Case law

Grace v. Crespo

970 So. 2d 1007 · Louisiana Court of Appeal · Sep 19, 2007

Thus, Elizabeth does not qualify for coverage under that provision. Plaintiffs also rely on another provision of the umbrella/excess portion of the policy to establish coverage for Elizabeth. … Clearly, Elizabeth is a family member.

McNally v. Teledyne Movible Offshore, Inc.

94 La.App. 1 Cir. 0430 · Louisiana Court of Appeal · Dec 22, 1994

The amendment broadens the reach of the statutory employment language, and clearly reflects a legislative intent to return the courts to a stronger standard of tort immunity. See Frith v. … Clearly, the repair of these cranes is an integral part of Teledyne’s business; there exists no genuine issue as to this material fact.

Burckett v. State, Department of Health & Hospitals, Bureau of Health Services Financing

704 So. 2d 1266 · Louisiana Court of Appeal · Dec 10, 1997

It is well established that a valid dation necessitates the existence of a real debt. Krauss Co. v. Godchaux, 13 La.App. 607 , 128 So. 673 (1930); Jones v. Longino, 10 La.App. 256 , 120 So. 711 (1929). … The ALJ found the transfer to be for less than fair market value and solely for the purpose of qualifying for benefits due to the lack of evidence of the existence of a legal debt.

Creadeur v. Department of Public Safety

364 So. 2d 155 · Louisiana Court of Appeal · Oct 9, 1978

The officer was also informed that he was not a suspect, was not charged with any crime and would not be subject to dismissal if the test proved adverse and that he would not be requested to waive immunity from prosecution … While Roux , above, adopted and applied the rule espoused in Fichera , above, the following language appearing in Roux indicates clearly that the rule is not unqualified: "We are guided to a great extent in our holding in

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.

Oddo v. Asbestos Corp.

2014 La.App. 4 Cir. 0004 · Louisiana Court of Appeal · Aug 20, 2015

Rather than declining to qualify Drs. Hammar and Finkelstein as experts, however, the trial court limited their testimony. … (iii) A person who may be immune from suit because of immunity granted by statute. (3) If appropriate, whether there was negligence attributable to any party claiming damages, and, if so: (a) Whether such negligence was a

Roy v. Coco

94 La.App. 3 Cir. 920 · Louisiana Court of Appeal · Feb 1, 1995

Roy is not qualified to run a bank. (b) He hires incompetent people. (c) He is not running the bank for the benefit of the stock holders or the community. … He established his statements were protected as opinion and subject to his privilege as a shareholder in the corporation.

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.

Dupre v. Exxon Pipeline Co.

93 La.App. 3 Cir. 1528 · Louisiana Court of Appeal · Jun 1, 1994

Since Dupre was not an Exxon employee and was injured through the negligence of an on-duty Exxon employee, Exxon was not immune from a tort suit by Dupre. … Dupre further contends that he established future lost wages of $284,040.00. Dr.

Triplett v. Board of Elementary & Secondary Education

2009 La.App. 1 Cir. 0691 · Louisiana Court of Appeal · Jul 13, 2009

R.S. 17:416.2 A(l), because the RSD has not established an alternative school for suspended or expelled students. … Plaintiffs maintain they were clearly entitled to an opportunity to amend under La. C.C.P. art. 932.

J. C. Healy Co. v. Burglass

1 La. App. 741 · Louisiana Court of Appeal · Mar 2, 1925

While the total contract price of the furniture amounted to $1,419, the account annexed to the petition and submitted to the jury and testified to without objection by plaintiff’s salesman and office manager, shows clearly … If there was no contract or execution of the contract, no one other than defendant was better able to both plead and prove that which would have clearly established the issues necessary for the determination of this suit.

State v. Marshall

424 So. 2d 423 · Louisiana Court of Appeal · Nov 29, 1982

It was intended to exclude from the designation `crime' all offenses established by municipal ordinances. See Reporter's comment, L.S.A.-R.S. 14:7...." City of New Orleans v. … Defendant's conduct in the performance of his official duties, albeit clearly substandard, was not proven to be unlawful. The conviction on the charge of malfeasance in office must also be set aside.

Carter v. Dixie Electric Membership Corp.

717 So. 2d 691 · Louisiana Court of Appeal · Aug 21, 1998

A court of appeal may not set aside a trial court’s or a jury’s finding of fact in the absence of manifest error or unless it is clearly wrong. … Carter argues that she is entitled to the three-year term for which she was the only qualified applicant.

Lapeyrouse v. Barbaree

836 So. 2d 417 · Louisiana Court of Appeal · Dec 20, 2002

Factual determinations of the trier of fact may not be reversed absent manifest error or unless they are clearly wrong. Pinsonneault v. … that the finding is clearly wrong or manifestly erroneous.

Gordon v. Pointe Coupee Health Service District One

2009 La.App. 1 Cir. 2202 · Louisiana Court of Appeal · Aug 11, 2010

No civil action against a qualified health care provider or its insurer may be commenced in any court before the claimant’s proposed complaint has been presented to a medical review panel established pursuant to the LMMA. … ” and that all other tort liability on the part of the qualified health care provider is governed by general tort law.

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.

Klein v. Department of Highways

175 So. 2d 454 · Louisiana Court of Appeal · May 3, 1965

Boudreaux, La.App., 142 So. 874, 875 , the Court said: "`A street thus established by a municipal corporation becomes public property belonging to all in common. * * *' "`This street, when thus established, was segregated … Suffice it to say that we are clearly of opinion that the Louisiana Highway Commission may not be sued for damages ex delicto, and that therefore plaintiff's petition does not disclose a cause of action.'

Sanders v. Wooldridge

98 La.App. 1 Cir. 0415 · Louisiana Court of Appeal · Feb 19, 1999

She testified that since 1977, twenty thousand medical malpractice complaints had been filed, nineteen thousand of which involved qualified health care providers. … That duty cannot simply be an interest that is owed to the general public as a whole, but rather, plaintiff must establish that he possesses a special interest in having the law enforced. State v.