Case law

Johnson v. Wal-Mart Stores, Inc.

953 So. 2d 831 · Louisiana Court of Appeal · Feb 27, 2007

The evidence established that Plaintiff was injured prior to her employment and suffered no further disability from the alleged work accidents. She simply did not meet her burden of proof. … I feel she could return to any occupation for which she is otherwise qualified." Thereafter, in a follow-up report on October 27, 2004, Dr.

Andrew-Hong v. Gray Ins. Co.

945 So. 2d 124 · Louisiana Court of Appeal · Nov 2, 2006

Clearly, this benefited ConstructionSouth. Mr. Andrew worked on the New Orleans Metropolitan Convention and Visitors Bureau project from July 10, 2002 until his death on September 16, 2002. … Andrew was a borrowed servant and therefore, ConstructionSouth is afforded the immunity provided such employers by La. R.S. 23:1032. [3] Thus, workers' compensation *128 provides the exclusive remedy for the appellants.

Boudreaux v. Bollinger Shipyard

2015 La.App. 4 Cir. 1345 · Louisiana Court of Appeal · Jun 22, 2016

Clearly, scientific opinion testimony on causation is relevant to a suit seeking recompense for the contraction of asbestos-related lung cancer. … C It is well-established that the trial court is afforded wide discretion in de *771 termining whether expert testimony should be admitted and who ■ should or should not be qualified as an expert. See General Elec.

State v. Allen

942 So. 2d 1244 · Louisiana Court of Appeal · Nov 15, 2006

Rather, the same standard of competency applies to all and a trial judge is only required to satisfy himself that the witness's competency has been established prior to qualifying him as an expert. State v. … The trial court clearly instructed the jury to determine the weight and credibility that his testimony deserved.

Coates v. Anco Insulations, Inc.

786 So. 2d 749 · Louisiana Court of Appeal · Mar 21, 2001

Coates was employed by Marquette, and that plaintiffs cannot establish that Mr. Coates was exposed to any Marquette products during any time other than when he was Marquette's employee. … Clearly, Louisiana courts may not award attorneys' fees except where they are provided for by contract or by statute. It is evident that plaintiffs' causes of action do not arise from contract.

Nelson v. Merrick

970 So. 2d 1019 · Louisiana Court of Appeal · Sep 19, 2007

It is well established that for a plaintiff to obtain a default judgment, he must establish the elements of a prima *1021 facie case with competent evidence, as fully as though each of the allegations of the petition were … I agree that the proof in this record is insufficient to confirm the default judgment. *1022 In this case, the two letters from counsel representing defendants, other than the excess insurer, clearly do not qualify as judicial

Smith v. K-Mart Corp.

712 So. 2d 1042 · Louisiana Court of Appeal · May 20, 1998

Testimony and evidence at trial established that Ms. … The statute provides immunity only to those merchants who have conducted a reasonable post-detention inquiry. Derouen v. Miller, 614 So.2d 1304 (La.App. 3d Cir.1993).

In Re Succession of James

994 So. 2d 120 · Louisiana Court of Appeal · Aug 21, 2008

If the proceeding is not timely instituted, the child may not thereafter establish his filiation, except for the sole purpose of establishing the right to recover damages under Article 2315. … Firstly, though filed in a succession proceeding, the cause of action here is one to establish paternity or filiation; a prerequisite action necessary before Ms. Thibodeaux can qualify as an heir.

Brandenburg v. . Office of the Secretary, Department of Health & Hospitals

98 La.App. 3 Cir. 163 · Louisiana Court of Appeal · Jun 3, 1998

and the reviewing court does not, due regard shall be given to the agency’s determination of credibility issues. |4Under the Administrative Procedure Act, a reviewing court is, for the most part, confined to the record established … The DHH’s January 31, 1996 notice to Brandenburg not only informed him of his approved coverage from January 1, '1996 to March 31, 1996, but also clearly stated that if he later wished to “qualify for additional Spend-Down

Allstate Enterprises, Inc. v. Brown

907 So. 2d 904 · Louisiana Court of Appeal · Jun 29, 2005

Accordingly, we find no direct protection for Allstate under the statutory immunity of La. R.S. 9:2771. … The alleged problem with the garage staircase was not clearly established. Greg Brown was advised to alter the stairs, and Maroney's testimony was not convincing of the need to rebuild them.

Alombro v. Campbell "66" Express, Inc.

