Case law

Jones v. Henry

533 So. 2d 1279 · Louisiana Court of Appeal · Nov 9, 1988

twenty-five motor vehicles are registered or who owns property in Louisiana assessed in his name having a value of fifteen thousand dollars or more after deducting any encumbrances thereon from its assessed valuation may qualify … On the contrary, the insureds accepted uninsured motorist coverage at bargained for limits as established by their contract with Hartford. For the foregoing reasons, the judgment is affirmed.

Knippers v. Lambard

620 So. 2d 1368 · Louisiana Court of Appeal · Jun 23, 1993

Our review of the record reveals that the plaintiff did not establish her claim that she was unaware of her damage until August, 1988. … Brookshire Grocery Company d/b/a Super One, 618 So.2d 587 (La.App. 2d Cir.1993), which is clearly distinguishable from the facts of the instant case.

Chiel Kimble v. Curahealth New Orleans LLC

Louisiana Court of Appeal · Dec 1, 2021

The trial court did not err by finding that the medical expert established the standard of care. Further, the trial court’s finding that plaintiff established a prima facie case was not manifestly erroneous. … Songy established the standard of care and that Mr. Kimble produced evidence sufficient to establish that he would likely prevail at a trial on the merits.

Fort Miro Subdivision Partnership D/B/A Fort Miro v. Cary Gix

Louisiana Court of Appeal · Apr 14, 2021

of the rent at a qualifying housing facility. … STANDARD OF REVIEW The standard of review for a judgment of eviction is clearly wrong/manifestly erroneous. Housing Authority of New Orleans v. Haynes, 14-1349 (La.

Succession of Goode

395 So. 2d 875 · Louisiana Court of Appeal · Feb 16, 1981

After qualifying as coexecutor, Goode, Sr., withdrew from that position and filed a petition seeking to annul the probated testament. … Establishment of such successive usufructs is authorized by La. C.C. Art. 546, and C.C.

Bryant v. Giani Inv. Co.

626 So. 2d 390 · Louisiana Court of Appeal · Oct 14, 1993

We are convinced that it is not the legislative intent that an argument such as that in the present case would qualify as an "extraordinary stress." … It is a subject of some debate as to whether even the facts in the Sparks case, which included threats of violence would qualify as an "extraordinary stress." Compare 13 W.S. Malone & H.A.

Chase v. Dunbar

185 So. 2d 563 · Louisiana Court of Appeal · Apr 4, 1966

Assuming, as argued by defendant, plaintiff initially assisted Dunbar in pouring gasoline into the carburetor of the stalled automobile, the record clearly establishes that at the time of the accident plaintiff was totally … Nor is it shown whether or not they were qualified auto mechanics. Dunbar's testimony is to the effect he assumed the individuals were competent mechanics who knew their trade.

Peck v. Procter & Gamble Mfg. Co.

586 So. 2d 714 · Louisiana Court of Appeal · Oct 2, 1991

It is sufficient that plaintiff establish the cause of his disability by a reasonable probability. Laurendine v. Fischbach & Moore, Inc., 398 So.2d 1220 (La.App. 4th Cir.1981). … NOTES [1] We note that to qualify for supplemental earnings benefits under LSA-R.S. 23:1221(3) a plaintiff must prove by a preponderance of the evidence that a work-related injury resulted in his inability to earn wages equal

In Re Succession of Haydel

2000 La.App. 1 Cir. 0085 · Louisiana Court of Appeal · Feb 16, 2001

It is undisputed that Lieux made such an election on the estate tax return with respect to the QTIP Trust established in this case. … Accordingly, the estate obtained a marital deduction equal to the value of the property placed in the QTIP Trust by virtue of the trust document establishing Loretta with a qualifying income interest for life in that trust

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.

Bolton v. Willis-Knighton Medical Center

116 So. 3d 76 · Louisiana Court of Appeal · Apr 24, 2013

to establish the standard 17of care as to WK. … that the factfin-der is clearly wrong or manifestly erroneous.

Tusson v. Mason

479 So. 2d 25 · Louisiana Court of Appeal · Nov 14, 1985

Co., 396 So.2d 578 (La.App. 3rd Cir.1981), that: “to qualify under the declaration against interest exception to the hearsay rule, a statement must have been made by a person not available.” … “Questions of fact are generally left to the jury and the findings should not be disturbed unless they are clearly wrong.” Arceneaux v. Domingue, 365 So.2d 1330 (La.1978).

Campbell v. New Orleans Saints

12 La.App. 5 Cir. 886 · Louisiana Court of Appeal · May 16, 2013

Evidence presented at the hearing before the Office of Workers’ Compensation (OWC) judge established that Mr. Campbell did volunteer coaching work for several months after his injury. … Before addressing these issues, we first note that under the CBA, the Saints qualified for the 25 weeks of credit against compensation which might have been owed. Since Mr.

State v. Jenkins

949 So. 2d 563 · Louisiana Court of Appeal · Jan 24, 2007

The six rocks on the night stand are clearly imputable to Jenkins. Less obvious is our conclusion that Jenkins had ample access to the firearm. … The record is bereft of any meaningful information about the crime situation at the Windsor Inn and in the area around the establishment.

Young v. Logue

660 So. 2d 32 · Louisiana Court of Appeal · May 16, 1995

Although this evidence is somewhat contradictory, we conclude that the contradictions are not so evident as to establish definitively that the jury's conclusion that Young used a Bullard product is either clearly wrong or … Both Clemco and Bullard argue that the trial court erred in qualifying Dr.

State v. Hampton

2013 La.App. 4 Cir. 0580 · Louisiana Court of Appeal · Feb 19, 2014

She is generally qualified as an expert in child abuse pediatrics and has never been denied qualification as an expert witness. … Jackson’s testimony in response to the questions from the prosecutor, we conclude that she did not deviate from the limits established by Foret .

Bourgere v. Anzelmo

517 So. 2d 1121 · Louisiana Court of Appeal · Dec 8, 1987

Section 2 presents a somewhat closer question, for, unlike § 1, it appears to establish a procedure for hiring and firing. … Inasmuch as we consider injunctive relief clearly proper under the rationales of Lentini v. City of Kenner, 252 La. 413 , 211 So.2d 311 (La.1968) and Caddo Parish School Bd. v.

Bergeron v. Main Iron Works, Inc.

563 So. 2d 954 · Louisiana Court of Appeal · May 30, 1990

The cases establish that the mere fact that a dangerous condition is open and obvious to the ship repairer or stevedore will not automatically immunize the shipowner from liability for injuries sustained as a result of encountering … The jury was manifestly erroneous-clearly wrong in finding otherwise. For the foregoing reasons, I respectfully concur.

Turner v. City of Shreveport

437 So. 2d 961 · Louisiana Court of Appeal · Aug 15, 1983

The central issue presented on this appeal requires an interpretation of that clause of La.R.S. 33:1992 which directs municipalities above a specified population level to grant fire department employees qualified thereunder … An affirmative answer was given, as clearly required by the 1968 amendment to Section 1992. Defendants here do not dispute this.

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.