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← 353 SO2D 449 - Landry v. Martin

Landry v. Martin’s Empirical Analysis

1978

Citation profile

5
cited by 5 later decisions
1
states following
May 1981
most recently cited

5 state decisions

Relationships

Relies on 276 So. 2d 309 - Jagers v. Royal Indemnity Company · 225 So. 2d 663 - Rollins v. New York Fire & Marine Underwriters, Inc. · 277 So. 2d 223 - Tabb v. Norred · 268 So. 2d 56 - Williams v. Garner · Smith v. Freeman

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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “"The `ability to pay' doctrine is founded on the principle that courts will not grant vain and useless relief, or render a judgment which is incapable of execution. Williams v. Garner, 268 So.2d 56 (La.App. 1 Cir. 1972) . That doctrine should not be applied, however, to completely relieve a defendant from liability for damages inflicted by his own negligence, or to reduce the award of damages to a bare minimum. Smith v. Freeman, 31 So.2d 524 (La.App. 2 Cir. 1947) ; Lacaze v. Horton, 100 So.2d 252, 255 (La.App. 2 Cir. 1958) . See also Tabb v. Norred, supra.”
    1 later decision quote this exact passage
  2. “"The law is settled that a defendant in a tort action may present evidence during the trial of the case on its merits to show his inability to pay general damages, and that the trial court may consider that evidence in determining the amount of the award of such damages . . ." (citations omitted)”
    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.