Case law

Latiolais v. Tauzin

477 So. 2d 1292 · Louisiana Court of Appeal · Nov 7, 1985

No discussion of the law is required to establish that this is simply not so. … In that regard plaintiff must show that the trial court was manifestly erroneous, that he was clearly wrong. We find no error in the trial court’s finding of fact.

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.

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.

State v. Taylor

2011 La.App. 1 Cir. 0373 · Louisiana Court of Appeal · Mar 23, 2012

Taylor’s criminal record clearly establishes that on May 4, 2004, the trial court suspended her sentence; it did not defer it. … and does not purport to per se qualify her for an expungement of her arrest record. .

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.

Maynard v. Hatfield

10 La.App. 3 Cir. 162 · Louisiana Court of Appeal · Jun 2, 2010

To the contrary, the record clearly indicates that Mr. Hatfield had previously filed a Motion for Summary Judgment on the issue of whether Mr. … Hatfield failed to establish that Mr. Maynard’s use of Pike Electric’s vehicle was an incident of his employment with Pike Electric. Consequently, genuine issues of material fact remain as to whether Mr.

Cash v. McGregor

730 So. 2d 497 · Louisiana Court of Appeal · Feb 24, 1999

Second, the defendants must establish freedom from all fault by clear and convincing evidence. … The evidence adduced by defendants shows defendants relied on statements to them that McGregor was qualified under federal regulations to drive.

Griffin v. Yellow Cab Co. of Shreveport

61 So. 2d 225 · Louisiana Court of Appeal · Oct 31, 1952

This judgment properly allowed plaintiffs a period' of time within which to qualify as legal representatives of the minor. Upon compliance with this demand and subr stitution of Rachal V. … From this testimony it is clearly established that the cab was traveling at a speed of some 50 to 60 miles per hour; that there were no cars parked at the curb and as a consequence the boy could not 'have run out from behind

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.

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.”

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.

Anders v. Employers Liability Assur. Corp.

50 So. 2d 87 · Louisiana Court of Appeal · Jan 5, 1951

McBride, an experienced and thoroughly qualified physician, expressed the opinion from a medical standpoint that plaintiff had almost entirely recovered from his injury subject only to a small percentage of disability. … Much less are we inclined to hold him responsible for actions which, under the testimony apropos to this point, were clearly demonstrated to be unintentional, and, indeed, almost unconscious.

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.

Trapani v. State Farm Mut. Auto. Ins. Co.

524 So. 2d 226 · Louisiana Court of Appeal · Apr 18, 1988

that the finding is not clearly wrong (manifestly erroneous). … Proof which establishes only possibility, speculation or unsupported probability is not sufficient to establish a claim. Thibodeaux v. St. Joseph Hospital, 276 So.2d 703 (La.App. 1st Cir.1973); Johnson v.

Hingle v. General Motors Corp.

411 So. 2d 647 · Louisiana Court of Appeal · Mar 9, 1982

Plaintiffs called Dennis Suarez who was qualified as an expert in automotive repairs. … We feel the evidence is sufficient to sustain the Trial Judge’s finding that plaintiffs failed to establish their automobile was defectively manufactured and we will not disturb *650 that determination absent the “clearly

Fisher v. Department of Social Services

600 So. 2d 1368 · Louisiana Court of Appeal · May 22, 1992

Fisher alleges essentially that she is more experienced and better qualified for the position than the person who received the appointment. … Fisher's application for review herein, rather than granting it, the present situation is clearly inapposite to the situation in Schneider . For these reasons, Ms.

Denoux v. Vessel Management Services, Inc.

964 So. 2d 1081 · Louisiana Court of Appeal · Jul 11, 2007

The Belle of Orleans must also qualify as a vessel for the Crew members to qualify as seamen under the Jones Act. In Cappiello , the Stingray vessel navigated bodies of water daily. … Supreme Court has established a two prong test for determining a maritime nexus sufficient to establish admiralty jurisdiction: (1) the court must determine whether the incident has a potentially disruptive impact on maritime

Scarberry v. Entergy Corp.

2013 La.App. 4 Cir. 0214 · Louisiana Court of Appeal · Feb 19, 2014

Searberry asks that we find the jury’s assessment of his reduced earning capacity to be clearly wrong and that we increase it to the amount established by the uncontradicted expert testimony of an economist. … establish the amount of his loss of earning capacity.

Lemann v. Mutual Life Ins. Co. of NY

523 So. 2d 948 · Louisiana Court of Appeal · Apr 12, 1988

Louisiana has established, for reasons of public policy, certain communications which are privileged and excluded from evidence. … They are immunized from liability if they dissiminate an insured's medical information.

Oleszkowicz v. Exxon Mobil Corp.

12 La.App. 5 Cir. 623 · Louisiana Court of Appeal · Dec 19, 2013

Convoluted factual or legal scenarios could qualify as exceptional circumstances, which justify the application of this exception. Brouillard v. … In order to obtain an award of punitive damages, the plaintiff must establish by a preponderance of the evidence that, one, the defendant’s conduct was wanton and reckless, involving extreme departure from ordinary care in