Case law

State Of Louisiana v. Christine Jackson

Louisiana Court of Appeal · Nov 16, 2022

FACTS The following facts were established at the motion to quash hearing. … If so, then the immunity in LSA-R.S. 14: 403. 10 clearly would not apply to the defendant herein, as indicated by the qualifying statutory language: " unless the person illegally provided or administered a controlled

Keller v. Odin Management, Inc.

716 So. 2d 962 · Louisiana Court of Appeal · Aug 19, 1998

At this point, plaintiff had established her case by a preponderance of the evidence. … However, LSA-R.S. 23:1032(B) provides an exception to this tort immunity when the employee's injury is the result of an intentional act.

Baldone v. Terrebonne Parish Registrar of Voters

2015 La.App. 1 Cir. 1356 · Louisiana Court of Appeal · Sep 21, 2015

Baldone filled out was a copy of Form # 0212, established pursuant to. La. R.S. 18:107(B). … Louisiana Revised Statutes 18:221(A) provides, in pertinent part, that the duties of the - registrar may be compelled by mandamus "at the suit of two or more qualified electors.” .

Jefferson v. Monumental General Ins. Co.

607 So. 2d 851 · Louisiana Court of Appeal · Feb 5, 1993

The trial court found that the amputation was clearly near the ankle joint. … The trial court's opinion following trial, although not as explicit in this regard, may clearly be read as again finding an amputation near the ankle joint sufficient to qualify as one at the ankle joint.

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.

Carleton v. Division of Administration, Louisiana Civil Service Commission

380 So. 2d 628 · Louisiana Court of Appeal · Dec 27, 1979

He is qualified under the standards in effect, at the time of the reallocation, for the class to which his position is reallocated; and 2. … We need not decide that issue since Rule 13.10(c) clearly allowed Mr. Carleton an appeal based on his allegation that the wrong rule had been used in reducing his salary.

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 .

Dulin v. Levis Mitsubishi, Inc.

2001 La.App. 1 Cir. 2457 · Louisiana Court of Appeal · Dec 20, 2002

Untruthful Statements An employee has failed to answer truthfully only when he clearly indicates "no" on the employer's questionnaire, denying the existence of a known medical condition. Boh Bros. Construction Co. v. … Mitchell, the WCJ found that Levis established that the injury was to the same part of the spine and that the two injuries merged to cause a more serious disability.

Hunt Plywood, Inc. v. Estate of Davis

645 So. 2d 248 · Louisiana Court of Appeal · Oct 26, 1994

Gaiennie, 305 So.2d 572 (La.1974), where a mother mooted such an exception by qualifying as a *251 natural tutrix under LSA-C.C.P. Art. 4061. … Further, the record does not clearly establish a close relationship between Dylon and his father.

Holzenthal v. Sewerage & Water Board of New Orleans

950 So. 2d 55 · Louisiana Court of Appeal · Jan 10, 2007

Clearly, the instant case qualifies under subsections (1), (2) and (3). The trial court observed the testimony of the plaintiffs and found that the plaintiffs were credible witnesses. … In this appeal, SWB now argues that the evidence establishing the cost of timber pile shoring was inadmissible hearsay.

Rosenkrantz v. BATON ROUGE PSYCH. ASSOC.

657 So. 2d 1353 · Louisiana Court of Appeal · Jun 23, 1995

The Departing Partner ... shall have the right to retain an appraiser who is qualified to appraise the Property at his expense. … It is apparent from the record of the original trial that the plaintiff failed to clearly establish what, if any, interest he owned in the lease.

Southwest Louisiana Electric Membership Corp. v. City of Opelousas

573 So. 2d 1319 · Louisiana Court of Appeal · Feb 6, 1991

It is settled that a “majority of qualified electors” means a majority of the qualified electors who choose to exercise their right to vote on an issue. Dresser v. … Considering this established principle, irrespective of the number of electors who participated in all facets of the election, the mathematical majority, as to each separate proposal, is determined by the number of votes

State v. Bennett

498 So. 2d 230 · Louisiana Court of Appeal · Nov 12, 1986

We find, however, that the evidence clearly establishes defendant was not able to take a field sobriety test. … The person tested may have a physician or a qualified technician, chemist, registered nurse or other qualified person of his own choosing administer a chemical test or tests in addition to any administered at the direction

Vogt v. Board of Levee Com'rs

680 So. 2d 149 · Louisiana Court of Appeal · Sep 4, 1996

Act 233 intended to return those lands and revenues to the owners and their heirs, and *159 nothing in Act 819 clearly shows a different intent. … This Court held that Act 99 of 1924 authorized the expropriations and at that time the Levee Board was immune by virtue of sovereign immunity. Henry v.

Posecai v. Wal-Mart Stores, Inc.

731 So. 2d 438 · Louisiana Court of Appeal · Jun 25, 1999

David Kent (Kent), an ex-police officer with a safety consulting firm, was qualified as an expert in criminal risk assessment and premises and safety security. … In addition, the trial court has great discretion whether to qualify an expert witness and has wide latitude whether an expert has the competence, background and experience to qualify. Mitchell v.

Desselle v. Guillory

407 So. 2d 79 · Louisiana Court of Appeal · Nov 20, 1981

From our review of the record we are unable to say that the verdict of the jury favoring the defendants on the plaintiffs' demands is clearly wrong. … The trial judge correctly allowed such testimony in evidence on the issue of good faith for the purpose of establishing that the statements were made to Mrs.

Falcon v. Our Lady of Lake Hosp., Inc.

729 So. 2d 1169 · Louisiana Court of Appeal · Apr 1, 1999

For example, *1172 in Vallery , JoAnn and Albert Vallery brought suit against Southern Baptist Hospital after being exposed to the human immunodeficiency virus (HIV), which causes Acquired Immune Deficiency Syndrome (AIDS … In the present case, the evidence introduced in support of the motion for summary judgment clearly indicates that the blood received by Mrs.

Cardwell v. Oaks Care Ctr., LLC

258 So. 3d 720 · Louisiana Court of Appeal · Dec 13, 2017

The plaintiffs did not establish the standard of care applicable to the Oaks; 2. The jury's finding that the Oaks breached the standard of care was clearly wrong and manifestly erroneous; 3. … On cross examination, plaintiffs' counsel established that Dr. Nelson had never treated Mrs.

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.

Hebert v. Chateau Living Center, LLC

2 La.App. 5 Cir. 462 · Louisiana Court of Appeal · Sep 30, 2003

This Court, in a split decision, reversed that ruling finding that: We find the legislature clearly intended to establish an independent cause of action for offenses listed in the NHRBR, which is separate from, and in addition … The Legislature's enactment of the NHRBR was not intended to remove malpractice claims against qualified health care providers from the coverage of the MMA, but was instead intended to provide nursing home residents with