Case law

Carrier v. Reliance Ins. Co.

759 So. 2d 37 · Supreme Court of Louisiana · Apr 11, 2000

first sentence of the endorsement clearly excluded coverage for bodily injury sustained by an employee of the named insured and that the second sentence of the endorsement established an exception to the exclusion in the … This language is clear and explicit and establishes that Plaintiff's auto is covered under the liability provision. (emphasis added).

Edward F. Breaux, Jr.; Linda Breaux v. Kevin Ray Worrell; City of Wilson North Carolina; Travelers Indemnity Company, Incorrectly Named as Travelers Indemnity Insurance Company; Travelers Property Casualty Company of America C/W Jessie J. Blanchard; Vickie B. Blanchard v. Travelers Indemnity Company; Kevin Ray Worrell, City of Wilson North Carolina

Supreme Court of Louisiana · Apr 10, 2026

Worrell does not qualify as such, there is no immunity in this case under the statute.10 9 This contractual language also excludes the possibility that Mr. … State, 635 So. 2d 188, 193 (La. 1994) (“Immunity statutes must be strictly construed against the party claiming the immunity.”).

Hardy v. Bowie

744 So. 2d 606 · Supreme Court of Louisiana · Sep 8, 1999

If the employee had no discretion or choice as to appropriate conduct, there is no immunity. … For the following reasons, clearly, the officers were reasonably discharging their duty when Bowie fired the fatal shot.

Costello v. Hardy

864 So. 2d 129 · Supreme Court of Louisiana · Jan 21, 2004

Costello's suit was filed. *148 In conclusion, therefore, we find that the record fails to establish the element of malice and that the trial court was clearly wrong in finding to the contrary. … The record clearly establishes the intentions of Joseph's brothers: to break Joseph's will or to deplete the estate to significantly reduce the endowment to Loyola University, and if that failed, to seek redress from Mr.

Byrd v. STATE THROUGH DEPT. OF PUBLIC SAFETY

637 So. 2d 114 · Supreme Court of Louisiana · May 23, 1994

established in the medical literature. … Agrawal, the isolated statements do not establish, more probably than not, that Byrd had herpetic rather than ulcerative colitis in January 1987, and that the removal of his colon would not have been necessary if Dr.

Nomey v. State

315 So. 2d 709 · Supreme Court of Louisiana · Jun 9, 1975

Plaintiffs contend that these provisions of the Act, applicable in certain aspects only to certain enumerated parishes, offend the privileges and immunities clause and the equal protection clause of the federal constitution … : PETITION TO: The undersigned qualified electors respectfully request that you call an election to submit, in the manner provided by law, to the qualified electors of the parish of__________________, or of Ward__________

State v. Saunders

393 So. 2d 1278 · Supreme Court of Louisiana · Feb 4, 1981

Art. 894.1(B)] "establishes procedures designed to adapt the sentence to the offender as well as the offense". … The trial court refused to apply Article 893 in the present case, apparently because the judge did not believe that the defendant qualified "as a narcotic addict".

Khammash v. Clark

145 So. 3d 246 · Supreme Court of Louisiana · May 7, 2014

In 1975, the Legislature enacted the MMA, La.Rev.Stat. § 40:1299.41 et seq., to establish a framework for compensating persons who are injured as a result of medical malpractice committed by qualified health care providers … The petition expressly noted, although some of the named defendants were qualified healthcare providers for whom claims first had to be reviewed by a medical review panel, other defendants were not such qualified providers

State v. Self

353 So. 2d 1282 · Supreme Court of Louisiana · Jan 30, 1978

This alone clearly indicates the witness lacked sufficient knowledge to qualify as an expert in speed calculations. … The trial court clearly erred in accepting the State's witness as an expert in estimating automobile speed based on the amount of vehicle damage.

St. Charles Gaming v. Riverboat Gaming

648 So. 2d 1310 · Supreme Court of Louisiana · Jan 17, 1995

The legislative intent of the ordinance clearly is to confine legal riverboat gaming, and not illegal gambling, to a specific district within the parish. … VI, § 17; see also Note, Municipal Antitrust Immunity After City of Columbia v.