361 So. 2d 453 · Louisiana Court of Appeal · Jun 30, 1978

Clearly, the track on the sides of the doorway of the trailer was a cause-in-fact of the accident. The determination of cause-in-fact is a “but for” inquiry. Pierre v. Allstate Ins. … Because the answer to another interrogatory supported Campbell’s special defense that it was a statutory employer under R.S. 23:1061 and immune from liability under R.S. 23:1032, the court dismissed the suit against Campbell

State ex rel. A.S.

2017 La.App. 4 Cir. 0028 · Louisiana Court of Appeal · May 10, 2017

)[Appellant] has failed to make any ... parental contributions; (4)[Appellant] has failed to comply with the visitation schedule with her children; (5)[Appellant] has failed to participate in and successfully complete a qualified … C. art. 1015, 4 Although the *186 State need only establish one statutory ground, the trial court |flmust also find that termination is in the child’s best interest. State ex rel. SNW v.

Meshell v. Russell

589 So. 2d 86 · Louisiana Court of Appeal · Oct 30, 1991

Plaintiff's motion to transfer should have been served upon Russell pursuant to these articles and we find the failure to do so was clearly prejudicial. … New trials are granted in the interest of justice and are left largely to the discretion of the trial court, but this discretion is not immune from appellate review.

Jackson v. Town of Grambling

690 So. 2d 942 · Louisiana Court of Appeal · Feb 26, 1997

Allocation of Fault Jones and his Parents argue that the trial court's allocation of fault to Jones is clearly wrong. … The Louisiana Supreme Court, in discussing the last sentence of art. 2324(B), stated that it "establishes the rule that liability for damages caused by two or more persons is joint liability, rather than solidary liability

Stovall v. Shell Oil Co.

577 So. 2d 732 · Louisiana Court of Appeal · Mar 7, 1991

Hebert alleged several theories of tort immunity based on his alleged status as a co-employee of the plaintiff. Mr. … Because reasonable minds could differ on this factual question, we cannot say that the jury was clearly wrong in concluding that Mr. Hebert was not in the process of loading his vehicle at the time of the accident.

Folse v. Western Atlas Intern., Inc.

580 So. 2d 482 · Louisiana Court of Appeal · May 16, 1991

randomly-owned and controlled vessels for short periods of time that aggregate to comprise a substantial portion of his working time, nor do we believe that Bertrand rejected the identifiable or recognizable fleet requirement established … In this instance, we agree with the district court that the facts are clearly distinguishable from those in Bertrand .

O'Brien v. Orleans Parish School Board

99 La.App. 4 Cir. 2607 · Louisiana Court of Appeal · May 17, 2000

The Federal Court found that the plaintiff failed to establish the commencement or a continuance of a criminal proceeding and stated that: | /‘Because the plaintiff has failed to establish this first element, the Court need … The federal proceedings related to the instant case do not qualify as “an exceptional case in which the federal court clearly or unmistakably would have declined to exercise its pendent jurisdiction over the related state

Broady v. Unity Industrial Life Ins. Co.

160 So. 653 · Louisiana Court of Appeal · Apr 15, 1935

The objection was overruled, the testimony administered and evidently found sufficient to establish defendant’s contention, since the judgment of the court below was adverse to plaintiff. … The offer to prove the existence of the condition, which qualified and limited the liability of the insurer under the contract of insurance, was clearly permissible.

Parent-Community Alliance v. Orleans Parish Sch. Bd.

385 So. 2d 33 · Louisiana Court of Appeal · Jun 23, 1980

However, the evidence clearly discloses this letter was the action of Dr. Spears alone, and did not represent the consensus or vote, formal or informal, of the Board. Dr. … Two obviously qualified consultants were engaged and extensive publication was made nationwide in an effort to obtain the best qualified person for the job.

Munson v. LAKEWOOD QUARTERS LT. PARTNERSHIP

965 So. 2d 448 · Louisiana Court of Appeal · Jul 18, 2007

Louisiana Extended Care Centers, Inc., XXXX-XXXX (La.1/14/03), 835 So.2d 460, 467-468 , the fact that the alleged negligence involved the loading or unloading of a nursing home resident is not enough to alone establish that … Based on these allegations alone, we conclude, as did the Supreme Court in Richard and the Third Circuit in Pender , that the record before us is inadequate to establish that the alleged negligence was related to treatment