Case law

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.

Kately v. Global Data Systems, Inc.

926 So. 2d 145 · Louisiana Court of Appeal · Apr 5, 2006

However, “where an employer has a clearly established policy that vacation time is not considered wages for the purposes of La.R.S. 23:631(D)(2), an employee is not entitled to reimbursement for unused, accrued vacation time … In any event, none of these statements establishes that vacation time at GDS is a “mere gratuity.”

Gayden v. Tenet Healthsystem Memorial Medical Center, Inc.

2004 La.App. 4 Cir. 0807 · Louisiana Court of Appeal · Dec 15, 2004

Moreover, article 25 of the Civil Code clearly states that “[n]atural personalty ... terminates at death.” In the present case, it is undisputed that Edwards was not alive at the time of the alleged negligence. … It is a well established principle that the limitations on the liability of a health care provider are special legislation in derogation of the general rights of tort victims, and, as such, any ambiguities in the Act should

LaCombe v. McKeithen

887 So. 2d 48 · Louisiana Court of Appeal · Aug 30, 2004

We are mindful that it is the party objecting to the candidacy of a candidate for elected office who bears the burden of establishing that a candidate should be disqualified. Russell v. … Clearly, Scott and Blakes, as candidates in the upcoming election, have an interest in the pending litigation. [2] This court rejected "vague references to principles of fairness and due process of law" as a basis for reopening

Castille v. Leesville Lumber Co.

93 La.App. 3 Cir. 1091 · Louisiana Court of Appeal · Apr 6, 1994

For these reasons, they argue that claimant is not legally qualified to receive workers compensation benefits under LSA-R.S. 23:1031A. Set forth in inverse order, these provisions read as follows: § 1031. … Accordingly, the hearing officer's factual findings were not clearly wrong, and her legal conclusions, premised on those findings, constitute accurate applications of the law.

Holmes v. Berg

560 So. 2d 500 · Louisiana Court of Appeal · Apr 10, 1990

Administrative determinations are conclusive unless wholly without evidential support, or wholly dependent on a question of law, or clearly arbitrary or capricious. Ducote v. … The evidence established that the amended *502 company policy required that plaintiffs take responsibility for the clean linen room key on specified weekends and that each refused to comply with company policy.

Hooker v. Super Products Corp.

751 So. 2d 889 · Louisiana Court of Appeal · Jun 30, 1999

Plaintiff was clearly attempting to perform his job in the usual manner when the hose ruptured. … We find the present case to be clearly distinguishable from that entire line of jurisprudence.

Dickson v. State Farm Insurance Agency

396 So. 2d 514 · Louisiana Court of Appeal · Mar 11, 1981

that the finding is not clearly wrong. … Therefore, it is our determination that the record as a whole establishes that the jury’s finding of negligence in the actions of the girls as being the cause of this accident is not clearly wrong, but on the record, clearly

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

American Manufacturers Mutual Insurance Co. v. General Motors Corp.

582 So. 2d 934 · Louisiana Court of Appeal · Jun 19, 1991

Under these circumstances, it cannot be said that the plaintiffs adequately established the reliability of hydrocarbon detection devices in general nor did they adequately establish the reliability of this particular instrument … In the present case, the jury’s finding that the fire resulted from a redhibitory defect in the automobile rather than from arson or vandalism, was not manifestly erroneous or clearly wrong.

State v. Foster

10 La.App. 3 Cir. 871 · Louisiana Court of Appeal · Mar 16, 2011

Clearly, his experience was sufficient to qualify him as an expert. Defendant argues the record does not contain written reasons for his adjudication in violation of La.R.S. 15:529.1(D)(3). … The evidence established that Defendant is a seven-time felony offender. 1 .RULING Defendant’s adjudication as a fourth felony offender is affirmed. AFFIRMED. 1 .

Hebert v. Brazzel

393 So. 2d 135 · Louisiana Court of Appeal · Jul 22, 1980

Manifest error was defined as meaning clearly wrong. Therefore, our review of the factual determinations consists of a review of the record to establish whether or not they are clearly wrong. … After a careful reading of the record and close observation of the arguments of counsel, we do not believe that the jury was clearly wrong.

State v. Lambert

514 So. 2d 550 · Louisiana Court of Appeal · Oct 1, 1987

It was clearly established that apomorphine is an *553 isoquinoline alkaloid of opium. … This seems to be clearly contradictory to the doctrine that “nothing is a crime which is not clearly and unmistakably made a crime.” State v. Truby, supra.

Alexander v. City of Baton Rouge

739 So. 2d 262 · Louisiana Court of Appeal · Jun 25, 1999

The two-part test for the appellate review of a factual finding is: 1) whether there is a reasonable factual basis in the record for the finding of the trial court, and 2) whether the record further establishes that the finding … The constitutionality of this statute was called into question in a number of cases as a violation of the abrogation of sovereign immunity contained in Article XII, § 10(A) of the Louisiana Constitution.

Succession of Houssiere

146 So. 2d 483 · Louisiana Court of Appeal · Nov 5, 1962

He is the sole male heir of the deceased and is the best qualified by experience and otherwise to be appointed administrator of the estate of his deceased mother. "3. … Clearly the reasons for disqualification, as set forth in appellants' petition, do not fall within the scope of LSA-C.C.P. Art. 3097.

Roy v. Commercial Union Assur. Co.

385 So. 2d 1273 · Louisiana Court of Appeal · Jun 25, 1980

LaGrange was never qualified as a dealer or an expert in regard to the price or value of used automobiles, in answer to the judge's questions he expressed the opinion that a 1974 Monte Carlo in good shape would be worth about … In order to recover under an insurance policy it is the burden of the plaintiff to establish every fact essential to his recovery and to establish that the claim *1276 falls within the policy coverage. Ceasar v.

Snowden v. Pearl River Broadcasting Corp.

251 So. 2d 405 · Louisiana Court of Appeal · Oct 18, 1971

The Blackwells are brothers and owners of an establishment located in Bogalusa known as the Pizza Shanty. … As our Brother WHITE observes, that is not a problem in this case, since police arrest of a person for distributing allegedly obscene magazines clearly constitutes an issue of public or general interest." Rosenbloom v.

Berthelot v. Patients' Compensation Fund Oversight Board

2007 La.App. 1 Cir. 0112 · Louisiana Court of Appeal · Nov 2, 2007

(I )(a) All malpractice claims against health care providers covered by this Part, ... shall be reviewed by a medical review panel established as hereinafter provided for in this Section. * * * (3) It shall be the duty of … CONCLUSION The PCF has overstepped its legislative authority and has not carried out its mandatory clerical and ministerial duties that are clearly set forth in the LMMA.

Harvey v. Travelers Ins. Companies

487 So. 2d 106 · Louisiana Court of Appeal · Mar 12, 1986

Big Three contends that plaintiff failed to establish entitlement to use the deposition under any of the conditions of LSA-C.C.P. … We have concluded that the use of the deposition cannot qualify under this condition. Arsenaux v. Arsenaux, 417 So.2d 856 (La.

Bradford v. Bradford

772 So. 2d 302 · Louisiana Court of Appeal · Nov 1, 2000

Well what you've got to look to there is what the university system's policy as to the period of time one must live in that particular state to qualify as a resident student under the education provisions of that university … Clearly this record contains a reasonable factual basis for the trial court's conclusion that, despite plaintiffs attempts to establish the contrary, he was a domiciliary of Michigan when he filed the instant action in Louisiana