Plantation Anhydrous Ammonia Corp. v. Anhydrous Ammonia Commission

234 La. 869 · Supreme Court of Louisiana · Mar 17, 1958

The Anhydrous Ammonia Commission of Louisiana, was created by Act 15 of 1948, Extra Session, now LSA-R.S. 3:1351-1357, wherein the composition of its membership as well as its powers and duties are clearly defined. … However, on appeal this complaint is abandoned and appellant concedes that Commissioner Graugnard was fully qualified to vote on said resolution as a farmer and user of anhydrous ammonia as a fertilizer.

Deer Enterprises, LLC v. Parish Council of Washington Parish

56 So. 3d 936 · Supreme Court of Louisiana · Jan 19, 2011

Although it grants an exemption from, or immunity to, § 583(A) and § 583(B), it does not create an exception to a duty because the effect of local referenda is not a duty. It does not immunize any actors from liability. … The trial court was clearly wrong in ruling the amendment violates the plaintiffs equal protection rights.

Slowinski v. EEIDD

828 So. 2d 520 · Supreme Court of Louisiana · Oct 15, 2002

X, § 1(B). [2] In Anderson , the court addressed the issue of whether the Red River Waterway Commission was an "arm of the state" entitled to Eleventh Amendment immunity. … X, Section 15 reads in part: "Nothing in this Part shall prevent the establishment by the legislature of a parish civil service system in one or more parishes, applicable to any or all parish employees ... or the establishment

Ss v. State Ex Rel. Dept. of Social Servic.

831 So. 2d 926 · Supreme Court of Louisiana · Dec 4, 2002

As to minors, prescription also runs unless exception is established by legislation. LA. … CIV.CODE ANN. art. 3492 unless plaintiffs can show an exception established by legislation.

Delcambre v. Blood Systems, Inc.

893 So. 2d 23 · Supreme Court of Louisiana · Jan 19, 2005

The court of appeal found that the application of the definitions set forth in the MMA to the present case clearly establishe[d] that Mr. Delcambre was not BSI's patient at the time of injury. … Finally, Delcambre was clearly not "confined" to a qualified health care facility at the time of the donation.

Tilton v. Vignes

33 La. Ann. 240 · Supreme Court of Louisiana · Feb 15, 1881

Was she in necessitous circumstances so as to assert the immunity ? Had she a person dependent upon her for support ? … It is clearly established that the demand was made on the 15th; that the seizure was executed on the 22d; that the tenant moved out on the 27th or on the 28th of January, 1880; that the plaintiff then moved in and occupied

Patricia Ann Thompson v. Winn-Dixie Montgomery, Inc.

181 So. 3d 656 · Supreme Court of Louisiana · Oct 14, 2015

Thompson because Winn-Dixie “clearly maintained the right to control and supervise the work of the KAP employee.” … that the finding is clearly wrong or manifestly erroneous.

Ex parte Plessy

45 La. Ann. 80 · Supreme Court of Louisiana · Jan 15, 1893

The whole gravamen of relator’s plea is contained in the fourteenth ground, which is as follows: “That the statute in question establishes an insidious distinction and discrimination between citizens of the United States … So far as the thirteenth amendment is concerned its application to this statute may be at once eliminated because the Supreme Court of the United'States has clearly decided that it does refer to rights of the character here

State v. Johnson

541 So. 2d 818 · Supreme Court of Louisiana · Jan 30, 1989

Agreeing with the defendant's argument that the prosecutor's remarks warranted a mistrial, we reasoned that: The prosecutor's reference to the unrebutted character of the State's evidence was clearly a comment upon the failure … At trial the State did not argue that any other circumstance qualified the Nunn homicide as first-degree murder.

Williams v. Police Jury of Concordia Parish

160 La. 325 · Supreme Court of Louisiana · Jan 4, 1926

The motion to elect should have been overruled, as plaintiffs clearly had the right to allege all of the grounds of attack upon the resolutions apportioning said funds, and to be heard as to" all of such grounds as a whole … The authority of police juries to lay out, establish, build, and maintain public roads within the limits of their respective parishes is admitted.