Thibodeaux v. Doe’s Empirical Analysis
1992
Citation profile
12 state decisions
How this case has been cited
Cited by 12 later decisions — most recently April 2016
12 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on 549 So. 2d 840 - Rosell v. Esco · Hemel v. State Farm Mut. Auto. Ins. Co. · Dugas v. Travelers Insurance Co. · Chapman v. State · Casanova v. Ballard
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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The physical contact requirement has two bases: (1) it prevents, as much as possible, false or fraudulent claims; and (2) it allows recovery under circumstances in which the insured otherwise could not carry the burden of proof. The second basis is explained by McKenzie and Johnson in their insurance treatise: The insured bears the burden of proof to establish every fact essential to a cause of action under the policy coverage. One essential element is proof that the negligent motorist was uninsured. When the owner and driver of the adverse vehicle cannot be identified, the insured is unable to prove lack of insurance. Therefore, the inclusion of coverage for a hit and run vehicle allows recovery under circumstances in which the insured otherwise could not carry the burden of proof, and the insurer may impose the physical contact requirement on this voluntary extension of coverage. 15 Shelby McKenzie and Alston Johnson, Louisiana Civil Law Treatise § 111, at pp. 234-235 (1986).”
1 later decision quote this exact passage“means a land motor vehicle or trailer: * * * * * * d. Which is a hit-and-run vehicle and neither the driver nor owner can be identified. The vehicle must hit an”
1 later decision quote this exact passage“is legally entitled to recover as damages from the owner or driver of an”
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.