Case law

Williams v. Fahrenholtz

990 So. 2d 99 · Louisiana Court of Appeal · Jul 25, 2008

However, the provision clearly has two distinct independent clauses separated by a conjunction. We can discern no difference in the meaning between the language of the statute and that used on the form. Mr. … Williams to establish a prima facie case for disqualification based on a false certification in the "Notice of Candidacy" filed by Mr. Fahrenholtz.

Thibodeaux v. Audubon Insurance Co.

539 So. 2d 689 · Louisiana Court of Appeal · Feb 8, 1989

This is unlike the expert testimony in the Fontenot case, *693 which clearly established that the explosions caused the damages. The case of Price v. … Vanderbrook had never been qualified as an expert in a case where an explosion allegedly damaged property two or three miles away.

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.

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.

State v. Douglas

541 So. 2d 285 · Louisiana Court of Appeal · Mar 15, 1989

The sole purpose of this hearsay testimony was to prove that the defendant’s seized property qualified as derivative contraband and was thus subject to seizure. … This hearsay testimony was clearly inadmissible in this forfeiture proceeding and should not have been admitted or considered by the trial judge. The trial judge was clearly in error in admitting this evidence.

In Re: Medical Review Complaint by Daron Downing, Andrus Downing, Andria Downing, and Andre Downing for Melissa Downing (D) .

Louisiana Court of Appeal · May 26, 2022

Mayer’s Affidavit clearly established his expert qualifications and the foundation upon which he concluded that Interim LSU, including its nurses, breached the standard of care that resulted in Ms. Downing’s death. … Mayer qualifies as an expert witness physician in accord with La.

Smith v. State Dept. of Health & Hosp.

650 So. 2d 450 · Louisiana Court of Appeal · Feb 15, 1995

Noyes with no symptoms suggestive of bacterial infection and that, even if he had, it would have made no difference in the end due to decedent's severely compromised immune system. … The plaintiff must first establish by a preponderance of the evidence that the doctor's treatment fell below the ordinary standard of care expected of physicians in his medical specialty, and must then establish a causal

O'Bryan v. Patients Comp. Fund Over. Bd.

832 So. 2d 438 · Louisiana Court of Appeal · Nov 8, 2002

This part establishes and governs the Patient's Compensation Fund. LSA-R.S. 40:1299.44D(3). … Louisiana Revised Statute 40:1299.42E establishes two separate procedures to establish financial responsibility depending on the type of medical malpractice insurance coverage a health care provider maintains.

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.

DAIQUIRI CAFE SHERWOOD INC. v. Parish of E. Baton Rouge

818 So. 2d 1 · Louisiana Court of Appeal · Nov 9, 2001

is clearly wrong. … To establish that the conflict actually exists, the litigant must show that the state statute and the ordinance are incompatible and cannot be effectuated in harmony.

Clomes v. T.R. Henning Co.

510 So. 2d 1262 · Louisiana Court of Appeal · May 12, 1987

Based on the record before us, we find this conclusion clearly wrong. … How this water enters the garage has not been established. Plaintiffs are apparently content to assume that the water seeps in under the garage door.

Kennedy v. Columbus America Properties

751 So. 2d 369 · Louisiana Court of Appeal · Jan 12, 2000

We further stated that: "Appellate courts may not set aside a jury's finding of fact unless it is clearly wrong. … Conversely, the defendants have not shown that the jury verdict was manifestly erroneous or clearly wrong.

State v. Duvall

97 La.App. 1 Cir. 2173 · Louisiana Court of Appeal · Dec 28, 1999

He spoke clearly. After defendant consented to a search of his apartment, a stainless steel Ruger Security Six Revolver with two spent cartridges was recovered from the foot of the bed in the bedroom. … In order to qualify under the hearsay ex *799 ception for “things said or done,” pursuant to La.

State v. Howard

626 So. 2d 459 · Louisiana Court of Appeal · Nov 3, 1993

Tingle possessed sufficient training, education and experience to qualify as an expert in their respective fields. … Tingle were each qualified to give expert testimony in their respective fields.

Herbert G. Bliss v. Lafayette Parish School Board Sales Tax Division

Louisiana Court of Appeal · Dec 18, 2019

The trial court erred in finding the Petition failed to state facts supporting an exception to the qualified immunity provisions of La.R.S. 9:2798.1. 3. … Further, Taxpayer failed to state facts supporting 11 an exception to the qualified immunity provisions of La.R.S. 9:2798.1.

Frank L. Beier Radio, Inc. v. Brown

453 So. 2d 656 · Louisiana Court of Appeal · Jun 29, 1984

It is well established in Louisiana that factual determinations of the trial court are subject to review under the manifest error doctrine in this State. … "`manifestly erroneous', in its simplest terms means `clearly wrong'." Arceneaux v. Domingue, 365 So.2d 1330 (La. 1978).

Wright v. Coastal Fabrication, L.L.C.

4 La.App. 3 Cir. 1408 · Louisiana Court of Appeal · Apr 6, 2005

Coastal instead contracted with Specialized Services to supply a qualified scaffolding foreman. Coastal also hired some qualified scaffold workers and [.¿employed other workers provided by Total Staffing. … Armand’s affidavit also clearly notes that Louisiana Safety conducted the meetings and made safety recommendations as required under the contract.

Kimberly R. Roberts v. Georgia Boxer and Chubb National Insurance Company

Louisiana Court of Appeal · Nov 18, 2020

Failing to qualify Dr. Ogbuokiri as an expert in orthopedic surgery In Mrs. Roberts’ first assignment of error she complains that the trial court abused its discretion in failing to qualify Dr. … the finding is clearly wrong.

Kimberly R. Roberts v. Georgia Boxer and Chubb National Insurance Company

Louisiana Court of Appeal · Nov 18, 2020

Failing to qualify Dr. Ogbuokiri as an expert in orthopedic surgery In Mrs. Roberts’ first assignment of error she complains that the trial court abused its discretion in failing to qualify Dr. … the finding is clearly wrong.

Ballew v. Southland Corp.

482 So. 2d 890 · Louisiana Court of Appeal · Jan 22, 1986

The failure to do so clearly amounts to a breach of the duty to exercise reasonable care to protect plaintiff from injury. … However, she had never qualified as an expert in any court.