643 So. 2d 236 - Bourque v. Bailey’s Empirical Analysis
1994
Citation profile
5 state decisions
How this case has been cited
Cited by 5 later decisions — most recently December 2010
5 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
Applies 45 U.S.C. § 51 (Federal Employers' Liability Act)
Relies on Sanders v. Hercules Sheet Metal, Inc. · 397 So. 2d 490 - Vermilion Corp. v. Vaughn · 359 So. 2d 607 - Alexander v. Burroughs Corp. · 617 So. 2d 885 - Touchard v. Williams · 427 So. 2d 1152 - Indus. Sand and Abrasives v. L. & NR Co.
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.
“In addition to general and special damages, exemplary damages may be awarded upon proof that the injuries on which the action is based were caused by wanton or reckless disregard for the rights and safety of others by a defendant whose intoxication while operating a motor vehicle was a cause in fact of the resulting injuries.”
2 later decisions quote this exact passage“... directly or indirectly, only the intoxicated driver, his insurer, and legal representativesin other words, those affiliated with the party targeted by the punitive provisions of LSA-C.C. art. 2315.4may be assessed with punitive damages under that provision. (emphasis added)”
2 later decisions quote this exact passage“In light of the intentions of the legislature as revealed by the article’s clear terms and other related legislation on the subject, we hold that LSA-C.C. art. 2315.4 limits those from whom penal relief might be obtained to ‘a defendant whose intoxication while operating a motor vehicle was a cause in fact ...’ of injuries to others. Significantly, the provision defines a limited, class of individuals against whom exemplary damages may be awarded, not one which works to deny an accident victim his right to compensatory damages in derogation of LSA-C.C. art. 2315.1. Cf., Monteville v. Terrebonne Par. Con. Gov’t., 567 So.2d 1097, 1100 (La.1990); Cf. Joe, Inc. v. Chevron U.S.A., Inc., 561 So.2d 62, 64 (La.1990).”
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.