Case law

Jarvis v. Lafayette General Hospital

373 So. 2d 1000 · Louisiana Court of Appeal · Jul 25, 1979

The minute entry clearly shows that, although the Judge recognized that plaintiffs had failed to submit their claim to a medical review panel, he felt that to dismiss their claim altogether might be unduly prejudicial to … No action against a health care provider covered by this Part, or his insurer, may be commenced in any court of this state before the claimant's proposed complaint has been presented to a medical review panel established

Walker v. Aetna Casualty & Surety Co.

488 So. 2d 397 · Louisiana Court of Appeal · May 14, 1986

A person may also qualify for permanent total disability benefits as an odd lot worker. … Walker qualifies for total permanent disability as an odd lot worker under LSA-R.S. 23:1221(2).

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.

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.

Bernard v. State

127 So. 2d 774 · Louisiana Court of Appeal · Mar 6, 1961

Accordingly, it is argued that the exception to the rule relating to the State's immunity from suit, as set out in the above cited cases, is not applicable here. … The evidence establishes that 1.848 acres of plaintiff's land was affected by the excavation and the spoil banks.

Vehrs v. Jefferson Insurance Company

168 So. 2d 873 · Louisiana Court of Appeal · Jan 21, 1965

Under these circumstances the jurisprudence is well established that the judgment of the trial court is presumed to have been based upon sufficient evidence and to be correct. Clark v. … In the legal sense, a person's domicile is the place where he has his permanent home or principal establishment, to which place he has, whenever he is absent, the intention of returning.

Miskell v. Ciervo

557 So. 2d 274 · Louisiana Court of Appeal · Jan 16, 1990

This is clearly established by defendant's First Supplemental and Amended Answer filed on behalf of Mt. Vernon Insurance Co. … Since the defense of fraud meets the Freeman and Jacobs tests, all defendants enjoy the tenets of qualified privilege. Accordingly we affirm the trial court's ruling maintaining the Exception of No Cause of Action.

Sallean v. Jefferson Parish Medical Society

1 La.App. 5 Cir. 128 · Louisiana Court of Appeal · May 30, 2001

The employer has the burden of proving entitlement to immunity when it seeks to avail itself of tort immunity under La. R.S. 23:1032. Mundy 593 So.2d at 349 . … or during such an activity so that the employee is barely within the outer boundary of the “course of employment” inquiry, a very strong showing by the employee that the risk arose out of the employment is necessary to establish

State v. King

604 So. 2d 661 · Louisiana Court of Appeal · Jun 29, 1992

Here, the explanations given by the state for peremptorily challenging the four black prospective jurors were clearly race-neutral. … Clearly, this initial showing is obviated by the holding in Powers v. Ohio. See State v.

Turner v. State

137 So. 2d 456 · Louisiana Court of Appeal · Jan 31, 1962

Inasmuch, however, as the exception is, in our opinion, clearly without merit, we may briefly assign reasons therefor. … Nor do the facts established to have existed in this case support defendant's position. The employee of defendant was engaged in work on a roadside park and not upon the surface of a highway.

In Re Williams

984 So. 2d 789 · Louisiana Court of Appeal · Feb 20, 2008

We find this indicative of a legislative intent that compensation be awarded in cases where factual innocence is established clearly and convincingly through such scientific evidence ( e.g., DNA) that exonerates a person, … This is clearly not the intention of the legislature as reflected by the statute.

In re Civil Service Commission Layoff Investigation

546 So. 2d 523 · Louisiana Court of Appeal · Jun 8, 1989

Since nobody in the Fire Department had been affected by prior layoffs most supervisors believed that the Department would be immune in future layoffs. … The manifest error or clearly wrong standard should be utilized in reviewing the Commission’s findings of fact. Walters, supra; Lee, supra; Sanders v.

Hartec Corp. v. GSE Associates, Inc.

2010 La.App. 1 Cir. 1332 · Louisiana Court of Appeal · Feb 24, 2012

clearly wrong or manifestly erroneous. … R.S. 9:2771 providing for contractor immunity.

Poole v. Merritt

19 So. 2d 641 · Louisiana Court of Appeal · Jun 30, 1944

No one qualified as a candidate for the position from Wards Five and Seven and only one qualified from Wards Two and Four, whereas each of these wards is entitled to two members. … Section 15 of the 1940 Act clearly covers the matter.

Holmes v. Lee

795 So. 2d 1232 · Louisiana Court of Appeal · Sep 28, 2001

The evidence presented by the pharmacy, particularly the note from the health clinic, conclusively establishes that Ms. Holmes knew of the error by September 24, 1998. … First, the September 2, 1999 letter from Lee's counsel to the PCF clearly states: RE: GLORIA HOLMES VERSUS VAN LEE (doing business as Lee's City Drugs) Thus, the petition and the request for review both state the same defendant

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.

Blanchard v. Rand

781 So. 2d 881 · Louisiana Court of Appeal · Mar 2, 2001

As in this case, the title that establishes a servitude for the benefit of the dominant estate may also establish a servitude on the dominant estate for the benefit of the servient estate. *884 Article 707 of the Civil Code … The language clearly states that the tracts cannot be divided so as to have two residences instead of one. In this case the tracts were clearly resubdivided for the purpose of having two separate residences.

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. Finch

730 So. 2d 1020 · Louisiana Court of Appeal · Feb 24, 1999

Rather, the court simply found that the evidence established the prior convictions. … The trial court simply stated that defendant "qualifies," indicating that defendant qualified as a third-felony offender under La. R.S. 15:529.1(A)(2)(b)(ii).

Scott v. OMEGA PROTEIN, INC.

989 So. 2d 827 · Louisiana Court of Appeal · Jul 16, 2008

A plaintiff establishes a prima facie case by showing that he: (1) is a member of a protected class, (2) was qualified for the position, (3) was terminated, and (4) was replaced by someone outside the protected class. … Defendant's admitted preference for alien workers clearly is discriminatory in effect. Consistent with Title VII, the U.S.