fault requirement (Louisiana) · Go Syfert
← Louisiana issues

fault requirement in Louisiana

24 Louisiana opinions name it 2 courts 1985–2024 5 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 (5)

CaseFollowedCited
Costello v. Hardygreen
la · 2004 · cited in 13 Louisiana opinions naming this issue, 2006–2019
2 sentences

2019Id.

2008The Court also stated that: "The fault requirement is generally referred to in the jurisprudence as malice, actual or implied." Id.

113
Gurtler, Hebert & Co. v. Weyland MacH. Shop, Inc.green
lactapp · 1981 · cited in 1 Louisiana opinions naming this issue, 2022–2022
1 sentence

2022Second, it alleges a failure to perform claim—TPA failed “to perform its services consistent with the professional skill and care ordinarily provided by architects.” Both of these claims are contract-based and stem from the Construction Contract and the Architect Agreement. 15 Two sets of exceptions were filed—one by DNL and Mr. Francis; another by TPA. 16 See Gurtler, Hebert and Co., Inc. v. Weyland Machine Shop, Inc., 405 So.2d 660, 662 (La.

11
Valin v. Barnesgreen
lactapp · 1989 · cited in 1 Louisiana opinions naming this issue, 2010–2010
1 sentence

2010The care Mr. Hannie owed was addressed by this court in Shelvin v. Allstate Insurance Co., 99-833 (La.App. 3 Cir. 11/3/99) , 747 So.2d 160, 162 , (quoting Valin v. Barnes, 550 So.2d 352, 355 (La.App. 3 Cir.), writ denied, 552 So.2d 399 (La.1989)) (emphasis added): A motorist who is about to enter a roadway from a private driveway is required to yield the right of way to all approaching vehicles so close as to constitute an immediate hazard.

11
Cangelosi v. SCHWEGMANN BROS., ETC.green
la · 1980 · cited in 1 Louisiana opinions naming this issue, 2009–2009
1 sentence

2009Id.; see Cangelosi v. Schwegmann Brothers Giant Super Markets, 390 So.2d 196, 198 (La.1980) (which also considers falsity as a fifth and separate element).

11
Sassone v. Eldergreen
la · 1993 · cited in 1 Louisiana opinions naming this issue, 2008–2008
1 sentence

2008In Sassone v. Elder, 626 So.2d 345, 353-54 (La.1993), the Supreme Court stated: Plaintiffs in effect claim defamation by innuendo.

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 (6)

CaseCitedYears
Kennedy v. Sheriff of East Baton Rouge green
la · 2006
2 sentences

2024Id.

2024Id.

72012–2024
Shelvin v. Allstate Insurance Co. neutral
lactapp · 1999
2 sentences

2010The care Mr. Hannie owed was addressed by this court in Shelvin v. Allstate Insurance Co., 99-833 (La.App. 3 Cir. 11/3/99) , 747 So.2d 160, 162 , (quoting Valin v. Barnes, 550 So.2d 352, 355 (La.App. 3 Cir.), writ denied, 552 So.2d 399 (La.1989)) (emphasis added): A motorist who is about to enter a roadway from a private driveway is required to yield the right of way to all approaching vehicles so close as to constitute an immediate hazard.

2010The care Mr. Hannie owed was addressed by this court in Shelvin v. Allstate Insurance Co., 99-833 (La.App. 3 Cir. 11/3/99) , 747 So.2d 160, 162 , (quoting Valin v. Barnes, 550 So.2d 352, 355 (La.App. 3 Cir.), writ denied, 552 So.2d 399 (La.1989)) (emphasis added): A motorist who is about to enter a roadway from a private driveway is required to yield the right of way to all approaching vehicles so close as to constitute an immediate hazard.

12010–2010
Valin v. Barnes neutral
la · 1989
1 sentence

2010The care Mr. Hannie owed was addressed by this court in Shelvin v. Allstate Insurance Co., 99-833 (La.App. 3 Cir. 11/3/99) , 747 So.2d 160, 162 , (quoting Valin v. Barnes, 550 So.2d 352, 355 (La.App. 3 Cir.), writ denied, 552 So.2d 399 (La.1989)) (emphasis added): A motorist who is about to enter a roadway from a private driveway is required to yield the right of way to all approaching vehicles so close as to constitute an immediate hazard.

12010–2010
Arceneaux v. Domingue green
la · 1978
1 sentence

1993Rosell v. ESCO, 549 So.2d 840 (La.1989); Arceneaux v. Domingue, 365 So.2d 1330 (La.1978).

11993–1993
Rosell v. Esco green
la · 1989
1 sentence

1993Rosell v. ESCO, 549 So.2d 840 (La.1989); Arceneaux v. Domingue, 365 So.2d 1330 (La.1978).

11993–1993
Olsen v. Shell Oil Co. green
la · 1978
1 sentence

1985Hebert Law Center Publications Institute, 1980, pp. 240-243.) are contrary to the sole fault requirement of Olsen v. Shell Oil Co., 365 So.2d 1285 (La.1978).

11985–1985

Statutes the citing opinions construe

LA § La. Rev. Stat. § 14:49 (5) LA § La. Rev. Stat. § 1 (3) LA § La. Rev. Stat. § 14:47 (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

LA 24 (1985–2024) PA 15 (1991–2024) CA 12 (1905–2025) NJ 10 (1987–2024) MO 9 (1905–2017) WA 8 (1958–2002) NY 8 (1971–1999) OH 8 (1978–2023) AR 6 (1946–2007) IA 6 (1901–2004) NM 5 (1922–2024) TX 4 (1989–2022) MA 4 (1995–2024) IL 4 (1907–2021) MN 4 (1985–2019) VA 4 (1985–2001) AZ 3 (2009–2021) KS 3 (1997–2011) MD 3 (1990–2007) MI 3 (1976–2008) ND 2 (2013–2013) AL 2 (1988–2007) NE 2 (1900–1941) NC 2 (1946–2017) SC 2 (1991–2006) WI 2 (1932–2001) ME 2 (2001–2001) MT 2 (1998–2000)

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.

← Caselaw search · G Cite Topics · Brief Check