents.

  • Henry v. Parish of Jefferson 835 So. 2d 912 La. Ct. App. 5th Cir. 2002
    [3] 99-1222 (La.11/30/99), , [4] 97-1254 (La.App.
  • Bezet v. Original Library Joe's, Inc. 838 So. 2d 796 La. Ct. App. 1st Cir. 2002
    Subsequently, after the Supreme Court rendered its decision in Posecai v. Wal-Mart Stores, Inc., 99-1222 (La.11/30/99), , Four by Two Development and Tiger Town Associates re-urged their motions for summary judgment, contending that under the legal precepts enunciated in Posecai , they owed no duty to plaintiffs under the facts presented herein.
  • Adams v. Traina 830 So. 2d 526 La. Ct. App. 2d Cir. 2002
    Posecai v. Wal-Mart Stores, Inc., 99-1222 (La.11/30/99), ; Berry v. State through Dept. of Health and Human Resources, 93-2748 (La.05/23/94), .
  • Bezet v. Original Library Joe's, Inc. 835 So. 2d 472 La. Ct. App. 1st Cir. 2002
    Subsequently, after the Supreme Court rendered its decision in Posecai v. Wal-Mart Stores, Inc., 99-1222 (La.11/30/99), , Four by Two Development and Tiger Town Associates re-urged their motions for summary judgment, contending that under the legal precepts enunciated in Posecai , they owed no duty to plaintiffs under the facts presented herein.
  • Bourgeois v. Allstate Insurance Co. 820 So. 2d 1132 La. Ct. App. 1st Cir. 2002
    Posecai v. Wal-Mart Stores, Inc., 99-1222 (La.11/30/99), .
  • Randall v. Chalmette Medical Center, Inc. 819 So. 2d 1129 La. Ct. App. 1st Cir. 2002
    In Posecai v. Wal-Mart Stores, Inc., 99-1222 (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.
  • Pinsonneault v. Merchants & Farmers Bank & Trust Company 816 So. 2d 270 La. 2002
    Because the Court of Appeal's ruling pre-dated our decision in Posecai v. Wal-Mart Stores, Inc., 99-1222 (La.11/30/99), , we granted the bank's writ application and remanded this case to the Court of Appeal for consideration in light of Posecai.
  • Thompson v. Winn-Dixie Louisiana, Inc. 812 So. 2d 829 La. Ct. App. 4th Cir. 2002
    Posecai v. Wal-Mart Stores, Inc., 99-1222 (La.11/30/99), The law must place some reasonable limit to the scope of protection envisioned by defendant's conduct.
  • Junot v. Morgan 818 So. 2d 152 La. Ct. App. 1st Cir. 2002
    Posecai v. Wal-Mart Stores, Inc., 99-1222, pp. 5-6 (La.11/30/99), .
  • Royal Street Grocery, Inc. v. Entergy New Orleans, Inc. 811 So. 2d 120 La. Ct. App. 1st Cir. 2002
    ns, determined that “the Claiborne Substation complied in all respects with the 1941 edition of the NESC and was surrounded by appropriate fencing (ie., seven-foot fence).” The court |4also stated that “[t]he current NESC allows the facili *123 ty to stay in existence in accordance with the code in effect at the time it was built.” Applying Posecai v. Wal-Mart Stores, Inc., 99-1222 (La.11/30/99), , brought to the court’s attention by the plaintiffs, the court observed that the “record demonstrat
  • Colson v. Johnson 801 So. 2d 648 La. Ct. App. 3d Cir. 2001
    However, the supreme court in Posecai v. Wal-Mart Stores, Inc., 99-1222, p. 10 (La.11/30/99); fn.
  • Goins v. Wal-Mart Stores, Inc. 800 So. 2d 783 La. 2001
    It found that genuine issues of material fact remain because it was unclear what amount or type of evidence is necessary under the new rule of Posecai v. Wal-Mart Stores, Inc., 99-1222 (La.11/30/99), to entitle a business owner to summary judgment in a situation such as that found in the instant case.
