injury rule (Louisiana) · Go Syfert
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injury rule in Louisiana

30 Louisiana opinions name it 2 courts 1945–2021 1 in the last five years

The cases below were cited by Louisiana courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

CaseFollowedCited
Hill v. Lundin & Associates, Inc.green
la · 1972 · cited in 12 Louisiana opinions naming this issue, 1974–2015
2 sentences

1999"The ease of association of the injury with the rule relied upon, however, is always a proper inquiry." Hill, 256 So.2d at 622 , quoting Prosser, Law of Torts (3rd ed.1964), 282 ff In the present case, the question is whether the risk of injury from a robbery, produced by a combination of the bank's act and that of a third party, is within the scope of protection of a rule of law which would mandate reasonable security measures including surveillance cameras, fences, lighting and lower shrubbery.

1986In Hill , our Supreme Court found that the defendant could not have "reasonably anticipated" the course of events which created the risk; there was no "ease of association of the injury with the rule." Hill, 256 So.2d at 622, 623 .

312
Todd v. STATE, THROUGH DEPT. OF SOCIAL SERVICESgreen
la · 1997 · cited in 3 Louisiana opinions naming this issue, 1999–2021
2 sentences

2021Todd, 699 So. 2d at 39 .

2008A more instructive case is Todd v. State Through Dept. of Social Services, Office of Community Services, 699 So.2d 35, 96-3090 (La.9/9/97).

13
Blevins v. Hamilton Medical Center, Inc.green
la · 2007 · cited in 1 Louisiana opinions naming this issue, 2016–2016
1 sentence

2016See Blevins, 2007-127 at p. 9, 959 So.2d at 446 . .

11
Wallace v. Remington Rand, Inc.green
la · 1956 · cited in 1 Louisiana opinions naming this issue, 1984–1984
2 sentences

1984In determining the date that the injury develops, the Louisiana Supreme Court stated in Wallace v. Remington Rand, Inc. [ 229 La. 651 ,] 86 So.2d 522, 526 (1956): `Development as applied to a compensation injury, signifies something more than occurrence and pain.

1984In determining the date that the injury develops, the Louisiana Supreme Court stated in Wallace v. Remington Rand, Inc. [ 229 La. 651 ,] 86 So.2d 522, 526 (1956): `Development as applied to a compensation injury, signifies something more than occurrence and pain.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Louisiana. Read the followed side critically anyway.

Also cited on this issue (16)

CaseCitedYears
Plaquemine Marine, Inc. v. Mercury Marine green
lactapp · 2003
2 sentences

2018Because our state is a fact pleading state, La.Code Civ.P. art 862, a petition must set forth material facts upon which the alleged cause of action is based and "conclusions of law are not sufficient" to meet the injury requirement in an antitrust case and neither can it be met "by broad allegations of harm to the 'market' as an abstract entity." Plaquemine Marine, 859 So.2d at 118 , and cases cited therein.

2018Moreover, "not every business arrangement that restrains trade in some manner is illegal[.]" Id.

12018–2018
Wallace v. Geo Group, Inc. neutral
lactapp · 2012
2 sentences

2017In making this argument, Mr. Barlow relies on Wallace v. GEO Group, Inc., 11-863 (La.App. 3 Cir. 2/1/12) , 84 So.3d 750 .

2017In making this argument, Mr. Barlow relies on Wallace v. GEO Group, Inc., 11-863 (La.App. 3 Cir. 2/1/12) , 84 So.3d 750 .

12017–2017
Billiot v. Terrebonne Parish Sheriff's Office green
la · 1999
2 sentences

2016“The general rule ... is that where an erroneous Injury instruction is given that constitutes reversible error, the jury decision should be thrown out and the appellate court should undertake a de novo review of the record and implement its own judgment based on the evidence.” Id.

2016“In a jury trial, the judge is not required to give the instructions submitted by either party; however, the trial judge is obligated to give instructions which properly reflect the law applicable in light of the pleadings and facts in each case.” Id.

12016–2016
Cay v. STATE, DOTD green
la · 1994
1 sentence

2015Cay v. State, Dept. of Transp. & Dev., 93-0887 (La.1/14/94), 631 So.2d 393, 399 , citing Hill v. Lundin & Asso., Inc., 260 La. 542 , 256 So.2d 620 (La.1972).

12015–2015
Perkins v. Entergy Corp. green
lactapp · 2000
2 sentences

2007"The ease of association of the injury with the rule of conduct that is urged, however, is the proper inquiry." Id. "[L]egal cause can be evaluated on the basis of foreseeability and ease of association." Id. "[T]he extent of protection owed a particular plaintiff is determined on a case-to-case basis to avoid making a defendant an insurer of all persons against all harms." Id. 1.

2007"The ease of association of the injury with the rule of conduct that is urged, however, is the proper inquiry." Id. "[L]egal cause can be evaluated on the basis of foreseeability and ease of association." Id. "[T]he extent of protection owed a particular plaintiff is determined on a case-to-case basis to avoid making a defendant an insurer of all persons against all harms." Id. 1.

