Case law

Sensat v. Washington Group International, Inc.

12 La.App. 3 Cir. 654 · Louisiana Court of Appeal · Dec 12, 2012

Jarrell would first vet local ironworkers for qualified individuals. If there were too few qualified local workers, Jarrell would reach out to other qualified workers. … The overall tenor of the testimony established that, Sensat was virtually guaranteed work at Crystal River.

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.

Valerie v. Foret

544 So. 2d 737 · Louisiana Court of Appeal · May 24, 1989

From the record it is clear that the plaintiff apparently failed to institute her suit within the one year prescriptive period established in La.R.S. 9:5628(A). … Lafayette Bone & Joint Clinic, 467 So.2d 113 (La.App. 3 Cir.1985) which can be clearly distinguished on its facts from the instant case.

Pack v. Wise

155 So. 2d 909 · Louisiana Court of Appeal · Sep 12, 1963

(The right of privacy has been variously defined as "the right to be let alone" and as part of "the general right of immunity of the person", "the right to an `inviolate personality'", a violation of which right is "a direct … The right of privacy is not absolute but is qualified by the rights of others.

Broussard v. Jester

876 So. 2d 940 · Louisiana Court of Appeal · Jun 16, 2004

Jester is not a healthcare provider qualified under the terms of the Louisiana Medical Malpractice Act. The Broussards then filed a petition in district court seeking damages from Dr. … Broussard that he could help her "with like immune therapy, diet, things like that," and that he told her "the most important thing she needed was surgery, radiation, and maybe chemotherapy."

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

Smith v. Berteau

739 So. 2d 269 · Louisiana Court of Appeal · Jun 25, 1999

Smith alleges that Empire has not clearly established that there are not any disputed issues of material fact, in particular, whether workers' compensation is plaintiff's only remedy for his injures, and whether Berteau was … Although LSA-R.S. 23:1032 provides tort immunity to the employer and coemployee of an injured employee, the employee is free to seek tort recovery from an employee who caused the injury, when the coemployee was not engaged

In re Benoit

244 So. 3d 44 · Louisiana Court of Appeal · Apr 11, 2018

(emphasis added) The Supreme Court conclusively established in LeBreton v. … R.S. 9:5628 established a preemptive time period. 2007-0419, p. 13, 989 So.2d at 51 .

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.

Morrison v. Johnston

571 So. 2d 788 · Louisiana Court of Appeal · Dec 5, 1990

At a later time, plaintiff's testimony could be more clearly understood, both her direct testimony and her testimony given on cross-examination. … The issue before this court is whether plaintiff established by a preponderance of evidence that the defendant's negligence caused her injuries.

Piazza v. Behrman Chiropractic Clinic, Inc.

588 So. 2d 1190 · Louisiana Court of Appeal · Oct 18, 1991

The plaintiffs contend that chiropractic physicians are considered a medical specialty for purposes of LSA-R.S. 9:2794(A)1 because they contend that the trial testimony established that the standard of care for chiropractors … A trial judge has much discretion in determining whether to qualify a witness as an expert, and his judgment will not be disturbed by this court unless clearly erroneous. Anthony v.

State v. Lee

533 So. 2d 399 · Louisiana Court of Appeal · Oct 27, 1988

The competency of expert witnesses is a question of fact within the sound discretion of the trial judge, and his ruling on the qualifications of experts will not be disturbed unless clearly wrong. State v. … As such, it does not appear that the trial judge erred by qualifying the officer as an expert. Therefore, this claim has no merit.

Johnson v. New Orleans Charities Building Corp.

2000 La.App. 1 Cir. 2772 · Louisiana Court of Appeal · Feb 15, 2002

It is well established that exemptions from taxation are strictly construed against the taxpayer claiming the benefit thereof and must be clearly, unequivocally, and affirmatively established by the taxpayer. … Here the taxpayer has failed to clearly, unequivocally and affirmatively establish its entitlement to the exemption.

Nearhood v. Anytime Fitness-Kingsville

178 So. 3d 623 · Louisiana Court of Appeal · Nov 4, 2015

Nearhood qualifies as a sophisticated user of the squat machine; therefore, Mr. Nearhood cannot not satisfy the elements of his negligence claim — specifically, the element of duty — -at trial. … The trial court clearly erred in finding Sport City at fault. Id. at 1158 .

Robinson v. Allen Parish Police Jury

5 La.App. 3 Cir. 0394 · Louisiana Court of Appeal · Dec 30, 2005

While medical evidence might be necessary to establish whether the delay in transporting Mr. … The licensing requirements clearly differentiate between its health care and professional medical services functions and its function as a provider of vehicles of transportation.

Ricks v. Louisiana Milk Commission

32 So. 2d 643 · Louisiana Court of Appeal · Nov 21, 1947

distributor as an official or representative of the Louisiana Ice and Utilities Co., Inc., his relationship to that corporation had not been shown and second, as the Governor had specifically appointed him as a producer, clearly … This commission is appointed for the purpose of supervising and regulating the buying of milk, of establishing certain methods of testing and sampling and weighing the same, of requiring licenses for such purposes, and in

Allen v. Affordable Home Furnishings

14 La.App. 3 Cir. 338 · Louisiana Court of Appeal · Oct 1, 2014

The 2003 amendment also added paragraphs 3(b) and 3(c) to grant the counselor limited immunity from tort and to allow the employer to compel the employee’s cooperation in the rehabilitation process. … Thus, the legislature clearly recognized a right of the employee to challenge the quality of the vocational rehabilitation services and, consequently, set forth a procedure for resolving any disputes concerning the work of

Melder v. Sears, Roebuck and Co.

731 So. 2d 991 · Louisiana Court of Appeal · Mar 31, 1999

Carriere's testimony clearly indicates that Sears had sufficient probable cause to ask for Mr. Melder's arrest. Because Mr. … In effect, assertion of a qualified privilege amounts to rebuttal of the allegation of malice.

Eames v. Schedler

2016 La.App. 1 Cir. 1054 · Louisiana Court of Appeal · Aug 11, 2016

McCLENDON, J., dissenting. hTo establish candidacy for United States Congress in Louisiana, the Louisiana Election Code provides that any person desiring to become a candidate for United States senator or representative in … The provisions of Chapter 5 instruct that to qualify as a candidate for public office, a candidate is required to file a Notice of Candidacy. La. R.S. 18:461. Moreover, La.

State v. Laws

666 So. 2d 1118 · Louisiana Court of Appeal · Dec 6, 1995

Defendant argues that Lieutenant Trahan was not qualified as an expert and thus could not give an opinion on this topic. … Such evidence is insufficient to establish specific intent to distribute.