Case law

Bernard v. STATE, THROUGH DOTD

640 So. 2d 694 · Louisiana Court of Appeal · Jun 1, 1994

We cannot say that the trial judge was clearly wrong in finding that the consumption of alcohol played no significant part in Bernard's accident. … ADMISSIBILITY OF BLOOD ALCOHOL TEST RESULTS Prior to trial, Bernard filed a motion in limine to exclude the results of a blood alcohol test, claiming that a proper foundation had not been established.

Cynthia Guevara v. Hospital Service District of the Parish of St. Bernard, State of Louisiana A/K/A St. Bernard Parish Hospital Service District D/B/A St. Bernard Parish Hospital, and Dr. Ryan Truxillo

Louisiana Court of Appeal · May 30, 2024

Truxillo, the panel concluded “[a]t the time of discharge there was no indication that the patient should have been on anti-coagulation therapy,” and “[i]t was clearly documented by Dr. … Herman, allegedly establishes a breach in the standard of care only as it relates to the prescribed claims of informed consent and loss chance of survival – and fails to establish any breaches in the standard of care for

Yagel v. Sanders

823 So. 2d 448 · Louisiana Court of Appeal · Jul 17, 2002

finding of the trial court, and (2) The appellate court must further determine that the record establishes that the finding is clearly wrong (manifestly erroneous). … Sanders' testimony established that he described his business operation to the insurer which issued a policy to provide the appropriate coverage.

State ex rel. Department of Highways v. Wood Preserving Service, Inc.

302 So. 2d 655 · Louisiana Court of Appeal · Oct 30, 1974

The evidence clearly establishes that the plant had not been used for any purpose for at least eight years prior to the taking. … Although he did not qualify as an expert appraiser, his 28 years’ experience in the management of such operations clearly shows that he is particularly qualified to testify on the economic problems encountered in the industry

Dinett v. Lakeside Hosp.

811 So. 2d 116 · Louisiana Court of Appeal · Feb 20, 2002

In fact, it is now known that this virus could have been spread through routine immunizations and other minor medical procedures as late as the 1970s, when sterilization still involved merely applying alcohol to an instrument … C.E. art. 702 each provide: If scientific, technical or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge,

Benedict v. Lynch

81 So. 2d 91 · Louisiana Court of Appeal · May 18, 1955

We do not find ourselves-in agreement with this position for the facts are clearly at variance therewith. … As opposed to the plaintiff’s contentions defendant relied upon the testimony of another qualified surveyor, Mr. Louis J. Daigre, Jr.

Adams v. Canal Indemnity Co.

1999 La.App. 3 Cir. 1190 · Louisiana Court of Appeal · May 10, 2000

The record clearly supported the conclusion that plaintiff's back pain and mental condition were not the result of the accident. … The Cavalier *1205 court concluded that article 2324 did not require that a plaintiff's recovery be reduced for the immune employer's fault. Id.

Spinks Constr., Inc. v. Quad States Constr., LLC

240 So. 3d 215 · Louisiana Court of Appeal · Dec 21, 2017

In contrast, a "qualifying party" under La. … Clearly, the scope of representation granted a "qualifying person" as defined in La.

Mouton v. Louisiana Power & Light Co.

545 So. 2d 1114 · Louisiana Court of Appeal · Jun 7, 1989

Mouton’s job is not ‘specialized per se’ is the first step is [sic] establishing that a statutory employment relationship exists. … Subsequently, Mouton completed a second six-week on-the-job training course in order to qualify as a security officer. He was thus employed on the date of his injury.

Vargas v. Continental Cuisine, Inc.

900 So. 2d 208 · Louisiana Court of Appeal · Mar 30, 2005

Discussion The Louisiana Sanitary Code 23:006-4 provides in pertinent part: All establishments that sell or serve raw oysters must display signs, menu notices, table tents, or other clearly visible messages at point of sale … IF YOU SUFFER FROM CHRONIC ILLNESS OF THE LIVER, STOMACH OR BLOOD OR HAVE OTHER IMMUNE *211 DISORDERS, YOU SHOULD EAT THESE PRODUCTS FULLY COOKED.

