Case law

Harper v. Minor

86 So. 3d 690 · Louisiana Court of Appeal · Feb 1, 2012

He’s not qualified to do so. … Clearly, Dr. Minor reviewed the films and had the responsibility to determine that the placement was correct and make the decision to go ahead with the procedure. We cannot speculate on Dr.

State ex rel. J.W.

2000 La.App. 4 Cir. 1445 · Louisiana Court of Appeal · Jan 10, 2001

Defatta believed that the injuries clearly resulted from someone beating the child severely for a long period of time. … Clearly, the letters to the state employees constituted inadmissible hearsay. P.C. had the burden of establishing their admissibility.

Comeaux v. Grey Wolf Drilling

93 La.App. 3 Cir. 1289 · Louisiana Court of Appeal · May 4, 1994

There was no evidence submitted at trial establishing that Grey Wolf had already satisfied payment of $50,000.00 of this claim. … Grey Wolf cannot now hide behind its self-insurance arrangements for immunity from penalties and attorney's fees.

Maxwell v. STATE, DEPT. OF TRANSP., ETC.

391 So. 2d 1230 · Louisiana Court of Appeal · Nov 26, 1980

The Department sums up its argument: "Clearly, some negligence on the part of Mrs. Maxwell caused this accident. … Evans was qualified to testify as an accident reconstruction expert. The trial judge committed no error in allowing his testimony.

Loe v. Whitman

107 So. 2d 536 · Louisiana Court of Appeal · Nov 25, 1958

This clearly appears, first, from the fact, as will be hereinafter shown, that the statute in question is wholly inapplicable to the situation presented here, and, secondly, from the fact the issue is not properly before … On the other hand when the defendant acts outside of his strict authority he breaches the condition of his immunity and is liable to a civil action for damages to persons harmed by his improper conduct.

Pyatt v. CALCASIEU PARISH SHERIFF'S OFFICE

8 La.App. 3 Cir. 1417 · Louisiana Court of Appeal · May 6, 2009

He claims that the trial court erred in not striking the affidavits of Judge Minaldi and the arresting officer; in relying on those for his decision; in ruling that the CPSO had qualified immunity; in finding no bad faith … Thereafter, if the adverse party fails to produce factual support sufficient to establish that he will be able to satisfy his evidentiary burden of proof at trial, there is no genuine issue of material fact. Reese v.

Carnes v. Wilson

118 So. 3d 1275 · Louisiana Court of Appeal · Jul 3, 2013

The test for employer liability has been established in LeBrane v. Lewis, 292 So.2d 216 (La.1974). … In Benoit, supra at 479 , the court observed that “[T]he broom stick battery on Benoit was clearly ‘employment-rooted.’

Slone v. Greber

989 So. 2d 273 · Louisiana Court of Appeal · Aug 13, 2008

The trial court granted the officer statutory immunity under La. R.S. 32:42(C) and rejected plaintiff's claim for damages. This appeal ensued. We affirm. … clearly wrong.

Price v. ERBE USA, INC.

9 La.App. 3 Cir. 1076 · Louisiana Court of Appeal · Jun 9, 2010

We have instructed the appellate courts that where there are two permissible views of the evidence, the factfinder’s choice between them cannot be manifestly erroneous or clearly wrong. … Humphries is in conflict on this issue of consent for the polypectomy, other evidence establishes that Mr.

Scott v. Stokes

976 So. 2d 769 · Louisiana Court of Appeal · Jan 23, 2008

No otherwise qualified disabled person shall, on the basis of a disability, be subjected to discrimination in employment B. … Clearly, if a person is not found to have a "known physical limitation," then they are not owed a "reasonable accommodation." La.Rev.Stat. 23:322(9).

Elisa Knowles Collins v. Leslie Ricard Chambers, Hon. Marcus L. Hunter, and Nancy Landry in Her Capacity as the Secretary of State for the State of Louisiana

Louisiana Court of Appeal · Aug 8, 2024

S. 18:492(A)(7) allows a candidate to be dis-qualified even when he or she is in point of fact qualified as that word is defined by the Louisiana Constitution. … Even pretermitting the Constitutional primacy argument, these two candidates should not be eliminated as candidates based on the clearly understood wording of La. R. S. 18:492(A)(7).

Arnold v. Ouachita Parish Fire Department

12 So. 3d 461 · Louisiana Court of Appeal · May 13, 2009

The trial court erred in finding that the discretionary function immunity conferred by La. … that the fact finder is clearly wrong or manifestly erroneous.

Exotic Feline Survival Ass'n v. City of Hammond

479 So. 2d 645 · Louisiana Court of Appeal · Nov 19, 1985

The Articles of Incorporation provides that Feline “shall possess all the powers, rights, privileges, capacities and immunities which non-profit corporations are authorized” by law. … Charities § 2(a), pp. 416-418, appears the following: *649 A charitable institution has been defined as one for the relief of a certain class of persons, either by alms, education, or care, a corporate body or establishment

Borel v. Young

947 So. 2d 824 · Louisiana Court of Appeal · Dec 29, 2006

suit against all tortfeasors, qualified or non-qualified, during the pendency of the panel proceeding. … The appellate court found " LeBreton and the cases following it recognize that the legislature has established special rules for prescription under the Medical Malpractice Act.

Brister v. Continental Ins. Co.

712 So. 2d 177 · Louisiana Court of Appeal · Apr 8, 1998

Richard Paddison, qualified as an expert in the field of neurology, reviewed voluminous medical records and assessed Mrs. Brister's condition. His testimony by video deposition established that Mrs. … Brister's treating physician, was qualified as an expert in general surgery and adult family practice. He testified that Mrs.

Wingfield v. STATE, DEPT. OF TRANSP.

835 So. 2d 785 · Louisiana Court of Appeal · Nov 8, 2002

or establish that the majority of their opinions were scientifically unreliable. … That is, the trier of fact's findings may be set aside only if found to be clearly or manifestly wrong. See Snearl v.

Castille v. St. Martin Parish School Board

15 La.App. 3 Cir. 997 · Louisiana Court of Appeal · Apr 27, 2016

that the factfinder is clearly wrong or manifestly erroneous. … Maraist & Thomas C. .Galligan, The Employer’s Tort Immunity: : A Case Study in Post-Modern Immunity, 57 La. L.Rev. 467, 473 (1997).

Foreman v. LSU Health Sciences Center

907 So. 2d 103 · Louisiana Court of Appeal · Mar 24, 2005

When reviewing the Commission's findings of fact, the appellate court is required to apply the manifestly erroneous or clearly wrong standard of review. … However, even if this issue is properly before us, we do not find that the use of a racial slur qualifies as an expression of a political belief.

Darbonne v. Wal-Mart Stores, Inc.

774 So. 2d 1022 · Louisiana Court of Appeal · Nov 2, 2000

Nelson's background and expertise, it wrongly qualified him. … Darbonne did not establish their case by a preponderance of the evidence.

Musa v. Litton-Avondale Industries, Inc.

10 La.App. 5 Cir. 627 · Louisiana Court of Appeal · Mar 29, 2011

Control, the first Ruiz factor, is perhaps the most universally accepted standard for establishing an employer-employee relationship. Ruiz, supra at 312 . … Here, Northrop Grumman clearly had the right to discharge Mr. Musa from its site. In fact, Mr. Musa testified that his immediate supervisor, Mr.