Hebert v. Maryland Cas. Co.

Hebert v. Md. Cas. Co., 369 So. 2d 708 (La. 1979)

Court: Supreme Court of Louisiana · State Highest Courts
Decided: March 30, 1979
Docket: No. 64183
Judges: Tate
Citations: 369 So. 2d 7081979 La. LEXIS 8145

Cited by 4

Opinion

369 So.2d 708 (1979)

Nanette Renee HEBERT

MARYLAND CASUALTY CO. et al.

No. 64183.

Supreme Court of Louisiana.

March 30, 1979.

Writ denied.

TATE, J., concurs and assigns reasons.

DIXON and DENNIS, JJ., would grant the writ.

TATE, Justice (concurring in the denial).

The result is correct. However, the fault of the victim that defeats recovery for harm occasioned by strict liability imposable upon the defendant involves a voluntary exposure to the risk with full knowledge and appreciation of the danger. Langlois v. Allied Chemical Corp., 258 La. 1067 , 249 So.2d 133, 140-141 . The trier of fact could properly have found that the plaintiff, an experienced horsewoman had so assumed the risk.

Although the language of the court of appeal incorrectly suggests that the objective test of contributory negligence rather than the subjective test of assumption of the risk defeats a recovery based on strict liability, the result is correct. See Daniel v. Cambridge Mutual Fire Insurance Co., 368 So.2d 810 (La.App. 2nd Cir. 1979) in which writs were denied this day, for a correct statement of the principles involved.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 4 cases

View all citing references →

State Appellate Courts4

Relies on it most ⓘ

Sumner v. Foremost Ins. Co.417 So. 2d 1327 (La. Ct. App. 1982)
Kent v. Gulf States Utilities Co.398 So. 2d 560 (La. Ct. App. 1980)
Mouton v. Southern Pacific Transp. Co.509 So. 2d 479 (La. Ct. App. 1987)
Johnson v. Acadiana Medical Center, Inc.524 So. 2d 811 (La. Ct. App. 1988)

Most recent

Johnson v. Acadiana Medical Center, Inc.524 So. 2d 811 (La. Ct. App. 1988)
Mouton v. Southern Pacific Transp. Co.509 So. 2d 479 (La. Ct. App. 1987)
Sumner v. Foremost Ins. Co.417 So. 2d 1327 (La. Ct. App. 1982)
Kent v. Gulf States Utilities Co.398 So. 2d 560 (La. Ct. App. 1980)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 3

Depth	Case	Cited by
	Langlois v. Allied Chem. Corp., 249 So. 2d 133 (La. 1971)	275
	Daniel v. Cambridge Mut. Fire Ins. Co., 368 So. 2d 810 (La. Ct. App. 1979)	16
	State v. Theriot, 369 So. 2d 708 (La. 1979)	3

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