12007–2007
Stegall v. State Farm Mut. Auto. Ins. Co. neutral
lactapp · 1997
1 sentence

2004Stegall v. State Farm Mutual Automobile Insurance Co., 29,986 (La.App.2d Cir.10/29/97), 702 So.2d 66 .

12004–2004
Burge v. Louisiana Ins. Guar. Ass'n green
lactapp · 2002
1 sentence

2004Ass’n, 2002-33 (La.App. 3 Cir. 5/15/02) , 819 So.2d 1098 , reaffirming the application of the law in effect at the time of the injury to a claim under La.R.S. 23:1223.

12004–2004
Haydin v. Crescent Guardian, Inc. green
lactapp · 2002
1 sentence

2004Haydin v. Crescent Guardian, Inc. 2001-1986, p. 10 (La.App. 4 Cir. 5/12/02), 818 So.2d 1033, 1040 .

12004–2004
Kebodeaux v. Ferrellgas, Inc. neutral
lactapp · 2003
1 sentence

2004Ass’n, 2002-33 (La.App. 3 Cir. 5/15/02) , 819 So.2d 1098 , reaffirming the application of the law in effect at the time of the injury to a claim under La.R.S. 23:1223.

12004–2004
Doyle v. Mitsubishi Motor Sales of America, Inc. green
lactapp · 2000
1 sentence

2004Doyle , 99-0459 at 6, 764 So.2d at 1044 .

12004–2004
Resweber v. Haroil Const. Co. green
la · 1995
1 sentence

1998Resweber, 660 So.2d 7 .

11998–1998
Barker v. Aetna Cas. & Sur. Co. green
lactapp · 1980
1 sentence

1987Co., 380 So.2d 178 (La.App. 1st Cir.1979), writ denied, 383 So.2d 25 (La.1980).

11987–1987
Barker v. Aetna Casualty & Surety Co. neutral
la · 1980
1 sentence

1987Co., 380 So.2d 178 (La.App. 1st Cir.1979), writ denied, 383 So.2d 25 (La.1980).

11987–1987
Boudreaux v. American Insurance Company green
la · 1972
1 sentence

1986Boudreaux v. American Insurance Co., 264 So.2d 621 (La.1972).

11986–1986
Bolden v. Georgia Cas. & Sur. Co. green
la · 1978
1 sentence

1979In Bolden v. Georgia Casualty & Surety Company, 363 So.2d 419 (1978), the Louisiana Supreme Court outlined the appropriate test in cases of this kind: “The underlying rationale of the Wallace rule is that an employee who becomes disabled after the prescriptive year (but within two years after the accident) will not be penalized by the loss of his compensation rights, unless he fails to bring suit to enforce them within one year after it is manifest, rather than conjectural, that he has a compensable claim.” Applying this test to the facts above, it is clear to us that a contested issue of fact

11979–1979
Edwards v. Fidelity & Casualty Co. green
lactapp · 1929
1 sentence

1945In his dissent, the writer of this opinion also expressed himself as having a preference for the doctrine announced in the case of Edwards v. Fidelity Casualty Co. of New York, 11 La.

11945–1945

Statutes the citing opinions construe

LA § La. Rev. Stat. § 23:1221 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

TX 189 (1915–2026) NY 63 (1900–2025) MI 49 (1925–2025) CA 46 (1918–2025) WA 35 (1955–2025) OR 34 (1922–2023) IL 34 (1899–2025) OH 31 (1900–2025) LA 30 (1945–2021) FL 25 (1894–2026) NC 22 (1883–2023) GA 22 (1921–2024) IA 22 (1957–2022) VA 21 (1891–2024) MA 21 (1876–2026) CO 21 (1986–2025) KY 20 (1916–2024) TN 19 (1915–2021) AZ 18 (1932–2022) CT 18 (1923–2020) OK 17 (1931–2025) ME 17 (1939–2024) KS 17 (1915–2024) UT 15 (1986–2024) PA 14 (1865–2025) WI 13 (1960–2011) MO 13 (1916–2021) NJ 13 (1971–2025) MD 13 (1898–2022) MN 12 (1956–2026) AL 11 (1915–2023) SC 11 (1962–2025) IN 10 (1909–2025) MT 8 (1979–2025) AR 8 (1911–2013) NH 7 (1986–2013) MS 7 (1953–2022) NM 6 (1933–2022) HI 6 (2001–2019) DC 5 (1979–2011) NV 5 (2003–2021) DE 5 (1982–2026) ID 5 (1939–2024) VT 5 (1934–2025) AK 3 (1997–2023) SD 3 (1967–2007) RI 2 (1987–2013) NE 2 (1966–1988) ND 2 (2002–2002) WY 2 (1999–1999) WV 2 (1990–1997) VI 2 (2008–2017)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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