Case law

Warner v. Collins

2012 La.App. 4 Cir. 0773 · Louisiana Court of Appeal · Dec 12, 2012

are clearly wrong in light of the record reviewed in its entirety. … that the factfinder is clearly wrong or manifestly erroneous. *696 Commonwealth Ins.

Gunasekara v. City of New Orleans

264 So. 3d 1236 · Louisiana Court of Appeal · Jan 30, 2019

There is a significant amount of precedence on whether or not competitive harm qualifies as a special interest. … doctrine of sovereign immunity or other, more specific bars ....

Daniels v. Int'l Paper Co.

245 So. 3d 180 · Louisiana Court of Appeal · Nov 3, 2017

Seller hereby waives, as against Buyer, any immunity from suit afforded by applicable workers compensation laws. … C.C. art. 3540 allows contracts to be governed by the law expressly chosen or clearly relied upon by the parties.

Richardson v. LOUISIANA-1 GAMING

10 La.App. 5 Cir. 262 · Louisiana Court of Appeal · Dec 14, 2010

A casino qualifies as a merchant under this statute. Rowell v. Hollywood Casino Shreveport, 43,306 (La.App. 2 Cir. 9/24/08), 996 So.2d 476 . LSA-R.S. 9:2800.6 provides in pertinent part as follows: A. … R.S. 9:2800.6(B) clearly and unambiguously requires the. claimant to prove each of its three subsections with no shifting of the burden.

Saucier v. DYNASTY TRANSP., INC.

2001 La.App. 1 Cir. 0847 · Louisiana Court of Appeal · May 10, 2002

clearly wrong. … Cowen indicated that Saucier was qualified "for no more than light physical demand duty." (Emphasis added.) Dr.

Brown v. Morgan

449 So. 2d 606 · Louisiana Court of Appeal · Apr 3, 1984

Based on the above testimony, we cannot say that the trial judge was clearly erroneous in qualifying Currier as an expert witness. … The record is devoid of any evidence to establish the salvage value of Watson's vehicle after the accident.

Cherry v. Audubon Insurance Co.

2010 La.App. 4 Cir. 1646 · Louisiana Court of Appeal · Oct 20, 2010

“It is well-established that the trial judge has wide discretion in determining whether to allow a witness to testify as an expert, and his judgment will not be disturbed by an appellate court unless clearly erroneous.” … Carr’s testimony and the qualified weight to be given to his testimony, we do not find that the trial judge abused her discretion or manifestly erred in qualifying Mr. Carr as an expert witness.

Parker v. Sears, Roebuck & Co.

418 So. 2d 1361 · Louisiana Court of Appeal · Aug 17, 1982

The affidavits clearly reflect that she was upset by the incident, but they do not in any respect reflect that she was unreasonably detained or treated in an unreasonable manner. [3] The facts shown by the affidavits could … Plaintiffs further contend that the trial court has interpreted Article 215 of the Code of Criminal Procedure as granting civil immunity to persons who subjected Mrs.

Dominique v. Favorite

2003 La.App. 1 Cir. 1894 · Louisiana Court of Appeal · Sep 8, 2003

Favorite appeals, contending the trial court legally erred in disqualifying him as a candidate and was clearly wrong in making a factual finding that he was not a qualified voter in District 3 at the time he filed his notice … Section 2-01C of the charter provides that a council member “shall have been legally domiciled and shall have actually resided for at least one (1) year immediately preceding the time established by law for qualifying for

State, Department of Transportation & Development v. Walter

527 So. 2d 563 · Louisiana Court of Appeal · Jun 22, 1988

Clearly neither value meets the threshold testified to by Mr. Lejeune. Therefore, the trial court concluded the highest and best use was agricultural. … McNew’s opinion which the State urges establishes the following: (1) 70% of the property floods, (2) an expensive levee system would be required to permit farming, *566 (3) 88 acres is too small to be economically farmed,

Wheeler v. Louisiana Department of Transportation & Development

95 La.App. 4 Cir. 1700 · Louisiana Court of Appeal · May 22, 1996

The three factors to consider when determining whether a decision should be made nonretroactive are: (1) the decision to be applied nonretro-actively must establish a new principle of law, either by overruling clear past … XII, § 10(A), unambiguously rejects sovereign immunity and foreshadowed the conclusion reached by the Supreme Court in Rick .

