Case law

Blakeney v. Tidewater Compression Service, Inc.

463 So. 2d 914 · Louisiana Court of Appeal · Jan 23, 1985

We find this factual determination clearly wrong. We find the preponderance of evidence establishes Blakeney was injured by the negligence of Tidewater. … CLEO BLAKENEY and THE HOME INSURANCE COMPANY are entitled to $ 0. [2] Tidewater has not established immunity under the compensation act and does not argue this defense in brief.

Hudson v. Progressive SEC. Ins. Co.

950 So. 2d 817 · Louisiana Court of Appeal · Nov 3, 2006

After reviewing the record de novo, we conclude the evidence establishes the existence of a genuine issue of material fact in this case. … Hansen clearly were not within the course and scope of their employment for IBS at the time of the accident.

Fields v. Lofton

712 So. 2d 268 · Louisiana Court of Appeal · May 15, 1998

Const, art. 12, § 10 of the 1974 Constitution, the state and its political subdivisions had been immune from lawsuits, unless they expressly waived their immunity. … The constitutional amendment clearly exceeded a mere interpretation, clarification, or “cure” of existing law. It was an alteration of the former prohibition of article 12, § 10 against limiting liability.

Jones v. Airport Systems Intern.

671 So. 2d 1176 · Louisiana Court of Appeal · Apr 3, 1996

The mover bears the burden of establishing that there are no genuine issues of material fact. … In such cases, the scope of statutory immunity is narrowly interpreted. Stelly v. Overhead Door Co. of Baton Rouge, 94-0569 (La. 12/8/94), 646 So.2d 905 .

Harvey Canal Ltd. Partnership v. Lafayette Insurance Co.

9 La.App. 5 Cir. 605 · Louisiana Court of Appeal · Mar 9, 2010

clearly wrong.... … Formal education or training in a particular field is not always necessary to qualify as an expert in a particular field; experience alone is sufficient. 10 It is well-established that the trial judge has wide discretion

Meyer & Associates, Inc. v. Coushatta Tribe of Louisiana

185 So. 3d 222 · Louisiana Court of Appeal · Jan 27, 2016

This fact, coupled with the fact that WA#2 pulled tasks from Phase 3 back into Phase 2; and thereby kept the penalty provisions viable, clearly established genuine issues of material fact concerning the appropriateness of … The Tribe’s third assignment of error does not clearly articulate that the rulings on the motions for summary judgment were a part of this assignment of error, but its argument under that assignment of error clearly establishes

Brown v. Williams

587 So. 2d 732 · Louisiana Court of Appeal · Sep 25, 1991

The trial court's finding that Coleman was not a qualifying nonresident real estate broker is not plainly wrong. Coleman was not entitled to sue Brown for a real estate commission. … However, the parties proceeded to a two-day trial at which no one ever urged the trial court to consider the effect of any statute or regulations on the parties' privileges and immunities.

Folse v. Lafourche Democratic Committee

160 So. 2d 363 · Louisiana Court of Appeal · Jan 27, 1964

“At the outset, I think the law is well established that election laws are sui generis and in order for a losing candidate to set aside the results of an election or to contest the results of an election, he must specifically … Cross [La.App.,] 158 So.2d 614 , and more specifically at page 618, the Court very pertinently, clearly and unmistakably covered the situation it seems to me in these words and I quote: “ ‘The Primary Election Law allows

Thrash v. Maerhofer

745 So. 2d 1238 · Louisiana Court of Appeal · Nov 17, 1999

Thrash qualified to testify on the issue of whether the injury was caused by chiropractic treatment.” … all persons causing or contributing to the injury, death, or loss shall be determined, regardless of whether the person is a party to the action or a nonparty, and regardless of the person’s insolvency, ability to pay, immunity

Field v. Merritt

449 So. 2d 7 · Louisiana Court of Appeal · Feb 28, 1984

If the court finds that the claim had prescribed prior to being filed, the panel, if established, shall be dissolved." … Clearly, this provision was adopted long after the act of injury and the filing of the original suit.

