Case law

Burtner v. Lafayette Parish Consolidated Government

14 La.App. 3 Cir. 1180 · Louisiana Court of Appeal · Apr 15, 2015

Thus, *1063 Plaintiffs fault in causing the accident was clearly established. … King was retained by Plaintiff to defend against an affirmative defense raised by defendants that they were entitled to immunity because of Plaintiffs alleged intoxication. Dr.

Atkinson v. Lammico Insurance Co.

11 La.App. 3 Cir. 13 · Louisiana Court of Appeal · May 4, 2011

All other tort liability by a qualified health care provider is subject to the general law of torts. Id. … Young Both the MMA and the Coleman factors clearly contemplate that the conduct occurs within the context of a patient-physician relationship.

Branton v. WEBSTER PARISH SCHOOL BD.

596 So. 2d 840 · Louisiana Court of Appeal · Mar 20, 1992

Louisiana's present constitutional and statutory scheme clearly allows the inclusion of all registered voters in elections of the type presently under consideration. Art. … VI, § 22 by establishing a uniform procedure to conduct elections to authorize the issuance of bonds, the assumption of indebtedness, and the imposition or increase of taxes by a political subdivision.

Mustiful v. State ex rel. Board of Trustees for State Colleges & Universities

347 So. 2d 516 · Louisiana Court of Appeal · Jun 22, 1977

Defendant’s position is that the answers to plaintiff’s interrogatories and the testimony adduced at trial clearly establish plaintiff was simply the victim of a forced reduction in Grambling’s expenditures. … However, she explained the new teacher taught additional courses plaintiff was not qualified to teach.

Dupre v. Saenger Arts Center, Inc.

508 So. 2d 837 · Louisiana Court of Appeal · May 12, 1987

Expert testimony also established that the stairs in the area of the fall varied in tread width by several inches. At the conclusion of trial, the court ruled in favor of Mrs. … Dupre went to speak with her co-worker, she testified that everything was clearly visible to her when she stumbled.

Cooper Stevedoring Co. v. Secretary Department of Revenue & Taxation

555 So. 2d 32 · Louisiana Court of Appeal · Dec 19, 1989

Due to this fact, the Department concludes Cooper can not be considered to be engaged in “foreign or interstate coastwise commerce” as required to qualify for the exemption. … Citation omitted 435 U.S. at 743 , 98 S.Ct. at 1395 Accordingly, we find the stevedoring services performed by Cooper are clearly part of interstate or foreign commerce as these terms are generally understood.

D.M.S. v. I.D.S.

225 So. 3d 1127 · Louisiana Court of Appeal · Mar 4, 2015

is clearly wrong. … Albert Sidhom as an expert in order to establish his PAS defense. While Dr.

Gros v. City of Thibodaux

116 So. 2d 161 · Louisiana Court of Appeal · Sep 24, 1959

Appellee contends that when the charter is construed or interpreted it clearly gives the Board of Trustees the power to authorize, by ordinance, the appointment, by the Mayor, by the Department Head, or otherwise, including … For example, the City of Thibodaux is empowered under Section 2 to create, establish, abolish, organize as offices, and fix the salaries and compensation of all officers and employees.

Dunhill of Lafayette, Inc. v. Marion Corp.

390 So. 2d 224 · Louisiana Court of Appeal · Oct 8, 1980

Art. 2278(3) that a promise to pay the debt of a third person cannot be established by parol. … Chalmers later signed an affidavit to the effect that no bona fide order was made, does not create a genuine issue of fact as his deposition clearly establishes that such an order was placed by him with Dunhill for that position

Morgan v. United Medical Corp. of New Orleans

95 La.App. 4 Cir. 1868 · Louisiana Court of Appeal · Jun 25, 1997

Because the record in this ease clearly indicates that the insurer only paid $95,872.65, the trial court’s conclusion is incorrect. Russo at 884 . … The Russo decision is clearly distinguishable from the present matter.

Walters v. State ex rel. Department of Health & Human Resources

575 So. 2d 857 · Louisiana Court of Appeal · Feb 27, 1991

Walters was qualified, according to the vocational rehabilitation expert. Mrs. … The State, on the other hand, established that Mrs. Walters was physically able to perform work available to her in the geographic region, § 1221(3)(c)(i); Barton v. Wausau Ins.

Foreman v. DANOS AND CUROLE MARINE CONT.

722 So. 2d 1 · Louisiana Court of Appeal · Sep 25, 1998

In the instant case, Mobil clearly exercised control over the Danos employees and their work. Michael Hanks, a Mobil employee, stated in his deposition that the Mobil supervisors, H.A. … that lacked an established legal system because it lies beyond state boundaries.

Lachney v. Delaney

628 So. 2d 46 · Louisiana Court of Appeal · Oct 6, 1993

The 1983 amendments to the Worker’s Compensation Act established a stricter standard for proving permanent total disability. … Clearly, Dr. McKay did not believe that Lachney was in as much pain as he stated.

Bankston v. Scaffolding Rental

513 So. 2d 307 · Louisiana Court of Appeal · Aug 21, 1987

An odd-lot claimant does not have to be absolutely helpless to qualify for total disability status. … The evidence in this case clearly establishes that plaintiff's injury was only partially disabling, limiting him to a maximum of four hundred and fifty weeks of payments, beginning April 29, 1983, in accordance with the formula

Cotten v. COLLECTOR REVENUE

579 So. 2d 499 · Louisiana Court of Appeal · Apr 30, 1991

An exemption being an exceptional privilege must be clearly, unequivocally and affirmatively established. McNamara v. Central Marine Service, Inc., 507 So.2d 207 (La. 1987); Vulcan Foundry, Inc. v. … The trial judge was clearly wrong to find to the contrary.

Dyer v. Service Marine Industries, Inc.

97 La.App. 1 Cir. 2622 · Louisiana Court of Appeal · Dec 28, 1998

On this date, Service Marine also filed a motion for summary judgment asserting that Dyer was its borrowed employee and thus, it was immune from tort liability under the LHWCA. *1137 After a hearing, the trial court granted … Clearly, Service Marine did not select and engage Dyer for employment. Service Marine also failed to prove that it had the obligation to pay Dyer.

Parmelee v. Kline

579 So. 2d 1008 · Louisiana Court of Appeal · Mar 13, 1991

The testimony established that the school rule for supervision was not followed for circumcisions. The Felice court stated at 929. … Most states have now abolished the hospital charitable immunity doctrine, as did West Virginia in syllabus point 1 of Adkins v. St. Francis Hosp., 149 W.Va. 705 , 143 S.E.2d 154 (1965).

Stevens v. Stevens

476 So. 2d 883 · Louisiana Court of Appeal · Sep 25, 1985

It is well established that the provisions of the Louisiana Long-Arm Statute are to be broadly construed to the full extent permitted under due process. Adcock v. Surety Research and Inv. … Based upon this evidence the trial court was not clearly wrong in concluding that the document could not qualify as a sale under Louisiana law. There was no serious consideration. Dixon v.

Ratliff v. STATE EX REL. DOTD

844 So. 2d 926 · Louisiana Court of Appeal · Mar 28, 2003

The district court erred in failing to recognize the separation of powers and/or discretionary function immunity accorded DOTD. H. … The department shall control signal lights and traffic other than parking on highways in the state system established hereby. B.

Broussard v. Multi-Chem Grp., LLC

255 So. 3d 661 · Louisiana Court of Appeal · Jul 11, 2018

There's issues for potential immune system abnormalities. There's the issue of adverse cardiovascular health consequences in the future. … The trial court qualified Dr. Mitchell as tendered. In presenting Dr.