Soileau v. LaFosse

7 Citing cases

  1. Conerly Corp. v. Regions Bank

    668 F. Supp. 2d 816 (E.D. La. 2009)   Cited 16 times
    Applying La. Code Civ. Proc. art. 698 in federal court

    When an incorporeal right is partially assigned, however, it is enforceable by both the assignor and assignee. La. Code Civ. P. 698(1); see also Soileau v. LaFosse, 558 So.2d 294, 296-97 (La. Ct. App. 1990). The Court looks to substantive Louisiana law in order to determine the real parties in interest in this case.

  2. Cobb v. Kleinpeter

    663 So. 2d 236 (La. Ct. App. 1995)   Cited 6 times

    Applying this standard, we cannot agree with plaintiff's contention, for even those aggrieved by the actions of others have a duty to mitigate or ameliorate damages. Soileau v. LaFosse, 558 So.2d 294 (La.App. 3 Cir. 1990). The doctrine of unavoidable consequences bars recovery of those damages which occurred after the initial injury and which might have been averted by reasonable conduct on the part of the plaintiff.

  3. Boyance v. United Fire & Cas. Co.

    242 So. 3d 745 (La. Ct. App. 2018)   Cited 3 times

    Further, such a driver is required to keep a lookout for vehicles upon the highway and to desist from entering until it is apparent to a reasonable prudent person that such can be done in safety. Soileau v. LaFosse , 558 So.2d 294 (La.App. 3d Cir.1990) ; Wells v. Allstate Insurance Co. , 510 So.2d 763 (La.App. 1st Cir.,) writ denied, 514 So.2d 463 (La.1987) ; Hardee v. St. Paul Fire and Marine Ins. Co. , 445 So.2d 771 (La.App. 3d Cir.1984). In Maylen v. Great West Casualty Company, 15–484, (La.App. 3 Cir. 11/4/15), 178 So.3d 302, another panel of our court found that because the facts were not in dispute in that case, summary judgment was appropriate.

  4. Daniels v. Burridge

    785 So. 2d 906 (La. Ct. App. 2001)   Cited 14 times

    (Emphasis added.) Corvers v. Acme Truck Lines, 95-925 (La.App. 5 Cir. 4/16/96), 673 So.2d 1088, 1090 (citing Soileau v. LaFosse, 558 So.2d 294 (La.App. 3 Cir. 1990)). Defendants argue that the trial court erred by not finding that Plaintiffs conduct contributed to the accident in question.

  5. Corvers v. Acme Truck Lines

    673 So. 2d 1088 (La. Ct. App. 1996)   Cited 16 times

    A driver entering the highway has a primary or high duty to avoid a collision; this duty becomes more onerous as the hazards increase and requires a motorist to use every reasonable means available to ascertain that his entry onto the highway may be made in safety, and such a driver is required to keep a lookout for vehicles on the highway and desist from entering until it is apparent to a reasonably prudent person that such can be done in safety. Soileau v. LaFosse, 558 So.2d 294 (La.App. 3 Cir. 1990). The burden of proving circumstances, such as speed, which caused or contributed to the accident is on the driver intruding into a favored street in violation of LSA-R.S. 32:124.

  6. Starnes v. Caddo Parish School Bd.

    598 So. 2d 472 (La. Ct. App. 1992)   Cited 32 times
    Refusing to use force of impact "as the determining factor in assessing the severity of the plaintiff's injuries"

    The standard is that of a reasonable man under like circumstances. Soileau v. LaFosse, 558 So.2d 294 (La.App. 3d Cir. 1990). An accident victim is obligated to exercise reasonable diligence and ordinary care to minimize his damages after the injury has been inflicted.

  7. Loveday v. Travelers Ins. Co.

    585 So. 2d 597 (La. Ct. App. 1991)   Cited 21 times
    Refusing to predicate negligence solely upon the fact that an adult or parent allowed an inexperienced, young, or unlicensed teenager to drive

    Further, such a driver is required to keep a lookout for vehicles upon the highway and to desist from entering until it is apparent to a reasonably prudent person that such can be done in safety. Soileau v. LaFosse, 558 So.2d 294 (La.App. 3d Cir. 1990); Wells v. Allstate Insurance Co., 510 So.2d 763 (La.App. 1st Cir.) writ denied, 514 So.2d 463 (La. 1987); Hardee v. St. Paul Fire and Marine Ins. Co., 445 So.2d 771 (La.App. 3d Cir. 1984). Jowers admitted at trial that he never saw either the Loveday or the Kidder vehicle.