Case law

Cembell Industries, Inc. & the Gray Insurance Company v. Kevin Smith

Louisiana Court of Appeal · Feb 11, 2025

The appropriate standard of review for determining whether the workers’ compensation court erred in awarding benefits is the manifest error or clearly wrong standard. See Jackson v. … Smith failed to prove that his compensation accident and injury resulted in a loss of wage earning capacity to qualify Mr. Smith for SEB payments. The majority cites Coolman v. Glob.

Ingraffia v. Coleman

467 So. 2d 616 · Louisiana Court of Appeal · Apr 10, 1985

In the instant case, the record clearly reveals that plaintiff knew of the existence of termite damage in the house prior to the sale. … Clearly, the defect complained of by plaintiff was, at the very least, partially apparent. Hence, plaintiff waived his right to sue in quanti minoris.

Anne Zoller Kiefer v. Darren Lombard and Arthur Morrell, in His Official Capacity as Clerk of Criminal District Court

Louisiana Court of Appeal · Jul 30, 2021

Lombard qualified for the office of Clerk of Criminal 10 District Court for the Parish of Orleans by executing a Notice of Candidacy 11 Qualifying Form (hereinafter “the form”). … Kiefer also assigns as error that the trial court found that exhibits introduced at trial made no mention of delinquent reports when the documents clearly state otherwise.

Simmons v. Hope Contractors, Inc.

517 So. 2d 333 · Louisiana Court of Appeal · Nov 10, 1987

Defendant, Hope Contractors, contends that the jury's finding is clearly wrong because the record does not establish that Hope Contractors acted in bad faith. Defendant argues that it paid Mr. … We must determine if the awards for maintenance and cure are clearly wrong. We find that plaintiff has not established that he incurred maintenance expenses from December 1, 1982 through December 7, 1982.

State in Interest of HLD v. CDM

563 So. 2d 360 · Louisiana Court of Appeal · May 23, 1990

Morella, qualified as an expert in the field of psychology, clearly established that in his opinion HLD was a sexually abused child, abused by her own mother's boyfriend, later husband, AM, that appellant had knowledge of … Morella and Brennan clearly establish that appellant suffers from a behavioral conduct disorder that renders her unable to provide an adequate permanent home for HLD now or in the reasonably near future.

Massey v. Century Ready Mix Corp.

552 So. 2d 565 · Louisiana Court of Appeal · Nov 1, 1989

However, the Louisiana Supreme Court reversed, finding that the damages the plaintiff incurred clearly arose out of the use of an automobile. … The general contractor was deemed to be immune from tort liability and named the statutory employer of the employee of its subcontractor in Williams v.

Aetna Life & Casualty Co. v. AMI-Electrical & Hoist Service

93 La.App. 3 Cir. 1291 · Louisiana Court of Appeal · May 4, 1994

The trial court was clearly wrong in denying plaintiffs’ motion for Judgment Notwithstanding the Verdict, or in the alternative, a New Trial; 3. The trial court was clearly wrong in accepting Dr. … He also stated that he had been qualified as an expert at least 40 times during his career, including cases involving origins of fires.

State v. Dozier

713 So. 2d 729 · Louisiana Court of Appeal · May 20, 1998

The death certificate clearly indicated that the time of injury was 2:30 a.m. … should be called upon to decide the immunity issue.

Robert v. Turner Specialty Services, L.L.C.

182 So. 3d 1069 · Louisiana Court of Appeal · Nov 18, 2015

On July 28, 2014, Turner filed a motion for summary judgment claiming that the plaintiffs had failed to produce any evidence to establish any liability on its part. … C.E. art. 702 provides: A witness who is qualified as an expert by knowledge, skill, experience, framing, or education may testify in the form of an opinion or otherwise if: (1) The expert’s scientific, technical, or other

Charbonnet v. Braden

358 So. 2d 360 · Louisiana Court of Appeal · Apr 14, 1978

The evidence clearly preponderates that voter error accounts for the recording of a larger number of voters entering the machine than the combined total of votes cast. … In Ward 7, Pct. 6, the totals were Braden 41, Charbonnet 202, machine counter 245. [1] It is relatively insignificant that the new polling place was established in another precinct in violation of the Election Code.

