Carey v. UMC (United Mechanical Contractors)
Cases that cite this one
12 later published cases cite this decision.
- McKee v. Inspectorate America Corp. (La. Ct. App. 1994)
- Rose v. XYZ Cable Co. (La. Ct. App. 1992)
- Cador v. Deep South Equipment Co. (La. Ct. App. 2015)
- Bergeron v. Murphy Oil, U.S.A., Inc. (La. Ct. App. 2005)
- Trahan v. Trans-Louisiana Gas Co., Inc. (La. Ct. App. 1993)
- Lori Bernier v. St. Tammany Parish School Board, Melissa Schoegel, individually and on behalf of minor child, E.L. and ABC Insurance Company (La. Ct. App. 2025)
- Michael M. Mulkey, Sr. v. Century Indemnity Company, Petroleum Casualty Company, James Ralph Vannoy, R.H. Bretz, Ralph F. Howie, and Joseph D. Midwikis (La. Ct. App. 2019)
- Hebert v. Richard (La. Ct. App. 2011)
- Jones v. Tezeno (La. Ct. App. 2000)
- Barrino v. E. BATON ROUGE SCHOOL BD. (La. Ct. App. 1997)
- Landry v. Uniroyal Chemical Co., Inc. (La. Ct. App. 1995)
- Bridges v. Carl E. Woodward, Inc. (La. Ct. App. 1995)
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
In re Carey, Byron; — Plaintiff(s); applying for writ of certiorari and/or review; to the Court of Appeal, Fifth Circuit, No. 89-CA-0215; Parish of St. James, 23rd Judicial District Court, Div. “C”, No. 18623.
Prior report: La.App., 550 So.2d 949.
Writ granted. The judgments of the district and court of appeal granting UMC’s exception of no cause of action are reversed. Plaintiff’s petition asserts that defendants intended to injure him or knew or should have known that his injury was substantially certain to follow. Conditions of the mind such as malice, knowledge, and intent may be alleged generally. La.C.C.P. art. 856. Furthermore, the purpose of the exception of no cause of action is to determine the sufficiency of the petition and is triable on the face of the papers. Mayer v. Valentine Sugars, Inc., 444 So.2d 618 (La. 1984). The merit of plaintiffs claim is to be determined after findings of fact upon motion for summary judgment or trial on the merits.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.