Case law

State v. Collins

470 So. 2d 553 · Louisiana Court of Appeal · May 29, 1985

At trial, it was established that defendant had a tatooed cross on his forehead and a gold tooth. … Clearly, the trial judge observed the sentencing guidelines of LSA-C. Cr.P. art. 894.1.

Durand v. Horace Mann Life Insurance Co.

543 So. 2d 579 · Louisiana Court of Appeal · Apr 27, 1989

Reibert, the only other occupant of the plane, was not officially qualified to fly these aircraft. … But the record also fails to establish by a preponderance of the evidence that the exclusion provision otherwise applies.

Ohman v. Ohman

422 So. 2d 264 · Louisiana Court of Appeal · Nov 2, 1982

We find the appropriate standard of appellate review in custody matters to be clearly stated in Bordelon : This court has clearly stated that in child custody cases, the procedure for appellate review is to give great weight … The witness was qualified and accepted by the trial court as an expert.

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.

In re the Tutorship of Sanches

619 So. 2d 799 · Louisiana Court of Appeal · May 28, 1993

Tutorship by nature takes place of right, but the natural tutor must qualify for the office as provided by law. … However, the statute clearly gives the trial court discretion to determine whether a separate tutor over the property is necessary or in the best interests of the child.

Skillman v. Harvey

898 So. 2d 431 · Louisiana Court of Appeal · Dec 30, 2004

We also find that the trial court was clearly wrong in finding possession by the Harveys of either ten or thirty years. … The evidence clearly shows that it was the Skillmans' tenants who maintained the fence in question.

Buggage v. Volks Constructors

2005 La.App. 1 Cir. 2002 · Louisiana Court of Appeal · Sep 20, 2006

In order to assist the employer in meeting its statutory burden of establishing that it “knowingly” hired a worker with a preexisting permanent partial disability so as to qualify for reimbursement from the Second Injury … Specifically, the OWC judge found that the evidence presented established that Mr.

Sunset Insurance Co. v. Gomila

834 So. 2d 654 · Louisiana Court of Appeal · Dec 30, 2002

Expert testimony is admissible in legal malpractice cases to establish the standard of care exercised by attorneys in the locality. … This court may not overturn a factual finding by a jury absent a showing of manifest error or unless a particular finding of fact was clearly wrong. LeJeune v.

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

Rodriguez v. Julius

694 So. 2d 418 · Louisiana Court of Appeal · Mar 25, 1997

ISSUE THREE Next, the appellants argue that the jury was clearly wrong in finding Allstate properly handled this claim. Again, we disagree. … Rodriguez's employer establishing his lost wages. On August 24, 1994, Mr. Minor contacted Mr.

Hobbs v. Rhodes

667 So. 2d 1112 · Louisiana Court of Appeal · Nov 30, 1995

In the case before us, it has been established that employees are, in fact, covered under the general liability section of the policy. It is also clear that Mr. … This tenet that UM coverage attaches to the person, not the vehicle, is well established in Louisiana. In Elledge v.

Crockerham v. La. Med. Mut. Ins. Co.

255 So. 3d 604 · Louisiana Court of Appeal · Jun 21, 2018

Dickerson clearly testified that he did not do so. The hypothetical question posed by Woman's Hospital asked Dr. Wheeler to assume that Dr. Dickerson met the qualifications. Dr. … Wheeler was not qualified to testify regarding the procedure because he had never performed the procedure and had never been credentialed in a robotic procedure.

Interdiction of Von Schneidau

560 So. 2d 942 · Louisiana Court of Appeal · Apr 10, 1990

Clearly, this constituted error. The physician-patient privilege as set forth in LSA-R.S. 13:3734 does not apply to court-appointed experts. Because the testimony of Dr. … The record also revealed that Pateeek earned *947 real estate commissions on various property transactions, including a lease to • an off-tract betting establishment.

Mercer v. Fruehauf Corp.

492 So. 2d 538 · Louisiana Court of Appeal · Jul 23, 1986

ASSIGNMENT OF ERROR NO. 2 The trial judge erred in his refusal to qualify one of defendant's witnesses to testify as an expert. … Mercer's testimony established that after her husband's accident and before his surgery, Mr. Mercer required her assistance in almost every aspect of his daily life. Indeed, Mr.

Fred Jones v. Judy S. Boudreaux

Louisiana Court of Appeal · Feb 15, 2023

The record clearly establishes that this accident occurred at a different intersection than the intersection feeding the float staging area. … As we have found and stated herein above, the evidence clearly establishes that the motor vehicle accident which injured Plaintiff was caused solely by Boudreaux’s negligence, and thus without any duty or negligence by

Craft v. Ports Am. Gulfport, Inc.

273 So. 3d 517 · Louisiana Court of Appeal · May 8, 2019

Moreover, before a Court of Appeal can disturb an award made by a [factfinder,] the record must clearly reveal that the trier of fact abused its discretion in making its award. … In Louisiana, it is a well-established rule that, "[b]efore a Court of Appeal can disturb an award made by a [fact finder], the record must clearly reveal that the trier of fact abused its discretion in making its award.

Cherrington v. Gardner

541 So. 2d 410 · Louisiana Court of Appeal · Mar 30, 1989

DECREED that the provisions of this Judgment with respect to Adam Richard Gardner shall be applicable to Christopher John Gardner as long as Carmen Ann Cherrington fully cooperates with sending Christopher John Gardner to a qualified … The language in the Consent Judgment does not clearly show the parties' intention to settle the dispute which was on appeal.

Matthews v. MacK

978 So. 2d 1258 · Louisiana Court of Appeal · Mar 26, 2008

all persons causing or contributing to the injury, death, or loss shall be determined, regardless of whether the person is a party to the action or a nonparty, and regardless of the person's insolvency, ability to pay, immunity … Clearly, the trial court properly applied comparative fault principles to this matter, as both Ms. Mack and Ms.

Beaumont v. Exxon Corp.

868 So. 2d 976 · Louisiana Court of Appeal · Mar 10, 2004

First we must determine if there exists a reasonable factual basis in the record for the jury's finding and, secondly, whether the record establishes that the jury's finding is not clearly wrong. Walden v. … word `substantial' thus clearly precludes impairments that interfere in only a minor way ..."

McDaniels v. Miller

136 So. 2d 763 · Louisiana Court of Appeal · Dec 18, 1961

In reconvention defendant alternatively prayed that the court establish the boundary between the litigants after a survey by a qualified surveyor appointed by the court. … From the record before us it clearly appears the procedure followed by Tycer failed to comply with the clear and express provisions of our Revised Civil Code regulating the establishment of boundaries.