Case law

Haworth v. L'Hoste

664 So. 2d 1335 · Louisiana Court of Appeal · Nov 30, 1995

His tenth grade education and previous qualification in court as an expert in tree-trimming and in a case involving a tree that extended over a property line do not qualify him as a forester, one who is qualified to measure … This statute, which authorizes treble damages, is punitive and must be strictly construed, so that petitioners must establish by clear evidence a violation of the statute by flagrant disregard of clearly marked ownership

Breaux v. State

314 So. 2d 449 · Louisiana Court of Appeal · Sep 26, 1975

Inasmuch as the issue of governmental immunity is absent herein, the doctrine of respondeat superior is applicable. … The record also clearly establishes the fact that no one, including Breaux's closest inmate friend, Kenneth Peterson, anticipated any difficulty.

Prince v. Buck

2006 La.App. 4 Cir. 1603 · Louisiana Court of Appeal · May 16, 2007

Buck and CNA are immune from claims for legal malpractice involving his representation of Mr. Prince because Mr. Prince settled his claims following Mr. Buck’s withdrawal as counsel. … Buck and CNA are immune from legal malpractice claims because Mr. Prince settled his claims following Mr. Buck’s withdrawal as counsel. Mr.

Sanders v. Twenty-Eighth Judicial Dist. Democratic Executive Committee

73 So. 2d 629 · Louisiana Court of Appeal · Jun 24, 1954

The material facts involved, as hereinafter recited, have been so well established as to leave no real basis for dispute. … our opinion, should not be disturbed unless they are clearly unreasonable or arbitrary.

Brooks v. Reimonenq

2010 La.App. 4 Cir. 0296 · Louisiana Court of Appeal · Jul 21, 2010

Defendants assert that a proper foundation was never laid in order to qualify the U.S. … Keys qualified as a proper witness under the business records exception and that her testimony was adequate to establish a foundation for the introduction of the evidence.

Lavalais v. STATE, EX REL. DOTD

26 So. 3d 895 · Louisiana Court of Appeal · Dec 9, 2009

[t]he appellate court must further determine that the record establishes that the finding is not clearly wrong (manifestly erroneous). Mart v. Hill, 505 So.2d 1120, 1127 (La. 1987) (quoting Arceneaux v. … Therefore, we find that the trial court's decision in this case was manifestly erroneous and clearly wrong.

Simmons v. Luba Workers' Comp.

16 La.App. 3 Cir. 523 · Louisiana Court of Appeal · Nov 2, 2016

Unless the WCJ’s findings of fact are found to be manifestly erroneous or clearly wrong, those findings will not be set aside. Id. … The evidence established that SCI had $63,116 in taxable earnings and retained $75,950 cash in its bank account at year’s end in 2014.

Hernandez v. Schwegmann Giant Supermarkets

464 So. 2d 902 · Louisiana Court of Appeal · Feb 12, 1985

Clearly the jury accepted the testimony of Ms. Hernandez and rejected that of the defendants. Ms. … Under these circumstances we cannot say that the jury was clearly wrong in awarding damages in the amount of $23,000.

Doiron v. Geo Drilling Fluids, Inc.

541 So. 2d 202 · Louisiana Court of Appeal · Feb 16, 1989

If Industrial Buildings was in this position at the time of the accident, it would be immune from suit in tort and plaintiff’s exclusive remedy would be under the worker’s compensation statute. … Recent jurisprudence has clearly established that the statutes are to be given a disjunctive reading whereby “a general contractor is exempt from tort liability to a subcontractor’s employee if the general contractor subcontracts

Cormier v. Aetna Ins. Co.

368 So. 2d 461 · Louisiana Court of Appeal · Feb 5, 1979

In this case the plaintiff has failed to establish the latter requirement. … Clearly, the testimony in this case indicates that the accident did not affect the plaintiff's disability.

Guidry v. Glazer's Distributors of Louisiana, Inc.

10 La.App. 3 Cir. 218 · Louisiana Court of Appeal · Nov 3, 2010

Her actions are clearly distinguishable from the comparators she offers. Accordingly, we conclude that Guidry failed to establish a prima facie case under the McDonnell Douglas framework. … This was clearly insubordinate behavior and a violation of company policy.

Girgis v. Macaluso Realty Co.

2000 La.App. 4 Cir. 0753 · Louisiana Court of Appeal · Jan 31, 2001

Girgis was |nnot qualified under the provisions of La. … Moreover, because the record clearly reveals that Dr.

Arthur Leonard Sealy, III v. Jason Trevor Brown

Louisiana Court of Appeal · Feb 4, 2020

In the event that the qualifications for an office include a residency or domicile requirement, a candidate shall meet the established length of residency or domicile as of the date of qualifying, notwithstanding … Judge Smith clearly indicated that Sealy would be required to state his name and address again.

Davis v. Material Delivery Service, Inc.

506 So. 2d 1243 · Louisiana Court of Appeal · Apr 14, 1987

However, worker's compensation is the exclusive remedy of the contractor's employee held to be a statutory employee of the principal; the principal is immune from tort liability. LSA-R.S. 23:1032. … Holston Well Service, Inc., 488 So.2d 934 , 939 n. 4. [7] The trial judge conceded in his reasons for judgment that MDS could qualify as a statutory employer only under the two-contract theory. [8] The worker's compensation

Wagnon v. Hebert

520 So. 2d 1136 · Louisiana Court of Appeal · Dec 9, 1987

James Klinger, a mechanic employed by Seibarth's, was qualified as an expert mechanic by the court. … It is well established law in Louisiana that to maintain an *1138 action of redhibition, the plaintiff must prove that the thing contained a hidden vice, not apparent by ordinary inspection, which subsequently rendered the

Adams v. Chevron USA, Inc.

589 So. 2d 1219 · Louisiana Court of Appeal · Nov 14, 1991

These witnesses established that, aside from being given a manual to read, Adams had received no training in the proper way to ride in a personnel basket. … By reference to the four inquiries established in the Christophersen case, we find that Captain Torrence was qualified to testify on the issues excluded at trial.

Steinfelds v. Villarubia

2010 La.App. 4 Cir. 0975 · Louisiana Court of Appeal · Dec 15, 2010

“An alleged employer can rebut this presumption by either (i) establishing that the services were ‘not pursuant to any trade, business, or occupation (e.g., construction of one’s private residence)’; or (ii) establishing … R.S. 23:1021(7), which would allow plaintiff to qualify for workers’ compensation. La.

Brown v. Archer

929 So. 2d 172 · Louisiana Court of Appeal · Mar 21, 2006

that the finding is clearly wrong or manifestly erroneous. … Archer isn't a qualified elector in the Fourth Municipal District. Appellant argues that because Mr.

Winn v. Department of Police

2013 La.App. 4 Cir. 0199 · Louisiana Court of Appeal · Feb 21, 2014

Hessler advised his client to remain silent unless compelled to give an administrative statement or until immunity could be obtained. … Furthermore, the appointing authority failed to establish that its termination of the appellant was based on good cause or that the punishment was commensurate with the alleged infraction.

Stephenson v. List Laundry & Dry Cleaners, Inc.

168 So. 317 · Louisiana Court of Appeal · Jun 2, 1936

The two above-named establishments, although shown to be holding and subsidiary companies, respectively, were distinct organizations. … Ordinarily, when an insured’s immunity from an action is absolute, there likewise can be no action against the insurer. Harris v. Louisiana State Normal College, 18 La.App. 270 , 138 So. 182 ; Loustalot et al. v.