Case law

Jones v. Robertson

429 So. 2d 510 · Louisiana Court of Appeal · Mar 9, 1983

The trial court ruled that the May 1, 1981 document met the requirements of an olographic will and qualified as an enforceable codicil, revoking the statutory will bequest to Matthew and Marvin Jones, thereby allowing them … For a document to be given testamentary effect, it must be clearly established that it is a disposition of last will and has testamentary character.

Abram v. Epec Oil Co.

936 So. 2d 209 · Louisiana Court of Appeal · Jun 28, 2006

R.S. 23:1032 was to extend to the executive officers of an employer the immunity already enjoyed by the employer under the section. … We find nothing manifestly erroneous or clearly wrong in this finding.

Kingsman Enterprises, Inc. v. Bakerfield Elec. Co., Inc.

339 So. 2d 1280 · Louisiana Court of Appeal · Nov 15, 1976

However, it should be kept in mind that in Louisiana the concept of the separation of the corporate entity from its shareholders is the general rule and is firmly established. … So long as the corporate existence is maintained, immunity from liability of even a sole stockholder is the same as if there are many stockholders.

State v. White

535 So. 2d 929 · Louisiana Court of Appeal · Sep 21, 1988

She has also been qualified as an expert before. In State v. Abram, supra , this court found Ms. … Armstrong's qualifications adequate to qualify her as an expert in the detection and identification of Pentazocine, and we find no abuse of discretion in the trial judge's finding that she is also qualified to detect and

Hattiesburg Manufacturing Co. v. Pepe

140 So. 2d 449 · Louisiana Court of Appeal · Apr 9, 1962

It is too well established to require citation of authority in support thereof that a State cannot require a foreign corporation to qualify to do business within its boundaries if the business of the corporation is limited … The instant case is clearly distinguishable from the Lilly case, supra, in that plaintiff herein sells directly to its customers whether they be contractor or individual owner and does so by means of orders taken by its salesmen

LeBlanc v. Baxter

905 So. 2d 415 · Louisiana Court of Appeal · May 31, 2005

Other courts have qualified the witness, who is by experience and education well qualified to testify as an expert in accident reconstruction. … On appellate review, the court's function is to determine whether the findings of the trier-of-fact were clearly wrong or manifestly erroneous. Himel v. State ex rel.

State v. Aitch

465 So. 2d 27 · Louisiana Court of Appeal · Dec 28, 1984

She had been qualified as an expert in the field of criminalistics in four judicial districts. … He also argues that his flight from the uniformed officers was improperly considered by the trial court to establish an inference of guilt.

Jeansonne v. Jeansonne

171 So. 497 · Louisiana Court of Appeal · Jan 5, 1937

On the contrary, one of the above-quoted allegations clearly reveals that the signers were fully cognizant of the import of their act and they intended to and did adopt that form of instrument for a particular purpose. … Plaintiff has no present interest in the estate of his mother, who is alive, and plaintiff’s suit is therefore premature.” *501 Accordingly, the donation to defendant is immune from attack by such children at this time.

Trentecosta v. Beck

677 So. 2d 1013 · Louisiana Court of Appeal · May 1, 1996

The qualified privilege was obviously meant to apply in instances of two law enforcement officers working on a case. … They are clearly after the fact.

Parker v. Harper

803 So. 2d 76 · Louisiana Court of Appeal · Oct 31, 2001

A presumption of proper consent may be rebutted if the plaintiff establishes certain factors. … "Some" expert testimony is necessary to establish this aspect of materiality because only a physician or other qualified expert is capable of judging what risk exists and the likelihood of occurrence.

Roger v. Otterstater

498 So. 2d 1093 · Louisiana Court of Appeal · Dec 10, 1986

The manual provides no concrete standards for the establishment of school zones. … The department is uniquely qualified to survey the traffic situation, weigh the options and decide to reject certain of those options.

State v. Bailey

452 So. 2d 756 · Louisiana Court of Appeal · Jun 6, 1984

However, the court in Dotson, supra, clearly held that such allegations are not sufficient to warrant the disclosure of the name of a confidential informant. … Such testimony is clearly allowed under State v. Montana, supra. Therefore, this portion of defendants' argument under assignment of error No. 6 is without merit if considered absent a contemporaneous objection.

Robert Bailey v. State of Louisiana, Department of Culture, Recreation and Tourism

Louisiana Court of Appeal · Nov 4, 2021

Thus, the initial question before this Court, in reviewing the summary judgment, is whether the State established that it was entitled to immunity under the recreational use immunity statutes. … Once a defendant establishes that it was entitled to immunity under LSA- R. S. 9: 2795, the burden of establishing a malicious or willful failure to warn of a dangerous condition shifts to the plaintiff.

Budget Finance of Baton Rouge, Inc. v. Lewis

451 So. 2d 1300 · Louisiana Court of Appeal · Jun 26, 1984

Lewis opposed the motion for summary judgment and reurged his exception of no right of action, contending that the affidavits submitted by plaintiff established that Budget Finance was not the holder of the three notes sued … The affidavits provide, in pertinent part: “BEFORE ME, the undersigned Notary Public, duly commissioned and qualified in and for the Parish and State aforesaid, personally came and appeared H.R.

Van Buren v. Minor

247 So. 3d 1040 · Louisiana Court of Appeal · Apr 11, 2018

Therefore, the jury finding is not manifestly erroneous or clearly wrong and this court cannot reverse. … C.E. art. 702 provides in part: A witness who is qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an opinion[.] La.

Frensley v. Gravity Drainage District No. 5

180 So. 2d 743 · Louisiana Court of Appeal · Nov 30, 1965

This criteria of balancing the utility of the hazard against the foreseeable harm to children, although not stressed in the Saxton case, is now well established in the law of attractive nuisance. In Holland v. … We think clearly this argument does not affect the outcome of this suit.

Wall v. Democratic Representative District Committee for District 15

317 So. 2d 308 · Louisiana Court of Appeal · Aug 28, 1975

The objection . shall be in writing and by petition and shall contain, in detail, the reasons for the objection . . . ’ “It was established that the plaintiff is a qualified elector and also has filed his application to become … convinced that both of them were aware of their acts in affixing their signatures to the form of the appraisal and since the document which they signed recited that it was “Sworn to” before the deputy sheriff, we think they clearly

Naquin v. DEPT. OF TRANSP. AND DEV. OF STATE

604 So. 2d 62 · Louisiana Court of Appeal · Jun 2, 1992

The trial judge gave written reasons for judgment, which read, in pertinent part: The fact of plaintiffs' leasehold interest was well established. … Sagrera has qualified as an expert in the field of agronomy (State Exhibit # 2) whereas Dr. Wegenhoft qualified in the field of agricultural economics (Plaintiffs' Exhibit 7.11). Based upon the testimony of both, Dr.

ASSOC. FOR RET. CITIZENS/OUACHITA v. Wilson

981 So. 2d 246 · Louisiana Court of Appeal · Apr 30, 2008

ARCO cannot establish that it is entitled to the relief sought, and its arguments regarding standing cannot overcome the lack of a remedy for injunctive relief provided in the statute. La. … Therefore, we find that the trial court clearly abused its discretion in granting the preliminary injunction.

Succession of Griffin

398 So. 2d 1179 · Louisiana Court of Appeal · Apr 27, 1981

Following the death of Richard Allen Griffin, Sr., his widow, Eva Bowles Griffin, probated his last will and testament and qualified as executrix of his estate. … The provisions of this article clearly empowered the decedent and his wife to place in their agreement the following provision: “4.