operation rule in Louisiana

1989The Louisiana Supreme Court recently explained the operation of this principle in Montgomery v. Opelousas General Hospital, 540 So.2d 312 (La.1989), a medical malpractice case: The principle of res ipsa loquitur is a rule of circumstantial evidence that infers negligence on the part of defendants because the facts of the case indicate that the negligence of the defendant is the probable cause of the accident, in the absence of other equally probable explanations offered by credible witnesses.

1989The Louisiana Supreme Court recently explained the operation of this principle in Montgomery v. Opelousas General Hospital, 540 So.2d 312 (La.1989), a medical malpractice case: The principle of res ipsa loquitur is a rule of circumstantial evidence that infers negligence on the part of defendants because the facts of the case indicate that the negligence of the defendant is the probable cause of the accident, in the absence of other equally probable explanations offered by credible witnesses.

2008Also in support of its decision, the Court of Appeal distinguished the case of Chaney v. Travelers Insurance Co., 259 La. 1 , 249 So.2d 181 (1971), [23] specifically finding that Chaney provided no authority for imposing liability under Louisiana Civil Code article 667 on the lessor-owner for the acts of the lessee because the lessee in the instant matter is not the agent, contractor, or representative of the lessor owner.

2008Also in support of its decision, the Court of Appeal distinguished the case of Chaney v. Travelers Insurance Co., 259 La. 1 , 249 So.2d 181 (1971), [23] specifically finding that Chaney provided no authority for imposing liability under Louisiana Civil Code article 667 on the lessor-owner for the acts of the lessee because the lessee in the instant matter is not the agent, contractor, or representative of the lessor owner.

1992Our Supreme Court recently summarized these changes and noted in Long v. Insurance Company of North America, 595 So.2d 636 (La.1992): In the 1989 session, the legislature passed Act 23, which amended and reenacted the procedure in effect prior to Act 938, thereby reinstating state district court review of OWC advisory recommendations. 1989 Acts 23 § 1.

1964C.A.) 220 F. 857, 860 ." The plaintiffs being estopped from attacking Delhommer's title by virtue of the operation of the doctrine of res judicata, a fortiori they are without right or cause of action to assail the title of Delhommer's vendee, Louisiana Power & Light Company.

1962The Court held that the attractive nuisance doctrine was not applicable, "considering the ages of the children in the case at bar, the distance of the lake from their home, that it was not of an unusual nature, that it was located outside of the corporate limits of the town of Ruston, that they were not required to pay any charge or fee for entering the premises, and that there appears to have been no unknown, hidden, or concealed dangers connected with the place of drowning." In that case the court also held that this doctrine is applied only in cases where children are too young to understan

1962The Court held that the attractive nuisance doctrine was not applicable, "considering the ages of the children in the case at bar, the distance of the lake from their home, that it was not of an unusual nature, that it was located outside of the corporate limits of the town of Ruston, that they were not required to pay any charge or fee for entering the premises, and that there appears to have been no unknown, hidden, or concealed dangers connected with the place of drowning." In that case the court also held that this doctrine is applied only in cases where children are too young to understan

1942The general statement of the rule of res ipsa loquitur or “the thing itself speaks” as stated in 45 C.J., § 768, page 1193, was accepted and approved by this Court in the case of Jones v. Shell Petroleum Corporation, 185 La. 1067 , 171 So. 447, 449 ; viz, “where the thing which caused -the injury complained of is shown to be under the management of the defendant or his servants, 'and the accident is such as in the ordinary course of things does not happen if those who have its management or control use proper care, it affords reasonable evidence, in absence of explanation by defendant, that th

1942The general statement of the rule of res ipsa loquitur or “the thing itself speaks” as stated in 45 C.J., § 768, page 1193, was accepted and approved by this Court in the case of Jones v. Shell Petroleum Corporation, 185 La. 1067 , 171 So. 447, 449 ; viz, “where the thing which caused -the injury complained of is shown to be under the management of the defendant or his servants, 'and the accident is such as in the ordinary course of things does not happen if those who have its management or control use proper care, it affords reasonable evidence, in absence of explanation by defendant, that th

1930We must therefore conclude that plaintiff suffered no contusion of the brain in 1922, which could have been the cause of his alleged disabilities or impairments, and, as he could have no dormant trouble resulting from a contusion or' concussion which ,had never happened, the blow he received in 1929 could not have activated or aggravated a diseased condition that did not exist, so as to bring the case under the operation of the doctrine announced in the case of Behan v. Honor Co., 143 La. 348 , 78 So. 589 , L.

1930We must therefore conclude that plaintiff suffered no contusion of the brain in 1922, which could have been the cause of his alleged disabilities or impairments, and, as he could have no dormant trouble resulting from a contusion or' concussion which ,had never happened, the blow he received in 1929 could not have activated or aggravated a diseased condition that did not exist, so as to bring the case under the operation of the doctrine announced in the case of Behan v. Honor Co., 143 La. 348 , 78 So. 589 , L.

1860See Bank of Louisiana v. Sterling, 2 La. 62 ; Mayor v. Ripley, 5 La. 122 ; Cooper v. Polk, 2 An. 158; Bagget v. Rightor, 4 Rob. 18 .

1860See Bank of Louisiana v. Sterling, 2 La. 62 ; Mayor v. Ripley, 5 La. 122 ; Cooper v. Polk, 2 An. 158; Bagget v. Rightor, 4 Rob. 18 .