Case law

Insley v. Titan Ins. Co.

589 So. 2d 10 · Louisiana Court of Appeal · Oct 18, 1991

The Allen Parish Police Jury and its insurer do not qualify for immunity under the Recreational Use Statutes. Monteville v. … Given these unresolved and clearly disputed factual questions, the trial court was in error in granting the motions for summary judgment. See Chaney v.

Johnson v. Department of Public Safety

627 So. 2d 732 · Louisiana Court of Appeal · Dec 1, 1993

IMMUNITY FROM LIABILITY Even assuming arguendo that DPS is liable for its failure to inquire into the current health of all renewal applicants, we find that DPS is immune from tort liability under *740 the provisions of LSA-R.S … If the employee or agency had no discretion or choice as to the appropriate conduct, there is no immunity.

Ethyl Corp. v. Collector of Revenue

351 So. 2d 1290 · Louisiana Court of Appeal · Jan 11, 1978

ERRORS NOS. 2 & 3 In order for Ethyl to qualify for the tax credit as provided by LSA-R.S. 47:7, it is necessary that it meet the criteria established by the legislature for the granting of this tax credit. … Vial, 193 La. 1 , 190 So. 313 (1939), and that an exemption being an exceptional privilege, it must be clearly, unequivocally and affirmatively established. Meyers v. Flournoy, 209 La. 812 , 25 So.2d 601 (1946).

Lewis v. Four Corners Volunteer Fire Dept.

994 So. 2d 696 · Louisiana Court of Appeal · Sep 26, 2008

Mary Parish filed an answer and motion for summary judgment based on qualified immunity, which was scheduled for hearing on the morning of the trial, October 26, 2007. After hearing, the trial court granted St. … R.S. 33:9108B, which provides qualified immunity to providers of 911 services, as follows: No district, sheriff, service provider, nor any wireless service supplier which meets the requirements of R.S. 33:9109(F)(1) and (

Bell v. Crump

94 La.App. 3 Cir. 763 · Louisiana Court of Appeal · Mar 8, 1995

Additionally, we observe the viability of LSA-R.S. 13:1886: |5The clerk shall be a qualified elector of the state. … [glnstead, the legislature has only chosen to provide city court clerks with a qualified immunity which begins after the city court clerk’s bond has been exhausted. LSA-R.S. 13:1886.

Haley v. Leary

2009 La.App. 4 Cir. 1626 · Louisiana Court of Appeal · Aug 4, 2010

not clearly wrong. … is not clearly wrong.

Jacobs v. Oath for Louisiana, Inc.

2016 La.App. 4 Cir. 1060 · Louisiana Court of Appeal · Jun 22, 2017

Because all of the statements at issue are capable of a defamatory meaning, subject to a qualified privilege, and there exists genuine a issue of material fact as the record fails to establish conclusively that the DOI defendants … establish that the DOI defendants and Scheur defendants did not abuse their respective qualified privileges.

Thigpen v. Lacombe

2016 La.App. 1 Cir. 1612 · Louisiana Court of Appeal · Aug 29, 2017

On appeal, Thigpen does not dispute, and the documents offered by the parties clearly established that Cpt. … In so doing, we focus on the facts established by the documents to determine whether Opt. Lacombe acted with reckless disregard to the safety of others under the immunity protection afforded to him by La. R.S. 32:24D.

Bandy v. International Paper Co.

690 So. 2d 902 · Louisiana Court of Appeal · Feb 26, 1997

of the immune system. … The plaintiff agrees that there are qualified physicians within recognized medical specialities, who would testify that a person's immune system is not lowered by such exposures, and that such exposures do not make a person

Correro v. Caldwell

166 So. 3d 442 · Louisiana Court of Appeal · Jun 3, 2015

by statute or otherwise, including but not limited to immunity as provided in R.S. 23:1032, or that the other person’s identity is not known or reasonably ascertainable. … On its face, the claim against the employer was clearly prescribed.

Saine v. City of Scott

819 So. 2d 496 · Louisiana Court of Appeal · Jun 12, 2002

After thorough review of the record, we cannot say the trial court’s findings were clearly wrong or unreasonable. … The suit was removed to federal court and later dismissed on grounds of qualified immunity. The negligence claim was re-filed in state court, ensuing into the current proceedings.

Doucet v. Alleman

15 La.App. 3 Cir. 254 · Louisiana Court of Appeal · Oct 7, 2015

The trial court erred, in granting LDPSC’s motion for summary judgment based upon the qualified immunity for “discretionary acts” provision found in LSA-R.S. 9:2798.1 because that statute specifically excludes immunity for … Louisiana Revised Statute 9:2798.1 provides for the qualified immunity of state actors as follows: ■ *1112 |7A.

Shortess v. Touro Infirmary

508 So. 2d 938 · Louisiana Court of Appeal · Jun 3, 1987

The expert evidence establishes that the nature of the virus is unknown and there exists no known test for its detection. … , a non-qualified *942 health provider.

Herrera v. First National Insurance Co. of America

2015 La.App. 1 Cir. 1097 · Louisiana Court of Appeal · Jun 3, 2016

Herrera refers to the trial court’s judgment as a “grant of partial summary judgment under the theory of qualified immunity.” … LAW AND DISCUSSION The LSP moved for summary judgment, asserting that its officers had qualified immunity pursuant to La.

Daniel v. Blaine Kern Artists, Inc.

96 La.App. 4 Cir. 1348 · Louisiana Court of Appeal · Sep 11, 1996

However, a "compensated employee of such krewe or organization" is excepted from this statutory immunity even if he would otherwise qualify. … Otherwise, they are not immune. This court finds that defendants are not immune.

Dyer v. Davis

189 So. 2d 678 · Louisiana Court of Appeal · Jul 8, 1966

statements are established. … Such comment we believe clearly within the purview of the Times decision.

Larson v. XYZ Insurance Co.

2015 La.App. 4 Cir. 0704 · Louisiana Court of Appeal · Mar 23, 2016

Larson qualified as a “participant” under the immunity statute. Thus, the trial court concluded that Equest was entitled to immunity and not liable for Ms. Larson’s injuries. … R.S. 9:2795.3, the Equine Immunity Statute. Equest claims that Ms. Larson qualifies as a “participant” under the statute because she engaged in “equine activity.” Equest contends that Ms.

Domingue v. Stanley

784 So. 2d 844 · Louisiana Court of Appeal · May 2, 2001

Brian Paul Domingue proceeded down a small hill into a level area and then proceeded up a hill on what he believed to be a well established motorcycle or ATV trail. … Finding that the DOTD was entitled to immunity, we stated: Clearly, this accident took place in a rural setting. Because of this site's popularity, we believe it warrants being termed a recreational area.

Anderson v. Anderson

980 So. 2d 15 · Louisiana Court of Appeal · Feb 6, 2008

The Plaintiff argues that the acts of the Defendant's employees were operational and not subject to the qualified immunity. In Fowler v. … Since the acts are discretionary, the qualified immunity statute applies. Thus, the trial judge did not err in instructing the jury that the Defendant could not be held liable without finding gross negligence.

Davisson v. O'Brien

104 So. 3d 467 · Louisiana Court of Appeal · Aug 8, 2012

Her communications were factual and each letter clearly demonstrates her concerns for the child. O’Brien’s conduct was not just competent; it was exemplary. … Andrew’s position on the immunity issue includes: • Immunity shields only those in good faith, and who do not make a statement known to be false or with reckless disregard for the truth.