Case law

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.

Terrell v. Terrell

151 So. 661 · Louisiana Court of Appeal · Jan 3, 1934

Terrell, qualified as administrator of his son’s succession December 12, 1932, as shown in probate proceedings No. 3862, this court. … The evidence which the court states it considered, although not admissible, to our mind clearly establishes the fact that, at the time.of the death of plaintiff’s husband, she was in necessitous circumstances, and in fact

State ex rel. Rogers v. Louisiana State Board of Optometry Examiners

103 So. 2d 512 · Louisiana Court of Appeal · May 26, 1958

The purpose of the testimony of this witness was intended to establish the necessity for the adoption of the resolution in question, and Dr. … of unethical practices, specifically the advertising of business enterprises allegedly practicing optometry and the lending of the name of licensed practitioners to other persons representing themselves to the public as qualified

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.

Kathleen Welch and Carroll Dewayne Welch Versus United Medical Healthwest-New Orleans, L.L.C. and United Medical Healthcare Inc.

Louisiana Court of Appeal · Jun 13, 2024

Welch’s treating physicians; however, the PCF notified plaintiffs that United Medical was not a qualified healthcare provider. … Plaintiffs also argue that the broad immunity that La.

J. Manoco, Inc. v. State, Louisiana Gaming Control Board

98 La.App. 1 Cir. 1412 · Louisiana Court of Appeal · Dec 28, 1999

Lucky's was no longer a qualified truck stop as defined in La. R.S. 27:306 A, is subject to the manifest error/clearly wrong standard. See Carver, Inc. v. … However, the record clearly establishes that counsel for Mr. Lucky's was in attendance and participated in the appeal before the Board. Mr.

Murray v. Department of Police

97 La.App. 4 Cir. 2650 · Louisiana Court of Appeal · May 27, 1998

Acknowledging the appointing authority's burden of proof as a preponderance of the evidence, the court reiterated, "Although the facts must be clearly established, they need not be established beyond a reasonable doubt as … Clearly, Blappert does not so hold. Indeed, the Blappert court noted that a qualified representative of MMU could have testified in place of the unavailable collector.

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.

Bailey v. Veolia Envtl. Servs.

237 So. 3d 525 · Louisiana Court of Appeal · Jan 31, 2018

If we find that the WCJ was clearly wrong in her determination that the employee failed to establish untimely payment of prescription medication, we must determine whether the WCJ erred in her denial of penalties and attorney … We agree with Veolia that an employer's voluntary payment does not qualify as an admission of liability. Under La.R.S. 23:1203(A), the employer must provide necessary medical treatment.

State v. Mead

16 So. 3d 470 · Louisiana Court of Appeal · Jul 1, 2009

Jurisprudence indicates that the trial court must be clearly and firmly convinced that the mandatory life sentence is excessive. … R.S. 15:308 are only available to qualified persons once their convictions and sentences are final, and the statute only allows a qualified person to seek relief with the Risk Review Panel, not with the judiciary.

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 ..."

Williams v. Champion Ins. Co.

590 So. 2d 736 · Louisiana Court of Appeal · Nov 13, 1991

The association shall perform its functions under a plan of operation established and approved under R.S. 22:1383 and shall exercise its powers *740 through a board of directors established under R.S. 22:1381." … Also, under La.R.S. 22:1391, LIGA has immunity for any action taken by it regarding its powers and duties.

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.

Premiere Casing Services, Inc. v. Varco International, Inc.

492 So. 2d 235 · Louisiana Court of Appeal · Jul 21, 1986

Anderson, who qualified as an expert in the field of metallurgy. … “Because the burden is on the plaintiff initially to establish a prima facie case, the failure to establish such a case defeats his cause of action.

Louisiana State Board of Optometry Examiners v. Pearle Optical of Alexandria, Inc.

177 So. 2d 164 · Louisiana Court of Appeal · Jul 1, 1965

That new corporation, of course, is one of the defendants in this suit, and, as we have already pointed out, it clearly is an alter ego of Pearle Optical, Inc. … We believe that such an advertisement not only relates to price, but that it also constitutes “bait advertising,” in that such an offer clearly is made and published to induce the public to patronize that establishment solely

Yen v. Avoyelles Parish Police Jury

7 La.App. 3 Cir. 225 · Louisiana Court of Appeal · Dec 5, 2007

This statute has been described as a tripartite prescription provision: A straightforward reading of this statute clearly demonstrates the statute sets forth two prescriptive limits within which to bring a medical malpractice … provides that "[a]ll malpractice claims against the state, its agencies, or other persons covered by this Part, other than claims wherein the patients are prisoners . . . shall be reviewed by a state medical review panel established

State v. Morgan

34 So. 3d 1127 · Louisiana Court of Appeal · Apr 14, 2010

The state clearly established that the three victims were over the age of 65 on the night of the sexual assaults. J.C. stated in her own testimony that sexual acts were perpetrated upon her without her consent. … From the defendant’s location by the tree, one could see clearly into the house, and specifically, could clearly see the resident.

LeBlanc v. Barry

771 So. 2d 696 · Louisiana Court of Appeal · Aug 30, 2000

This fund is established and regulated as a special fund for the benefit of successful malpractice claimants. … The statute and jurisprudence clearly contemplate that the PCF has an interest in the appellate process. See R.S. 40:1299.44(C)(6).

Clifton v. LOUISIANA FARM BUREAU CAS. INS. CO.

510 So. 2d 759 · Louisiana Court of Appeal · Jun 23, 1987

Farm Bureau contends the trial court was clearly wrong in holding that it failed to prove the arson defense. … Three witnesses qualified as experts in the field of the origin and causation of fires also testified that the fire was intentionally set.

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.