Wilson v. Chart House, Inc.

442 So. 2d 1263 · Louisiana Court of Appeal · Dec 8, 1983

Negligence is established clearly, Dixie Drive It-Yourself System v. American Beverage Co., [ 242 La. 471 ], 137 So.2d 298 . But the demonstrated negligence of Hugh Walter Wilson is equally compelling. … Olin Dart, who was qualified as an expert in the field of traffic engineering, highway safety and accident reconstruction, specifically indicated that the speed of the decedent’s motorcycle had to be no less than 55 miles

In Re Mashburn Marital Trust

924 So. 2d 242 · Louisiana Court of Appeal · Dec 29, 2005

that *246 the fact finder is clearly wrong or manifestly erroneous. … However, the record establishes that the managing co-trustees selected Michael F.

Cannatella v. Cougle

12 La.App. 5 Cir. 610 · Louisiana Court of Appeal · May 16, 2013

Cou-gle’s liability was established; (2) Dr. … Causation for, and damages above $100,000 are issues which, pursuant to clearly established law, were simply not before the trial court in the summary judgment proceeding at issue.

Brown v. Hertz Corp.

246 So. 2d 32 · Louisiana Court of Appeal · Mar 8, 1971

Having satisfied the other requirements of the compensation statute, which are not an issue before us, the plaintiff, in order to qualify for compensation benefits, must now establish that his injuries resulted from an accident … The presence of the janitor’s damaged tire near his body, the following day, clearly establishes the fact that an attempt had been made to repair it, and the evidence reflects that the plaintiff was the only person engaged

Chenault v. C & H ENTERPRISES, LTD.

514 So. 2d 535 · Louisiana Court of Appeal · Sep 18, 1987

This burden was on the plaintiff, a party whose credibility *540 was completely destroyed by the testimony of the forensic document examiner which clearly established that plaintiff had in fact signed the note. … The finding by the trial court to the contrary was clearly wrong.

Stipp v. MetLife Auto & Home Insurance Agency, Inc.

2017 La.App. 5 Cir. 61 · Louisiana Court of Appeal · Aug 30, 2017

Sterling clearly has extensive experience in automotive maintenance and repair, as well as claims dealing with insurance companies, and we find that he was qualified to testify as an expert in those fields. Mr. … The record does not establish what a reasonable time would have been for these repairs under the circumstances presented in this case.

Basco v. Avoyelles Parish School Board

93 La.App. 3 Cir. 1605 · Louisiana Court of Appeal · Jun 1, 1994

SUPPLEMENTAL EARNINGS BENEFITS To qualify for Supplemental Earnings Benefits, a claimant must prove by a preponderance of the evidence that a work related injury resulted in his inability to earn wages equal to 90% or more … Likewise, the finding that the efforts of the School | sB oar d and LIGA to establish the availability of jobs in the geographic area were inadequate is reasonable and supported by the record.

Bezue v. HARTFORD ACC. & INDEM. CO., HARTFORD, CONN.

224 So. 2d 76 · Louisiana Court of Appeal · May 26, 1969

clearly that the damage to the vehicle was indeed caused by a fire. … The only direct testimony on this point was that of Joe Currier, the owner of the Tip-Top Body Shop in Amite, who, after being qualified as an expert in the repair of automobiles, testified that he examined the vehicle and

State ex rel. C.D.

971 So. 2d 496 · Louisiana Court of Appeal · Dec 5, 2007

The statute clearly differentiates between hospital records and those of other health care providers. … Defendant contends certificates of scientific analysis are testimonial scientific testimony which are not immune to the Crawford analysis.

Jones v. Allstate Ins. Co.

619 So. 2d 111 · Louisiana Court of Appeal · May 28, 1993

Davis so as to qualify as an insured pursuant to the terms of a policy issued to the insured Charles C. Davis by the defendant Allstate Insurance Company. … Because the mover has the burden of establishing that no material factual issue exists, inferences to be drawn from the underlying facts contained in the materials before the court must be viewed in the light most favorable