Supreme Court of Louisiana, 1983

Rodriguez v. New Orleans Public Service, Inc.

Rodriguez v. New Orleans Public Service, Inc.
Supreme Court of Louisiana · Decided August 9, 1983 · Dennis
435 So. 2d 423; 1983 La. LEXIS 12560 (Southern Reporter, Second Series)
Rodriguez v. New Orleans Public Service, Inc.

Cases that cite this one

1 later published case cites this decision.

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

DENNIS, Judge,

dissenting.

I respectfully dissent.

Included in those risks associated with the conducting of a common carrier enterprise is the risk of harm to a passenger caused by unruly fellow passengers whom the common carrier fails to oversee despite adequate reason to do so. That exact risk is present in this case and I see no reason to forsake our rule which would impose the highest degree of care upon a common carrier to guard against such attacks. Furthermore, as expressed in the reasons assigned by Calogero, J., I believe that the facts support plaintiff’s recovery under a standard of reasonable care.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.