  • Annina v. Eschette 814 So. 2d 13 La. Ct. App. 1st Cir. 2001
  • Trahan v. Asphalt Associates, Inc. 800 So. 2d 18 La. Ct. App. 3d Cir. 2001
    Posecai v. Wal-Mart Stores, Inc., 99-1222 (La.11/30/99); .
  • Albritton v. Woods 795 So. 2d 1239 La. Ct. App. 2d Cir. 2001
    In Posecai v. Wal-Mart Stores, Inc., 99-1222 (La.11/30/99), , the supreme court held: We now join other states in adopting the rule that although business owners are not the insurers of their patrons' safety, they do have a duty to implement reasonable measures to protect their patrons from criminal acts when those acts are foreseeable.
  • In Re New Orleans Train Car Leakage Fire Litigation 795 So. 2d 364 La. Ct. App. 4th Cir. 2001
    Posecai v. Wal-Mart Stores, Inc., 99-1222 (La.11/30/99), -66 .
  • Pinsonneault v. Merchants & Farmers Bank & Trust Co. 789 So. 2d 762 La. Ct. App. 1st Cir. 2001
    The Supreme Court’s remand instructed us to consider the question of duty in light of Posecai v. *764 Wal-Mart Stores, Inc., 99-1222 (La.11/30/99); which was not yet decided when we rendered our decision in this case.
  • Lamkin v. Kenny's Key West, Inc. 791 So. 2d 769 La. Ct. App. 1st Cir. 2001
    Posecai v. Wal-Mart Stores, Inc., 99-1222 p. 5 (La.11/30/99), , discussing Harris v. Pizza Hut of Louisiana, Inc.
  • Lee v. B & B VENTURES 793 So. 2d 215 La. Ct. App. 4th Cir. 2001
    In Posecai v. Wal-Mart Stores, Inc., 99-1222, (La.11/30/99), , the Louisiana Supreme Court addressed a similar issue.
  • Marmer v. Queen of New Orleans 787 So. 2d 1115 La. Ct. App. 4th Cir. 2001
    The casino relied upon a recent Louisiana Supreme Court decision, Posecai v. Wal-Mart Stores, Inc., 99-1222 (La.11/30/99), , to support its claim that it owed no legal duty to protect against unforeseeable and unanticipated criminal acts of a third party.
  • Williams v. State 786 So. 2d 927 La. Ct. App. 2d Cir. 2001
    In view of the ruling of our supreme court in Posecai v. Wal-Mart Stores, Inc., 99-1222 (La.11/30/99), , we reverse and remand.
  • Bonds v. ABBEVILLE GENERAL HOSP. 782 So. 2d 1188 La. Ct. App. 3d Cir. 2001
    Posecai v. Wal-Mart Stores, Inc., 99-1222, pp. 5-6 (La.11/30/99); -67 .
  • Fleming v. Hilton Hotels Corp. 774 So. 2d 174 La. Ct. App. 4th Cir. 2000
    Similarly, in Posecai v. Wal-Mart Stores, d/b/a/ Sam's Wholesale Club and Joe Doe, 99-1222 (La.11/30/99); , the sole issue presented to the Louisiana Supreme Court was whether Sam's owed a duty to protect Ms. Posecai from criminal acts of third parties.
  • Carver, Inc. v. Dixon 759 So. 2d 316 La. Ct. App. 2d Cir. 2000
    *319 In the recent case of Posecai v. Wal-Mart Stores, Inc., 99-1222 (La.11/80/99), , the supreme court addressed the method to determine whether a duty is owed: A threshold issue in any negligence action is whether the defendant owed the plaintiff a duty.
  • Pinsonneault v. Merchants & Farmers Bank & Trust Co. 753 So. 2d 842 La. 2000
    Granted and remanded to the court of appeal to consider in light of Posecai v. Wal-Mart Stores, Inc., 99-1222 (La.11/30/99), , which was not yet decided when the court of appeal rendered its decision in this case.
  • Smith v. Rally's Hamburgers, Inc. 753 So. 2d 843 La. 2000
    • Granted and remanded to the court of appeal to reconsider the application in light of the recently decided case of Posecai v. Wal-Mart, 99-1222 (La.11/30/99), .