Case law

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.

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.

State v. Williams

615 So. 2d 1009 · Louisiana Court of Appeal · Mar 5, 1993

Thus, the objection was untimely, since the question clearly sought to elicit the witness' response in the form of an opinion or inference. … Defendant argues this testimony was outside the doctor's field of expertise because the doctor was not qualified as an expert in ballistics or forensic science and was not otherwise qualified to testify as to the cause and

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.

John Nickelson v. Henry Whitehorn and Kyle R. Ardoin, in his official capacity as Louisiana Secretary of State

Louisiana Court of Appeal · Dec 12, 2023

In his post-trial brief, Nickelson argued that the testimony and evidence clearly established double voting by two individuals, voting by four fully interdicted individuals, and multiple irregularities in mail-in ballots … Clearly, irregularities existed in the voting for the office of Caddo Parish Sheriff. Nickelson has established that two voters illegally voted twice in clear violation of La. R.S 18:1305.

Heirs of Tarver v. State, Department of Health & Hospitals

94 La.App. 1 Cir. 1121 · Louisiana Court of Appeal · Apr 7, 1995

So.2d 431, 432-33 (La.App. 5th Cir.1986), writ denied, 500 So.2d 428 (La.1987), wherein *1349 the court stated that an employee is entitled to recover vacation pay accruing prior to his discharge, unless the employers’ established … As the pleadings clearly disclose that the State paid the required 300 hours in accordance with Civil Service Rule 11.10, the trial court was correct in dismissing this suit on the exception of no cause of action.

White v. Taylor

5 So. 2d 337 · Louisiana Court of Appeal · Oct 31, 1941

Clearly, plaintiff has stated a cause of action and a right of action. A few days before the case was argued here the plaintiff died. … His widow was qualified as administratrix and has been made party plaintiff instead of her deceased husband.

Mitchell v. Popiwchak

677 So. 2d 1050 · Louisiana Court of Appeal · Jun 26, 1996

The evidence does not establish that the waiver in the Act of Sale was brought to the attention or explained to the Mitchells. The Notary did not testify. … 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. Clement v.

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.

Wilson v. Dimitri

138 So. 2d 618 · Louisiana Court of Appeal · Mar 12, 1962

that the very nature of the strong and spontaneous emotions involved herein has provoked, more than usual, conflicting recitations of fact; however, we believe that the evidence adduced in the course of the trial hereof clearly … Given this belief based on reasonable grounds, immunity from liability is not judicially withdrawn because some other reasonable man may have perceived the idea of disabling the assailant instead of shooting him.

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 “

Katherine Winzer v. Bienville Parish School Board and Dr. Byron Lyons, In His Official Capacity as Superintendent of the Bienville Parish School Board

Louisiana Court of Appeal · Dec 3, 2025

Appointee shall be removable from his or her position for such cause in accordance with the procedures established by law. … As such, Winzer was qualified for both positions, and no additional training was necessary.

Rabai v. First Nat. Bank of Gonzales

492 So. 2d 90 · Louisiana Court of Appeal · Jun 24, 1986

A real estate appraiser qualified as an expert, Caleb Mire, testified that the house and lot suffered a 15% diminution in value as a result of its proneness to flood. The house and lot sold for $69,900.00. … Clearly the bank in such a case is not a "manufacturer". Hence, bad faith must be proved. Millspaw, supra .

Amy LeBlanc Goodson and William R. Goodson, Jr. v. City of Zachary and Jelks Construction, LLC

Louisiana Court of Appeal · Dec 10, 2021

They averred that the City was negligent in numerous respects, including: (I) failing to design or construct a bleacher canopy structure free of vice and defect; (2) failing to hire qualified personnel to design … R.S. 9:2795, Louisiana's Recreational Use Immunity Statute, which affords tort immunity for parks owned by public entities, applied so as to immunize it from liability for 3 plaintiffs

Haspel & Davis v. Bd. of Levee Com'rs

680 So. 2d 159 · Louisiana Court of Appeal · Sep 4, 1996

According to the transcript, the trial court concluded that Act 233 did not transfer ownership because there are no words clearly evidencing that 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.

Verrett v. Louisiana World Exposition, Inc.

503 So. 2d 203 · Louisiana Court of Appeal · Feb 12, 1987

The contract between Landis and LWE, which was placed in evidence, clearly shows that Landis was an independent contractor. … A principal is immune from tort suits by the employees of its contractor. Smith v. Cotton's Fleet Service, Inc., 500 So.2d 759 (La., 1987).

Community Chest v. Union Mission Ass'n

30 So. 2d 131 · Louisiana Court of Appeal · Mar 27, 1947

This question has been definitely settled by the jurisprudence of our State, and we find that the principle applicable is clearly set forth in the opinion of the Supreme Court in the case of Layne Bowler Co. v. … intent of a specific agreement, has been granted the supervision, administration and control of a particular institution, and, on the other hand, to contend that it is without right to properly staff such an institution with qualified

Glass v. First United Pentecostal Church

676 So. 2d 724 · Louisiana Court of Appeal · Jun 12, 1996

Nonetheless, Joiner struck a balance favoring the religious organization in recognizing a qualified privilege. at 105. … This argument is clearly not within the jurisdiction of the civil courts of this state.

Kramer v. Petroleum Helicopters, Inc.

999 So. 2d 101 · Louisiana Court of Appeal · Nov 26, 2008

However, these statements merely establish the occurrence of the flash, the sudden movement, and the ultimate crash. … Agarwal was qualified, and the defendants conceded this point. Likewise, the third prong of the test was clearly met as the trial court stated in its reasons for judgment that he had qualified 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.