Case law

Shelton v. Neal

423 So. 2d 783 · Louisiana Court of Appeal · Dec 1, 1982

The accident occurred before the effective date of Act 144 of 1976 which immunized executive officers from claims for negligence of fellow employees. … Moreover, his experience and training qualified him to take Neal’s place as a supervisor in Neal’s absence.

Cryer v. City of Alexandria ex rel. Alexandria Police Pension & Relief Board

425 So. 2d 900 · Louisiana Court of Appeal · Jan 10, 1983

We cannot subscribe to the argument that the language “while in the performance of his duties” means no more than a temporal relationship between the disability and the job, or that plaintiff need establish no more than that … However, this was clearly an inadvertence or typographical mistake, since a colloquy in the record between court and counsel indicates that the court recognized plaintiff had an interest in the right asserted and that he

State, Department of Transportation & Development v. Wagner

9 La.App. 3 Cir. 644 · Louisiana Court of Appeal · Dec 9, 2009

wrong standard, and factual findings should not be reversed absent manifest error or unless they are clearly wrong. … “It is well established that the current use of the property is presumed to be the highest and best use and the burden of overcoming that presumption by proving the existence of a different highest and best use based on a

American Bank & Trust Co. v. Price

688 So. 2d 536 · Louisiana Court of Appeal · Apr 3, 1996

The conclusion that Matthews’ appraisal was an invalid, defective appraisal because he was “not qualified” is clearly wrong. Especially is that conclusion clearly wrong in the light of the appraisal of Mr. … The de minimus difference in the two appraisals required the sheriff to average the two, as the statute clearly directs.

Becnel v. Citrus Lands of Louisiana, Inc.

429 So. 2d 459 · Louisiana Court of Appeal · Mar 4, 1983

Hugh McCurdy as a witness and qualified him as an expert surveyor. He reviewed the land survey of James S. Webb which was dated February 10, 1928. … The record clearly reveals that the requirements of the statute were not met.

Martinez v. Reynolds

398 So. 2d 156 · Louisiana Court of Appeal · Apr 15, 1981

In its opinion, the Court stated: "The employment relationship between the deputy sheriff and the State is established, for the reasons stated in the prior opinion of this court. Wambles v. … Nevertheless, we believe that that was clearly the intent of the legislature.

Dufrene v. Avondale Industries, Inc.

795 So. 2d 456 · Louisiana Court of Appeal · Aug 22, 2001

The wrongful death claims were dismissed on March 16, 2001, pursuant to applicable law relative to Avondale’s workers’ compensation immunity at the time of the decedent’s death. See Walls v. … Our interpretation creates no contradiction; the wording of C.C.P. art 801 clearly shows that C.C. art. 2315 beneficiaries are to be given preference in the definition of “legal successor.” In the instant case, La.

Vallery v. Olin Corp.

337 So. 2d 631 · Louisiana Court of Appeal · Sep 13, 1976

The trial court found in Kelly that Olin was a statutory employer under LSA-R.S. 23:1061 and, as such, immune from tort liability under LSA-R.S. 23:1032, stating that: "The fact that plaintiff was working on new construction … It is well established that one asking for summary judgment has the burden of showing that there is no genuine issue of fact; any doubt must be resolved against the mover. Kay v.

Cooper v. Public Belt Railroad

2003 La.App. 4 Cir. 2116 · Louisiana Court of Appeal · Oct 6, 2004

The testimony at trial also establish that the crew continued to pay attention to this lady even after they passed her. [Emphasis added.] … Puryear’s expertise that qualifies him to express an *546 opinion regarding what the train crew was looking at the time of the accident. It was Mr.

Davis v. Malveaux

945 So. 2d 70 · Louisiana Court of Appeal · Oct 24, 2006

Davis and Pamela Malveaux both qualified to run for the District 1 seat of the Baker City School Board. [1] Mrs. … Therefore, under the requirements clearly set forth in La. R.S. 18:1409, Mrs.

