Case law

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.

In Re: Medical Review Proceedings Cheryl D. Armenio

Louisiana Court of Appeal · Nov 19, 2025

Thereafter, the PCF notified Armenio that Hurst was a qualified health care provider. … • On June 16, 2020, Armenio had a follow-up visit with Hurst regarding hypertension, lab work and Tdap immunization.

DuBois v. McGuire

579 So. 2d 1025 · Louisiana Court of Appeal · Mar 14, 1991

On appeal, the PPG contends that it is immune from liability pursuant to the provisions of La.R.S. 9:2798.1, and that notwithstanding the immunity statute, it was not negligent in the enforcement of the ordinance, and therefore … Further, we find that the trial judge was clearly wrong in concluding that the parish failed to adequately enforce its ordinance, thereby causing injuries to this child.

Jordan v. 26th Senatorial District Democratic Executive Committee

202 So. 2d 681 · Louisiana Court of Appeal · Sep 12, 1967

The committee’s answer avers plaintiff failed to qualify because his notice of candidacy was not filed within the required time. *683 ON THE EXCEPTIONS Quite clearly the 24th Judicial District Court did have jurisdiction … The committee has no established office ; it has no office at all and, as testified by its secretary, can meet at any place. In actual fact its first meeting was held in Baton Rouge. Under LSA-C.C.P.

Petroleum Rental Tools, Inc. v. Hal Oil & Gas Co.

701 So. 2d 213 · Louisiana Court of Appeal · Aug 22, 1997

(iii) A person who may be immune from suit because of immunity granted by statute. … Therefore, we conclude that Tadlock's liability for the redhibitory defect qualifies as "fault" under *218 Article 2323 A.

Bryant v. Tidy Building Services

95 La.App. 4 Cir. 2724 · Louisiana Court of Appeal · Jul 3, 1996

Lipsey stated that his opinion that high doses of butoxyethanol can cause destruction of red blood cells, kidney damage, and damage to the immune system was based on “scientific literature.” … George stated, he was unable to find any connection between butoxyethanol and immune Rdamage. Dr. George cited some of the scientific articles he relied upon in forming his opinion. Dr.

Apande v. Kudla

560 So. 2d 668 · Louisiana Court of Appeal · Apr 18, 1990

All malpractice claims against health care providers covered by this Part, other than claims validly agreed for submission to a lawfully binding arbitration procedure, shall be reviewed by a medical review panel established … Therefore, we find that the trial court was clearly wrong in sustaining defendants’ exception of peremption and/or prescription. For these reasons, the judgment of the trial court is reversed.

Eppling v. Eppling

537 So. 2d 814 · Louisiana Court of Appeal · Jan 18, 1989

It is clearly established that throughout Mr. Eppling's earlier affair with Annette Roberts, Mrs. Eppling knew in her own mind (albeit without legal sufficient proof) that such an affair was occurring. Mrs. … The facts further establish that shortly after the separation, Mr.

Burrell v. Schlesinger

459 So. 2d 1195 · Louisiana Court of Appeal · Oct 24, 1984

The statute does not provide "immunity" to contractors. … Trial evidence establishes that the pile driving activity occurred on August 22, 1980. At trial defense counsel objected to plaintiff's counsel's questioning that the damage occurred on August 22nd.

Planters Trust & Savings Bank v. Sentry Drill Collar Inspection

503 So. 2d 1163 · Louisiana Court of Appeal · Mar 4, 1987

Thus, the Langleys clearly did not comport with the dictates of section 1823(e) and its predecessor, D’Oench. … Under the above rules, we conclude the FDIC clearly proved, by the affidavits of the liquidators, the amount due. The affidavit of Mr.

Kim Doucet, Et Ux. v. Keith Alleman

Louisiana Court of Appeal · Oct 7, 2015

Qualified Immunity Furthermore, even if we found that Kibodeaux had breached her duty to the motoring public, she would be exempt from liability due to qualified immunity according to the plain meaning of La.R.S. … Moreover, she is entitled to qualified immunity under La.R.S. 9:2798.1.

Johnfroe v. Children's Hosp.

537 So. 2d 383 · Louisiana Court of Appeal · Dec 29, 1988

Plaintiffs charge all defendants with malice, recklessness, indifference, publication of this vicious, clearly unfounded *385 charge of criminal behavior on the part of plaintiffs which is defamatory per se." … Mary and John Doe and XYZ Insurance Company were apparently never served with citation. [2] We need not discuss any possible immunity from civil liability provided by La.R.S. 14:403 since we have resolved the appeal on these

State of Louisiana v. Undrio L. Cheffin

Louisiana Court of Appeal · Nov 19, 2025

Despite Cheffin’s claims that the State failed to prove a second qualifying act satisfying the circumstances wherein human life is 7 endangered, the record clearly establishes that … Given the testimony and dashcam footage, the record clearly supports that Cheffin left the roadway, exceeded the speed limit by at least 25 mph, traveled against the flow of traffic, and failed to obey a stop sign.

Thompson v. Capital Steel Co.

613 So. 2d 178 · Louisiana Court of Appeal · Nov 25, 1992

James Callies, the scientific director at NISAT, was also qualified as an expert in drug testing procedures. … to a written and promulgated rule or policy established by the employer.

Sticker v. St. Tammany Parish Democratic Committee

114 So. 2d 780 · Louisiana Court of Appeal · Oct 15, 1959

He argues most strongly that the legislative intent is clearly shown to have been to transfer the petition’s signatories and their residences into the Eighth Ward and thus, officially, to change the boundaries so as to recognize … the long-established usage, according to which they considered themselves and were considered residents of the Eighth Ward. *782 He further urges most forcefully that the acts of legislative bodies should be construed to

Moss v. Tommasi Construction, Inc.

9 La.App. 3 Cir. 1419 · Louisiana Court of Appeal · May 5, 2010

remedies, and claims for damages, including but not limited to punitive or exemplary damages, unless such rights, remedies, and damages are created by a statute, whether now existing or created in the future, expressly establishing … Ara-mark performed cleaning services, which are considered manual labor, and accordingly is immune from tort liability. Ms.

A.S. v. D.S.

165 So. 3d 247 · Louisiana Court of Appeal · Apr 8, 2015

the finding is clearly wrong.’ ” Harold A. … Iron the opportunity to establish Mr. Li-pinski’s. expertise in the field of vocational rehabilitation counseling.

Freeman v. Tate

847 So. 2d 800 · Louisiana Court of Appeal · Jun 4, 2003

The Louisiana Supreme Court recently addressed the standard of care to be applied to an emergency vehicle driver who qualifies under the provisions of La.R.S. 32:24(A) through (C) in Lenard v. … Therefore, I would reverse the trial court's grant of summary judgment on both the immunity question and the gross negligence question.

Carlin v. Wallace

809 So. 2d 1017 · Louisiana Court of Appeal · Sep 28, 2001

rendering of a judgment that contradicted its previously issued reasons for judgment; (4) the court's premise of its judgment on "vague, ambiguous, confusing, contradictory" language in the stipulation, and the failure to clearly … In the instant case, the October 25 judgment clearly exceeds the parameters described in La. C.C.P. art. 1951.

Foster v. Tinnea

705 So. 2d 782 · Louisiana Court of Appeal · Dec 29, 1997

We agree with the trial court's underlying finding that he cannot be considered an "otherwise qualified person" and that he failed to establish any discriminatory intent or intent to discriminate on the basis of his handicap … Throughout this time, defendant clearly was aware of Hallford's handicap and nonetheless had previously renewed the Fosters' lease.