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

6 Louisiana opinions name it 1 courts 1985–1995 0 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 (3)

CaseFollowedCited
Turner v. New Orleans Public Service, Inc.green
la · 1985 · cited in 3 Louisiana opinions naming this issue, 1986–1995
2 sentences

1995After the legislature adopted comparative negligence, the Supreme Court revisited this issue in Turner v. New Orleans Public Service Inc., 476 So.2d 800 (La.1985) and decided that the Baumgartner rule was no longer necessary, but found the pedestrian who was struck in a crosswalk only slightly at fault.

1995After the legislature adopted comparative negligence, the Supreme Court revisited this issue in Turner v. New Orleans Public Service Inc., 476 So.2d 800 (La.1985) and decided that the Baumgartner rule was no longer necessary, but found the pedestrian who was struck in a crosswalk only slightly at fault.

23
Osby v. Harrisgreen
lactapp · 1979 · cited in 2 Louisiana opinions naming this issue, 1986–1989
2 sentences

1989Osby v. Harris, 375 So.2d 181, 183 (La.App. 2d Cir.1979).

1989Osby v. Harris, 375 So.2d 181, 183 (La.App. 2d Cir.1979).

12
Aetna Cas. and Sur. Co. v. Nerogreen
la · 1983 · cited in 1 Louisiana opinions naming this issue, 1995–1995
2 sentences

1995In Aetna Casualty and Surety Co. v. Nero, 425 So.2d 730, 733 (La.1983), the Supreme Court discussed the Baumgartner rule and explained: _That ruling was designed to compensate for the lack of mutuality of risks involved between motor vehicles and pedestrians.

1995In Aetna Casualty and Surety Co. v. Nero, 425 So.2d 730, 733 (La.1983), the Supreme Court discussed the Baumgartner rule and explained: _That ruling was designed to compensate for the lack of mutuality of risks involved between motor vehicles and pedestrians.

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 (5)

CaseCitedYears
Baumgartner v. State Farm Mut. Auto. Ins. Co. yellow
la · 1978
2 sentences

1986Plaintiff contends that a motorist owes a higher duty of care to see what is ahead when approaching an accident site where intoxicated or incapacitated people are likely to be present, citing Baumgartner, supra. However, we note that the Baumgartner rule has been limited to apply only where the accident occurs at a pedestrian crosswalk and the driver of the vehicle is negligent.

1986Plaintiff contends that a motorist owes a higher duty of care to see what is ahead when approaching an accident site where intoxicated or incapacitated people are likely to be present, citing Baumgartner, supra. However, we note that the Baumgartner rule has been limited to apply only where the accident occurs at a pedestrian crosswalk and the driver of the vehicle is negligent.

11986–1986
Perrodin v. Zander green
lactapp · 1983
2 sentences

1985And in Perrodin v. Zander, supra, the third circuit applied Baumgartner to a pedestrian crossing a highway at night at a place where no crosswalk existed.

1985And in Perrodin v. Zander, supra, the third circuit applied Baumgartner to a pedestrian crossing a highway at night at a place where no crosswalk existed.

11985–1985
Smith v. Millers Mut. Ins. Co. green
lactapp · 1982
2 sentences

1985Co., 419 So.2d 59 (La.App. 2d Cir. 1982), writ denied 422 So.2d 155 (La.1982), this court applied the Baumgartner standard to a street in Haughton with no sidewalks or marked crosswalks.

1985Co., 419 So.2d 59 (La.App. 2d Cir. 1982), writ denied 422 So.2d 155 (La.1982), this court applied the Baumgartner standard to a street in Haughton with no sidewalks or marked crosswalks.

11985–1985
Widcamp v. State Farm Mut. Auto. Ins. Co. green
lactapp · 1980
2 sentences

1985Co., 381 So.2d 937 (La.App. 3d Cir.1980), the third circuit applied the Baumgartner standard to a street without marked crosswalks, expressly stating that Baumgartner was not limited to pedestrian crosswalk situations.

1985Co., 381 So.2d 937 (La.App. 3d Cir.1980), the third circuit applied the Baumgartner standard to a street without marked crosswalks, expressly stating that Baumgartner was not limited to pedestrian crosswalk situations.

11985–1985
Smith v. Millers Mutual Insurance Co. neutral
la · 1982
2 sentences

1985Co., 419 So.2d 59 (La.App. 2d Cir. 1982), writ denied 422 So.2d 155 (La.1982), this court applied the Baumgartner standard to a street in Haughton with no sidewalks or marked crosswalks.

1985Co., 419 So.2d 59 (La.App. 2d Cir. 1982), writ denied 422 So.2d 155 (La.1982), this court applied the Baumgartner standard to a street in Haughton with no sidewalks or marked crosswalks.

11985–1985

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