Case law

Bickham v. Goings

460 So. 2d 646 · Louisiana Court of Appeal · Nov 20, 1984

Domingue, 365 So.2d 1330 (La.1978) we are bound to accept those findings unless the record establishes that they are clearly wrong. Our review convinces us that they are not. Defendants contend that Frank, Jr.' … In Hunnicutt the defendants attempted to elicit similar testimony concerning braking tests from a witness who had not been qualified as an expert at accident reconstruction in an attempt to establish the speed of the plaintiff's

Bond v. City of Baton Rouge

129 So. 2d 887 · Louisiana Court of Appeal · Apr 10, 1961

Secondly, defendant Parish maintains it is entitled to governmental immunity herein predicated on the decisions rendered in Duree v. Maryland Casualty Company, 238 La. 166 , 114 So.2d 594 and Stephens v. … It follows therefore that both of said exceptions are clearly without merit.

Romano v. Lomasney

423 So. 2d 787 · Louisiana Court of Appeal · Dec 2, 1982

Romano has a cause of action against the executive officers because his injury occurred before the effective date of Act 147 of 1976, (LSA-R.S. 23:1032) which immunized executive officers from an employee’s claims for personal … The duty exists because a reasonably prudent executive officer would establish and enforce such a policy.

Henderson v. Claiborne Elec.

793 So. 2d 247 · Louisiana Court of Appeal · Jun 20, 2001

We start with the proposition that employers and their employees are immune from all tort actions arising from workplace injuries. La.R.S. 23:1032(A). … Clearly, this does not fit the supreme court's definition of an intentional act.

McNamara v. Tube-Alloy Corp.

583 So. 2d 930 · Louisiana Court of Appeal · Jun 27, 1991

. §§ 991-997 in order to encourage and promote the foreign exportation of manufactured goods by United States corporations by giving favorable tax treatment to the qualifying “Domestic International Sales Corporations” (DISC … It alleges that the trial court erred in holding that the Department did not establish a prima facie case of Tube-Alloy’s breach of the only standard relevant to imposition of the tax.

Melancon v. Hyatt Corp.

589 So. 2d 1186 · Louisiana Court of Appeal · Nov 14, 1991

Defendant first argues that the jury was clearly wrong in finding that plaintiffs had proved the necessary elements to establish defamation. … We cannot say that the jury's conclusion in this regard is clearly wrong.

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.

Galle v. Allstate Ins. Co.

451 So. 2d 72 · Louisiana Court of Appeal · May 10, 1984

This affidavit established the following: (1) Keystone is a Florida corporation, and maintains its principal office and place of business in Florida. (2) Keystone is not qualified to, and does not do business in Louisiana … Keystone has relied upon its present almost non-existent contacts with Louisiana as the basis for its claim of immunity from suit here.

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

Manning v. Sampson

10 La.App. 5 Cir. 151 · Louisiana Court of Appeal · Oct 12, 2010

Sampson are immune from tort liability and Mr. Manning’s exclusive remedy is for worker’s compensation benefits. … Considering the undisputed facts, along with the jurisprudence and factors for determining borrowed servant status, we find that the totality of the circumstances clearly shows that Mr.

Jeansonne v. Bonano

241 So. 3d 1027 · Louisiana Court of Appeal · Jan 23, 2018

A panelist shall have absolute immunity from civil liability for all communications, findings, opinions, and conclusions made in the course and scope of his duties pursuant to serving on a [MRP]. [ La. … Jeansonne maintains that, as a matter of law, January 16, 2014, the date that the record indisputably establishes Mr.

Hess v. Magnolia Behavioral Healthcare, L.L.C.

2015 La.App. 1 Cir. 1312 · Louisiana Court of Appeal · Feb 24, 2016

Hess’s PTO: hours were reduced by the payment of her final check. ■ Magnolia counters that the evidence clearly establishes, as was confirmed by the trial court, that Ms. … Global Data Systems, Inc., 2005-1227 (La.App. 3 Cir. 4/5/06) , 926 So.2d 145, 149 (provision in employee vacation policy did not qualify as clear, written policy establishing that vacation time granted by employer was a “

Dobyns v. Univ. of La. Sys.

275 So. 3d 911 · Louisiana Court of Appeal · Apr 12, 2019

Dobyns alleged that she suffered from severe allergies due to the many environmental allergens in south Louisiana, which resulted in a compromised immune system. Dr. … A court of appeal must not set aside the trier of fact's findings unless (1) a reasonable factual basis does not exist in the record for the finding and (2) the record establishes that the finding is clearly wrong or manifestly

McNamara v. Leslie Ardoin, Inc.

357 So. 2d 1317 · Louisiana Court of Appeal · Apr 11, 1978

Finally, we note that in taxing legislation, exemptions must be strictly construed, and clearly, unequivocally, and affirmatively established. Roberts v. City of Baton Rouge, 236 La. 521 , 108 So.2d 111 (1958); Kemp v. … Clearly, defendant does not qualify. In addition to these rules of statutory interpretation, we find specific support for this view in the Louisiana Supreme Court’s decision in Standard Oil Co. of New Jersey v.

Pasqua v. St. Landry Parish Police Jury

94 La.App. 3 Cir. 1196 · Louisiana Court of Appeal · Mar 1, 1995

Landry Parish Police Jury in its method of appropriation of the Fund has been established. … In addition, the plaintiffs’ petition also establishes a potential claim for noncompliance with the statutory requirements of the Parish Transportation Fund Act.

Meredith v. Asbestos Corp., Ltd.

707 So. 2d 1334 · Louisiana Court of Appeal · Feb 18, 1998

and executive officers against tort actions, should not apply when the tortious conduct occurred before the effective date of the 1976 amendment, which established that immunity. … Perhaps the answer to this problem could be solved if the right of action and the cause of action were more clearly distinguished in these types of cases.

Vestal v. Kirkland

11 La.App. 3 Cir. 419 · Louisiana Court of Appeal · Nov 23, 2011

that the fact finder is clearly wrong or manifestly erroneous. … The medical testimony clearly established he would be unable to work in any of these positions in the future because of his injuries. Dr.

Narcisse v. Continental Ins. Co.

419 So. 2d 13 · Louisiana Court of Appeal · Jul 28, 1982

It was established that the door was made of metal, weighed 112 pounds, [1] and lacked a doorstop or closure. Dr. Louis V. … Testimony as to safety or design of doors would have clearly been outside of his field of expertise, as the trial court correctly concluded.

Boguille v. Chambers

96 La.App. 4 Cir. 1173 · Louisiana Court of Appeal · Dec 11, 1996

That argument, how *589 ever, ignores the provisions of La.R.S. 9:2798.1(B), which grants governmental units qualified immunity from liability “based upon the exercise or performance or the failure to exercise or perform … We hold that discretionary immunity absolves it from liability in its decision to set the territorial limits of the ordinance’s application at 225 feet north of the dolphin.

McLavy v. Martin

167 So. 2d 215 · Louisiana Court of Appeal · Sep 2, 1964

Thus our basic law clearly authorizes the naming of party candidates for political office by means other than party primaries or conventions. … Thus, we believe, the pertinent statutory authority, considered in pari materiae (as they must be) establish the validity of LSA-R.S. 18:621.