Case law

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.

Smart v. West Jefferson Medical Center

9 La.App. 5 Cir. 366 · Louisiana Court of Appeal · Nov 24, 2009

(g) The filing fee of one hundred dollars per named defendant qualified under this Part shall be applicable in the event that a claimant identifies additional qualified health care providers as defendants. … As the claim was not asserted within this time period, it has clearly prescribed.

Belk v. Montgomery Ward and Co., Inc.

501 So. 2d 1008 · Louisiana Court of Appeal · Jan 21, 1987

Issue No. 1 — Was the jury clearly wrong in not finding the defendant liable? … Was the trial court clearly wrong in accepting the witness as an expert?

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.

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.

Williams v. Williams

590 So. 2d 649 · Louisiana Court of Appeal · Nov 13, 1991

In addition, there must be a further determination that the record establishes that the finding is not clearly wrong. Arceneaux v. Domingue, 365 So.2d 1330, 1333 (La.1978). … Thus, Ronnie could qualify for termination payments without actually severing his contractual relationship with State Farm.

Friendly Finance, Inc. v. Cefalu Realty Invest., Inc.

278 So. 2d 584 · Louisiana Court of Appeal · Aug 29, 1973

This qualified deletion of the parking lot from the R. … The record abounds with evidence clearly establishing *587 that the parking lot was a substantial part of the leased premises here.

Bynog v. Adley

406 So. 2d 653 · Louisiana Court of Appeal · Nov 2, 1981

On appeal, defendant-appellant argues that the preponderance of the evidence clearly established that plaintiff failed to complete the work contracted for in a workmanlike fashion and thereby breached the contract; therefore … Defendant offered the testimony. of a supervisor in the remodeling business, qualified as an expert estimator in the remodeling business, to establish that plaintiff’s work was not satisfactory.

McFeeley v. Hargrove

166 So. 2d 333 · Louisiana Court of Appeal · Jul 1, 1964

The Payne case involved plaintiffs seeking to establish their interest in certain recorded mineral leases.' … of Louisiana June 12, 1943, having its princi *337 pal business establishment in “this State” at “640 Rico-Brewster Building, Shreveport, Louisiana.”

Orillion v. Carter

639 So. 2d 461 · Louisiana Court of Appeal · Jun 24, 1994

Trooper Floyd Terrell, was also qualified as an expert in accident investigation. … that the finding is not clearly wrong (manifestly erroneous).

Morgan v. ABC MANUFACTURER

694 So. 2d 394 · Louisiana Court of Appeal · Mar 13, 1997

Worktec argued that Darryl Hines was a borrowed employee of Goldin and thus, it was immune from tort liability under the worker's compensation statute. … It is well settled that, on appellate review of a factual determination, the reviewing court may not set aside the findings of fact in the absence of manifest error or unless they are clearly wrong.

Chreene v. Howard C. Prince, Jr. & Rowdy Adventures, L. L.C.

256 So. 3d 501 · Louisiana Court of Appeal · Sep 26, 2018

The policy clearly excludes coverage for any liability Prince may be found to have for Austin's death because such liability arises out of Austin's use or operation of a motor vehicle and/or out of Prince's failure to supervise … Accordingly, Prince's motion for summary judgment on the grounds of immunity from tort liability in accordance with La. R.S. 9:2798.4 was properly denied by the trial court. This assignment of error is without merit.

Hornot v. Cardenas

968 So. 2d 789 · Louisiana Court of Appeal · Oct 3, 2007

Where there are two permissible views of the evidence, the factfinder's choice between them cannot be manifestly erroneous or clearly wrong. . . . … R.S. 14:50 is also found in the Louisiana Criminal Code, but the privileges it establishes can also apply in civil cases. Reporter's Comment — 1950 to La. R.S. 14:50.

Newman v. City of Shreveport

962 So. 2d 1075 · Louisiana Court of Appeal · Aug 22, 2007

This provision clearly states that "no public property or public funds shall be subject to seizure." … Louisiana's constitution, while expanding the right to sue, clearly proscribes the seizure of public funds.

Vice v. Assumption Parish Police Jury

135 So. 2d 108 · Louisiana Court of Appeal · Nov 13, 1961

While it may well be that defendant Police Jury does have and may, on trial of this matter on the merits, establish legal cause for denial of a local permit, the fact nevertheless remains said reason or reasons, if any, are … Tangipahoa Parish Police Jury, supra, which former decision we believe to be clearly distinguishable from the case at bar.

Odom v. Respiratory Care, Inc.

98 La.App. 1 Cir. 0263 · Louisiana Court of Appeal · Feb 19, 1999

In March 1992, Odom received a raise to $19.00 an hour when he qualified as a registered respiratory tech. … The FLSA clearly provides for attorney’s fees to be paid by the employer where a violation has occurred. 29 U.S.C.A. § 216 (b).

Beilenson v. Jefferson Parish Hospital Service District No. 2

4 La.App. 5 Cir. 814 · Louisiana Court of Appeal · Dec 14, 2004

Richard Deno was qualified as an expert in emergency medicine. Dr. Deno testified that he responded to Ms. … Jane Brannon, who was qualified by the court as an expert in nursing, testified on behalf of the plaintiff. Ms.

State v. Preferred Accident Insurance Co. of NY

149 So. 2d 632 · Louisiana Court of Appeal · Jan 18, 1963

To maintain the present action it is not sufficient that claimant merely be sui juris quoad our laws; in addition, claimant must establish that it is a resident since the terms of the applicable statute clearly and expressly … Clearly such vast, material changes were not contemplated by the contract in question.

Succession of Gafford

180 So. 2d 74 · Louisiana Court of Appeal · Oct 28, 1965

Frank Matthews was appointed and qualified as administrator. … The opinion by Chief Justice Fournet, relied upon Civil Code Art. 1570 and held the words of the testatrix did not comply with the codal article prescribing that the testament must "clearly establish that it is a disposition

Ryan Breaux v. Louisiana Patients Compensation Fund

Louisiana Court of Appeal · Feb 6, 2013

Specifically, he testified that the immune lining of the heart and arteries were damaged, which, in turn, weakened her immune system. … The testimony of the Breauxs’ highly- qualified experts, Dr. Galpin and Dr.