Berry v. City of Bossier City

911 So. 2d 333 · Louisiana Court of Appeal · Sep 8, 2005

Among other things, they also asserted prescription, qualified immunity, discretionary action of a public entity and official, and failure of the plaintiffs to exhaust their administrative remedies. … Under the circumstantial evidence test of McDonnell Douglas, supra, a plaintiff is first required to establish a prima facie case by showing that he: (1) is a member of a protected class; (2) was qualified for the position

Wainwright v. Leary

623 So. 2d 233 · Louisiana Court of Appeal · Aug 18, 1993

that the finding is clearly wrong (manifestly erroneous). … The trial court's denial of Wainwright's request to qualify Dr. Anderson as an expert was predicated upon its pre-trial order. We note that Dr. Leary did not object to Wainwright's attempt to qualify Dr.

PELTS & SKINS EXPORT v. State

735 So. 2d 116 · Louisiana Court of Appeal · Jun 15, 1999

Experience alone may be sufficient to qualify a person as an expert. Hebert v. Broussard, 450 *122 So.2d 1038, 1040 (La.App. 1 Cir.1984). Bias does not preclude a witness from being qualified as an expert. State v. … Finding the error of excluding Sagrera's opinion testimony harmless, we will apply the clearly wrong-manifest error standard of Stobart v.

Kathleen Welch and Carroll Dewayne Welch Versus United Medical Healthwest-New Orleans, L.L.C. and United Medical Healthcare Inc.

Louisiana Court of Appeal · Aug 24, 2022

R.S. 29:771(B)(2)(c) is a qualified tort immunity statute, and thus an affirmative defense, with a burden of proof that United Medical did not meet; 2) applying that tort immunity statute in the instant matter is against … Because Appellants’ claims only accuse United Medical of ordinary negligence, United Medical urges that LHEPA’s qualified tort immunity statute applies and Appellants have failed to state a cause of action.

O'Rourke v. O'Rourke

69 So. 2d 567 · Louisiana Court of Appeal · Mar 22, 1954

Cole followed the established pattern. … But, even if the existence of a psychosis had been established, in my opinion we would only consider that fact in mitigation of damages. It has nothing whatsoever to do with Dr.

Sevario v. State Ex Rel. Dept. of Transp.

752 So. 2d 221 · Louisiana Court of Appeal · Nov 10, 1999

The record clearly demonstrates that this allowed DOTD time to conduct an effective cross-examination of each of these witnesses. … Consequently, DOTD must establish that each requirement for the privilege under section 409 has been met.

Cartinez v. Reliable Amusement Co., Inc.

746 So. 2d 246 · Louisiana Court of Appeal · Nov 3, 1999

Further, as stated in Barrilleaux, 683 So.2d at 354 : An agency relationship is never presumed; it must be clearly established. Fleet Finance, Inc. v. … We find that the trial court was clearly wrong in finding that Mrs. Cartinez established Avery to be the express or apparent agent of Reliable.

Dufrene v. Insurance Co. of Pennsylvania

790 So. 2d 660 · Louisiana Court of Appeal · May 30, 2001

The plaintiff is entitled to a JNOV for the reasonable damages which were established at trial. As part of its judgment, the trial court assessed liability for Ms. … s tort immunity claim should have been plead as an affirmative defense prior to trial.

State v. Lagarde

2003 La.App. 4 Cir. 0606 · Louisiana Court of Appeal · Dec 10, 2003

Kamran Zaherí, who was qualified as an expert in emergency room medicine, was assigned to the Medical Center of Louisiana emergency room on November 27, 1995. … In this case, the first three elements are clearly satisfied. The first element was met because D.C. was forcibly seized.