720 So. 2d 140 - Toups v. Cochran’s Empirical Analysis
1998
Citation profile
2 state decisions
Relationships
Relies on Loescher v. Parr · 455 So. 2d 1364 - Harris v. Pizza Hut of Louisiana, Inc. · State v. Pipkins · 627 So. 2d 688 - Dye v. SCHWEGMANN BROS. SUPERMARKETS · 542 So. 2d 766 - Smith v. Walgreens Louisiana Co., Inc.
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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Plaintiffs contend that A & P is strictly liable to them pursuant to LSA-C.C. art. 2317, which imposes a legal duty upon all persons to be responsible for things in their custody. For this theory to apply plaintiffs must prove that 1) the thing which caused damage was in the care and custody of the defendant, 2) the thing had a vice or defect which created an unreasonable risk of harm, and 3) the injuries were caused by defect ... Plaintiffs do not even allege liability under these factors much less offer evidence to support them. In short, Art. 2317 has no application to this case. This is a simple negligence claim under C.C. art. 2315, which imposes liability upon one who causes damage to another.”
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.