Verneuil v. Poirier

589 So. 2d 1202 · Louisiana Court of Appeal · Nov 14, 1991

In their third assignment of error, the defendants claim that the plaintiff did not meet her burden of proof to establish invasion of privacy and that the verdict was contrary to evidence. … Furthermore, communications between previous employers and prospective employers enjoy a qualified privilege. Butler v. Folger Coffee Co., 524 So.2d 206, 206, n. 1 (La.App. 4 Cir.1988).

St. Paul Fire and Marine Ins. Co. v. Eusea

775 So. 2d 32 · Louisiana Court of Appeal · Dec 29, 2000

The insurance policies the defendants filed to establish their financial responsibility were claims-made policies with retroactive coverage encompassing the dates of defendants' alleged malpractice. … Clearly, Dr. Blanchard satisfied the requirements of LSA-R.S. 40:1299.42 to obtain his status as a qualified health care provider under the Act. Accordingly, Dr.

Marshall v. Boydston

9 La.App. 3 Cir. 1137 · Louisiana Court of Appeal · Mar 17, 2010

Laga’s lengthy testimony regarding his education and experience, the trial court qualified Dr. … Marshall failed to establish that he suffered an injury to his spine as a result of the accident. Mr. Marshall clearly suffered from headaches, back pain, and other various pains and conditions.

Culbert v. Conagra, Inc.

98 La.App. 3 Cir. 238 · Louisiana Court of Appeal · Jun 3, 1998

ConAgra clearly established the existence of a job within Culbert’s capabilities. At the time of her voluntary retirement, Culbert was working at ConAgra. … Culbert argues strenuously that the fact that she qualified for Social Security disability benefits means that no job is within her physical capabilities.

Davis v. Martel

790 So. 2d 767 · Louisiana Court of Appeal · Jul 18, 2001

In Daubert , the Supreme Court stated, "in order to qualify as `scientific knowledge,' an inference or assertion must be derived by the scientific method. … Reyes' testimony and Davis' medical records which clearly establish Davis' injuries resulted from the accident. Dr.

Williams v. Enriquez

915 So. 2d 434 · Louisiana Court of Appeal · Nov 17, 2005

Law In 1975, the legislature enacted the MMA to establish a framework for compensating persons who are injured as a result of medical malpractice committed by qualified health care providers. Hanks v. … Clearly, an award in favor of Ms. Williams of $150,000 for loss of consortium appears excessive and an abuse of the trial court's discretion.

Malone v. Tubbs

825 So. 2d 585 · Louisiana Court of Appeal · Sep 6, 2002

Although the trial court did not make a specific finding on the length of time elapsing since Shyne and Simmons had completed serving their original sentences, the evidence clearly showed that 15 years had not elapsed in … While we agree that the amendment to Article I, Section 10, is substantive, it clearly was intended to apply to all convicted felons attempting to qualify for public office after the effective date of the amendment.

Zeringue v. O'Brien Transport, Inc.

931 So. 2d 377 · Louisiana Court of Appeal · Apr 11, 2006

Motor carriers had attempted to immunize themselves from the negligence of the drivers who operated their vehicles by making them all nominally "independent contractors." … The federal law, as well as the contract between the parties clearly shows that Quality had exclusive use and responsibility for the rig.

Bonilla v. Jefferson Parish Hospital Service District 2

16 La.App. 5 Cir. 234 · Louisiana Court of Appeal · Dec 28, 2016

Specifically, if expert medical testimony cannot establish that an improper handoff by Ms. … Hogan clearly occurred in the context of the physician-patient relationship.

Thompson v. Capital Steel Co.

621 So. 2d 1101 · Louisiana Court of Appeal · Nov 25, 1992

James Callies, the *1104 scientific director at NISAT, was also qualified as an expert in drug testing procedures. … to a written and promulgated rule or policy established by *1107 the employer.