157 So. 3d 779 - Scott v. Zaheri’s Empirical Analysis
2014
Citation profile
18 state decisions
Relationships
Relies on 616 So. 2d 1234 - Everything on Wheels Subaru, Inc. v. Subaru South, Inc. · Cartwright v. Chrysler Corporation · State v. Lott · 601 So. 2d 1355 - Spott v. Otis Elevator Co. · 607 So. 2d 532 - Bustamento v. Tucker
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“A judgment granting a peremptory exception is generally reviewed de novo, because the exception raises a legal question. See Metairie III v. Poche’ Const., Inc., 10-0353, p. 3 (La.App. 4 Cir.9/29/10); 49 So.3d 446, 449 . When evidence is introduced and evaluated at the trial of a peremptory exception, we must review the entire record to determine whether the trial court manifestly erred with its factual conclusions. See Davis v. Hibernia Nat. Bank, 98-1164 (La.App. 4 Cir. 2/24/99) ; 732 So.2d 61, 63 . The standard of review of a trial court’s finding of facts supporting prescription is that the appellate court should not disturb the finding of the trial court unless it is clearly wrong. See In re Medical Review. Proceedings of Ivon, 01-1296, p. 5 (La.App. 4 Cir.3/13/02); 813 So.2d 532, 536 . The standard controlling our review of a peremptory exception of prescription also requires that we strictly construe the statutes against prescription and in favor of the claim that is said to be extinguished. See Proctor’s Landing Property Owners Ass’n, Inc. v. Leopold, 11-0668, p. 10 (La.App. 4 Cir.1/30/12); 83 So.3d 1199, 1206 ;. Bosarge v. DePaul/Tulane Behavioral Health Center, 09-1345, p. 2 (La.App. 4 Cir. 5/19/10); 39 So.3d 790, 792 .”
2 later decisions quote this exact passage“courts have found torts to be continuous in nature where each individual act would not necessarily give rise to a cause of action; but instead, the cumulative effect of regularly-occurring or continuous actions results in successive damages from day to day.”
1 later decision quote this exact passage“[t]he inquiry is essentially a conduct-based one, asking whether the tortfeasor perpetuates the injury through overt, persistent, and ongoing acts.”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.