Falgout v. Jester’s Empirical Analysis
2004
Citation profile
1 federal appellate · 3 state decisions
Relationships
Relies on 740 So. 2d 603 - Marcus v. Hanover Ins. Co., Inc. · Wiltz v. Baudin's Sausage Kitchen · Cormier v. Albear · 715 So. 2d 574 - Gambino v. Lamulle · 581 So. 2d 340 - Stanfield v. Hartford Acc. and Indem. 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.
“With all due respect to the majority in Stanfield v. Hartford Ace. and Indem. Co., 89-1249 (LaApp. 3 Cir. 5/22/91), 581 So.2d 340 , this Court finds the distinction made between the auto dealership customers and the garage customers to be an artificial one, and we agree with Judge Guidiy’s dissent, which found no ambiguity or conflict in the provisions of the policy.... ... [W]e prefer to follow the opinions of the Fourth Circuit in the cases of Gambino v. Lamulle, 97-2798 (La.App. 4 Cir. 6/10/98) , 715 So.2d 574 , and Baker v. [Kenney], 99-2950 (La.App. 4 Cir. 5/3/00) , 767 So.2d 711 , writ denied, 2000-2153 (La. 10/13/00), 771 So.2d 650 , which interpreted substantially the same policy language as the policy in the case at bar. We note that under La. R.S. 22:671, the primary liability coverage for a loaner vehicle is provided by the driver’s policy, not the service dealer’s policy. Thus, Forrester’s policy which met the requirements of La. R.S. 32:900 provided the plaintiff with compensation contemplated by the Louisiana Motor Vehicle ^Responsibility Law. Further, because the policy provided coverage in the event the driver of the covered vehicle lacks the insurance coverage required by La. R.S. 32:900, we find that the language of the policy does not violate public policy and should be interpreted as written.”
1 later decision quote this exact passage“... the ownership, maintenance or use of locations for garage business and that portion of the roads or other accesses that adjoin these locations. "Garage operations" includes the ownership, maintenance or use of the "autos" indicated in SECTION I of this Coverage Form as covered "autos." "Garage operations" also include all operations necessary or incidental to a garage business.”
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.