Clark v. Parker

8 La.App. 3 Cir. 941 · Louisiana Court of Appeal · Feb 4, 2009

The trial court erred in ruling on the issue of qualified immunity prior to hearing any evidence on the issue. 2. … A plaintiff asserting an excessive force claim under Section 1983 is “required to show a significant injury that resulted from the use of objectively unreasonable | fiforce that was clearly excessive of the need.”

Vignes v. Jarreau

222 So. 2d 566 · Louisiana Court of Appeal · Apr 14, 1969

Notwithstanding the admittedly broad scope of subject statute, nevertheless the qualifying words “where it is appropriate” contained therein, must be deemed of some import. … Instead we note the presence of the qualifying phrase “where it is appropriate”.

Zeitoun v. City of New Orleans

2011 La.App. 4 Cir. 0479 · Louisiana Court of Appeal · Dec 7, 2011

The Zeitouns have also failed to clearly plead an essential element of § 1981, a contractual relationship with the state player. … The appellants have essentially failed to even clearly establish who actually arrested Mr. Zeitoun.

Blair Rubber Co. v. Altra Coatings Technology, Inc.

575 So. 2d 504 · Louisiana Court of Appeal · Feb 14, 1991

Art. 3036 Suretyship may be established for any lawful obligation, which, with respect to the suretyship, is the principal obligation. … Art. 3040 Suretyship may be qualified, conditioned, or limited in any lawful manner. (Underlining provided.) Mr. Poirrier’s suretyship was in writing and was for a debt arising in the near future.

Manchack v. Willamette Industries, Inc.

621 So. 2d 649 · Louisiana Court of Appeal · Jun 23, 1993

John Dorgan, who was qualified by knowledge, training and experience to assist the court in the field of industrial safety. … Dorgan was not qualified by training, education or experience to testify as an expert; the court sustained the objection.

LaFleur v. Roberts

157 So. 2d 340 · Louisiana Court of Appeal · Oct 30, 1963

On the other hand, charter provisions limiting or qualifying the authority of municipal officials cannot be disregarded as if not written. … Nevertheless, there must be a judicial review of actions of such public officials and public bodies when they are called in question as exceeding their authority or being arbitrary or otherwise violating the provisions *344 of established

Young v. Louisiana Medical Mut. Ins. Co.

725 So. 2d 539 · Louisiana Court of Appeal · Dec 16, 1998

Tom Meunier was qualified as an expert in vocational rehabilitation counseling. … that the finding is clearly wrong (manifestly erroneous).

Phillippe v. Commercial Insurance Co. of Newark

574 So. 2d 374 · Louisiana Court of Appeal · Oct 31, 1990

The medical testimony presented clearly favored the plaintiff’s contention that he could not work as a roustabout. … The court must find that Commercial has failed to establish by a preponderance of the evidence any occupation for which Dr. Phillippe’s training and experience reasonably qualify him.

Guidry v. Boston Old Colony Ins. Co.

540 So. 2d 543 · Louisiana Court of Appeal · Mar 15, 1989

However, the jury clearly found Meaux's testimony the more credible and we cannot say, in light of the evidence in this case, that the jury's findings of credibility and fact are clearly wrong. … The testimony of these two disinterested witnesses clearly establishes that they each independently observed the yellow caution light immediately after the accident. This light was found to be functioning normally.

Donaldson v. Hudson Insurance Co.

2012 La.App. 4 Cir. 1013 · Louisiana Court of Appeal · Apr 10, 2013

. *49 The Louisiana Code of Evidence allows a witness to qualify as an expert witness by knowledge, skill, experience, training or education. La. C.E. art. 702. … Laborde, the record clearly indicates that the trial court proceeded with the hearing, using the submitted depositions and arguments of counsel.