Case law

Saltzman v. Broussard

736 So. 2d 243 · Louisiana Court of Appeal · Feb 3, 1999

It is clear from the statute that its purpose is to provide the injured victim a *247 route of access directly to the insurance provider when the insured is immune from suit. … The State Farm policy entered into the record clearly shows Marai D. Saltzman as a named insured under the policy. There are no issues of fact to be decided.

Campisi v. Fidelity and Casualty Co. of New York

152 So. 2d 88 · Louisiana Court of Appeal · Jun 5, 1963

In our opinion, the evidence clearly establishes that she was negligent in attempting to walk across the southbound lane of traffic directly in front of the approaching Guidry automobile when it should have been obvious to … Thus, the majority is clearly wrong as a matter of law in holding that, even under these facts, the last clear chance doctrine does not apply.

State v. Williams

439 So. 2d 663 · Louisiana Court of Appeal · Oct 12, 1983

The State did not attempt to qualify any of these witnesses as experts. … The observations of these witnesses are clearly supported by these pictures. In State v.

Bell v. Rogers

698 So. 2d 749 · Louisiana Court of Appeal · Aug 20, 1997

Therefore, we conclude that Bell has not affirmatively established the evidentiary strength of facts material to her claims of defamation arising out of the written report and the May 10, 1994 meeting. … Bell clearly has no personal knowledge about what, if anything, Wood said to Lemoine outside her presence.

Barnes v. Department of Highways

154 So. 2d 255 · Louisiana Court of Appeal · Jun 3, 1963

In this regard the Commission’s finding is clearly supported by the evidence. … Any other view would simply clothe the efficient employee with immunity for any wrongful or immoral act. For the reasons hereinabove assigned, the ruling of the Commission is affirmed. Affirmed.

Claire v. Crescent Construction Co.

97 La.App. 5 Cir. 971 · Louisiana Court of Appeal · Dec 16, 1998

Thus, where there are two ^permissible views of the evidence, the fact finder’s choice between them cannot be manifestly erroneous or clearly wrong. Stobart, supra. … established, by more than a mere preponderance of the evidence, that the section of Highway 90 in question was defective in nature (because of the existence of standing water, lack of appropriate measures to properly drain

Martin v. Travelers Insurance Co.

200 So. 2d 141 · Louisiana Court of Appeal · May 29, 1967

Martin was the best qualified applicant of the group interviewed for the job. … We therefore see a very clear distinction between *147 the Carlino case and the instant case, in that the wages paid in the Carlino case were clearly in lieu of compensation whereas in the instant case they were earned by

United Companies Life v. City of Baton Rouge

577 So. 2d 195 · Louisiana Court of Appeal · Mar 5, 1991

Exemptions from taxation are to be strictly construed against the person claiming the exemption, and they must be clearly and affirmatively established. Bill Roberts, Inc. v. McNamara, 539 So.2d at 1229 . … In order to qualify for the software exemption, plaintiffs had to prove that the software was part of the central or basic operational program of the computer; this they failed to establish clearly and unequivocally.

Succession of Zatarain

138 So. 2d 163 · Louisiana Court of Appeal · Jan 29, 1962

Be that as it may, the rules pertaining to mandate, nevertheless, have been applied to a clearly analogous relationship, namely, that of an executor of an estate. … We wish to make it clearly understood that the agency thusly established is irrevocable in the sense that it may not be cancelled or terminated by the executor or heirs of the testator without the consent of the attorney.

Leonard v. Smith

550 So. 2d 729 · Louisiana Court of Appeal · Aug 23, 1989

Plaintiff nowhere pleads any facts which could establish an attorney-client relationship between him and Smith. In fact, plaintiff clearly stated that he had his own retained counsel. … However, even if we accept plaintiff's conclusion that the words were defamatory, Smith is shielded from liability *733 by a qualified privilege.

Frame v. Yenni

347 So. 2d 309 · Louisiana Court of Appeal · Jun 7, 1977

A provisional appointment of a person deemed qualified by the appointing authority may be made to fill a vacancy in a position for which the civil service board is unable to certify the names of persons eligible for regular … The quoted language of R.S. 33:2494 D clearly establishes the appointing authority has the mandatory duty to make his appointment from the list certified to him.

Deichmann v. Alto Employees' Trust

332 So. 2d 582 · Louisiana Court of Appeal · May 18, 1976

It was established plaintiff has a high earning capacity and will be eligible for a military service pension and owns revenue producing rental property. … In summary the gist of the testimony of the three trustees clearly reflects that a serious in depth consideration of all of the *587 factors involved in plaintiff’s request for payment was not had before its rejection.

Commercial Capital Systems, Inc. v. Paille

333 So. 2d 293 · Louisiana Court of Appeal · May 24, 1976

The evidence preponderates in favor of the conclusion that these slips were located mainly on the top of a large table in the processing room and were clearly not trash, or garbage, such as the janitors were to discard. … In Hendrix, this same clause was before the court and was held subject to a qualified interpretation rather than an absolutely literal one.

James v. Louisiana Citizens Property Insurance Corp.

2013 La.App. 4 Cir. 0075 · Louisiana Court of Appeal · Aug 21, 2013

finding is clearly wrong in light of the record reviewed in its entirety. … that the finding is clearly wrong (manifestly erroneous).

McFall v. Armstrong

10 La.App. 5 Cir. 1041 · Louisiana Court of Appeal · Sep 13, 2011

Thus, if there are two permissible views of the evidence, a fact finder’s choice of them can never be manifestly erroneous or clearly wrong. Id. … Bal-lanco’s training and experience was sufficient to qualify her as an expert clinical social worker with a specialty in domestic violence intervention and prevention.

Mt. Everett African Methodist Episcopal Church v. Carter

96 La.App. 1 Cir. 2591 · Louisiana Court of Appeal · Dec 29, 1997

clearly wrong. … Ory Poret, former Director of State Lands for the State of Louisiana, qualified in reading and interpreting old, handwritten documents. After a careful examination of defendants’ Exhibits 1 and 2, along with Mr.

State v. Williams

889 So. 2d 1093 · Louisiana Court of Appeal · Nov 30, 2004

, except for perjury. [9] The trial court found that Gurganus was immune from prosecution and compelled him to testify. … After Gurganus was given testimonial immunity, he provided unresponsive answers to the prosecutor, when asked questions about his police statement.

Hughes v. Heirs of Cain

268 So. 2d 149 · Louisiana Court of Appeal · Oct 2, 1972

Certain principles have been clearly established by the Supreme Court of this state in connection with the partition of real property by co-owners. In Raceland Bank & Trust Co. v. … The case was competently contested and defended in the trial court to the extent that an expert witness was qualified on the defendants’ behalf and we find no indication that this appeal was instituted for the purposes of

State v. Trahan

543 So. 2d 984 · Louisiana Court of Appeal · Apr 19, 1989

Qualifying the witness to testify as to these matters was not an abuse of discretion. … The testimony of his expert clearly informed the jury of a difference of opinion with the state expert and the reasons therefor.

Myers v. College Manor

587 So. 2d 820 · Louisiana Court of Appeal · Oct 2, 1991

Consequently, the major issue is whether appellants have established manifest error. … Nevertheless, we conclude that the trial judge’s conclusion that the agreement in controversy was entered into as a bilateral error is not one which we may overturn under the manifest error-clearly wrong test. Rosell v.