Rodriguez v. New Orleans Public Service, Inc.
Also decided on this docket: La., February 6, 1981 396 So. 2d 910; La., June 22, 1981 400 So. 2d 884
Rodriguez v. New Orleans Public Service, Inc., 435 So. 2d 423 (La. 1983).
Cited by
- State v. Bowman 677 So. 2d 1094 La. Ct. App. 4th Cir. 1996
- Luckette v. Bart's on the Lake, Ltd. 602 So. 2d 108 La. Ct. App. 1st Cir. 1992
Opinion text
DENNIS, Judge, dissenting. I respectfully dissent. Included in those risks associated with the conducting of a common carrier enterprise is the risk of harm to a passenger caused by unruly fellow passengers whom the common carrier fails to oversee despite adequate reason to do so. That exact risk is present in this case and I see no reason to forsake our rule which would impose the highest degree of care upon a common carrier to guard against such attacks. Furthermore, as expressed in the reasons assigned by Calogero, J., I believe that the facts support plaintiff’s recovery under a standard of reasonable care.