Succession of Zaring

527 So. 2d 417 · Louisiana Court of Appeal · Jun 7, 1988

Hardin died very shortly after Zaring, and her daughter, Eleanor Saxman, qualified as the Dative Testamentary Executrix for the Zaring succession and petitioned to probate the statutory will of John Zaring. … La.R.S. 47:2402 and 2403 establish three classifications for the assessment of taxes on inheritances, legacies, donations and gifts made in contemplation of death.

Babineaux v. Brown & Root, Inc.

543 So. 2d 946 · Louisiana Court of Appeal · Apr 12, 1989

Babineaux is presently not qualified to return to such strenuous work as is required of a boilermaker or a similar position." … However, we find the trial court's award of supplemental earnings benefits for a period of 500 weeks clearly wrong.

Veuleman v. O'CON

417 So. 2d 131 · Louisiana Court of Appeal · Jul 28, 1982

We pretermit any determination as to the necessity of challenging a voter under the provisions of R.S. 18:111 in each and every election for a single office as we find that the challenged voter here was clearly a qualified … Sowell maintains a fully furnished residence in Robeline, and thus was clearly entitled to vote in the precinct of that residence.

Thomas v. Ardenwood Properties

2010 La.App. 1 Cir. 0026 · Louisiana Court of Appeal · Jun 11, 2010

Town of Berwick, 03-1861, p. 3 (La.App. 1st Cir.6/25/04), 885 So.2d 1222, 1224 (case citations omitted). |7In the instant matter, the law clearly recognizes the right of a biological father to institute a wrongful death action … as the child’s representative, the law, nevertheless, did recognize the mother’s right to institute such an action provided she “complied with the procedural formalities which allow her to qualify as the child’s representative

National Union Fire Ins. Co. v. Spillars

552 So. 2d 627 · Louisiana Court of Appeal · Nov 6, 1989

Nichols and Hughes clearly understood this to mean that invoices were submitted and paid, but no parts delivered. … This qualifies as a conspiracy. Miller v. Keating, supra. Hodge also argues the plaintiff did not prove that the parts listed on the fictitious invoices were not delivered.

Brown v. Lykes Bros. SS Co., Inc.

422 So. 2d 213 · Louisiana Court of Appeal · Nov 2, 1982

NEGLIGENCE Appellants submit the evidence does not establish any negligence by the forklift operator. … Axelrod, was qualified as an expert in general surgery and was Board certified by the American Board of Surgeons.

International Paper Co. v. Hilton

6 La.App. 3 Cir. 895 · Louisiana Court of Appeal · Nov 15, 2006

Id. at 574. 1 Additionally, we quoted the trial court’s judgment, which stated: Obviously, the primary purpose of RS 33:130.15 and 130.16 is not to offer tax incentives or to grant immunity or exemptions from taxation, but … The appellate court disagreed stating: Clearly, the residents of an unincorporated area do not have greater rights than the residents of a municipal corporation.

Johnson v. Acadiana Ry. Co.

96 La.App. 3 Cir. 263 · Louisiana Court of Appeal · Apr 16, 1997

Landry Parish did qualify under an exception to the general rule of venue codified at La.Code Civ.P. art. 42. See La.Code Civ.P. arts. 71-85. … had supervision, may be brought in the parish where this office or establishment is located.

Shane v. Parish of Jefferson

13 La.App. 5 Cir. 590 · Louisiana Court of Appeal · Sep 24, 2014

Section 2-151 clearly establishes that JEDCO, not the Parish, was assigned by the Council as the sole custodian of records for JEDCO’s documents. It is undisputed that the emails were located on JEDCO’s computer server. … The Jefferson Parish Council was clearly authorized to order the internal audit.

City of Baton Rouge v. DeFrances

429 So. 2d 470 · Louisiana Court of Appeal · Mar 4, 1983

DeWeese is a qualified elector of the City. … Clearly this section indicates that whatever limitations may be found in Article VI, Section 6, are inapplicable to laws affecting the courts and their officers.