Case law

Washington v. Onebeacon Am. Ins. Co.

265 So. 3d 8 · Louisiana Court of Appeal · Nov 2, 2018

To reverse the trial court's factual findings, the appellate court must find from the record that no reasonable factual basis exists for the findings and must determine that the record establishes the findings as clearly … While appellants assert that Deputy Comeaux's speed prior to the accident was not established with certainty, the record establishes that Deputy Comeaux was traveling well above the posted speed limit of 55 m.p.h. at the

Mitchell v. Fradella

628 So. 2d 1198 · Louisiana Court of Appeal · Dec 8, 1993

A contract is formed by the consent of the parties established through offer and acceptance; offer and acceptance may be made orally, in writing, or through actions or inactions clearly indicative of consent. C.C. 1927. … If the defendant follows this procedure and the alleged damages exceed $20,000, the defendant has established its right to a trial by jury.

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

Gabriel v. Tamimie

12 La.App. 5 Cir. 584 · Louisiana Court of Appeal · Mar 13, 2013

Elam to testify at the hearing and in finding that plaintiff failed to present a qualified medical expert in support of his claims. … Rather, the record clearly reflects that the trial judge based his decision to grant summary judgment on plaintiffs lack of expert medical testimony or opinion to support his medical malpractice claims.

State v. Battson

828 So. 2d 132 · Louisiana Court of Appeal · Sep 18, 2002

Clearly, therefore, it is reasonable to conclude that his move to Mississippi was not motivated by a desire to avoid his child support obligation. … McCoy clearly stated the effect of loss of employment with a corporate owner, i.e., a person got fired from every company that the employer owned.

Broome v. Gauthier

443 So. 2d 1127 · Louisiana Court of Appeal · Nov 10, 1983

George Hero was qualified as an expert in electrical and mechanical engineering and the causation of fires. Mr. … Because the defendant's experts could not establish how the fire started, they could not establish that the cause was unrelated to the fault of the owner.

Gordon v. POINTE COUPEE HEALTH SERVICE

47 So. 3d 565 · Louisiana Court of Appeal · Aug 11, 2010

No civil action against a qualified health care provider or its insurer may be commenced in any court before the claimant's proposed complaint has been presented to a medical review panel established pursuant to the LMMA. … " and that all other tort liability on the part of the qualified health care provider is governed by general tort law.

Dehart v. Burlington Northern & Santa Fe Railroad

860 So. 2d 248 · Louisiana Court of Appeal · Oct 28, 2003

When the train was in the “hazardous proximity” of between 750 and 900 feet away, it would have been clearly visible. … that the finding is clearly wrong or manifestly erroneous.

Rowsey v. Jones

655 So. 2d 560 · Louisiana Court of Appeal · May 10, 1995

Clearly, the law requires that Rowsey establish a causal connection between Dr. Jones's negligence and Mrs. Rowsey's death; he must prove that she had a "chance of survival," which was lost as a result of Dr. … The evidence established that the "Parkland Procedure" he used was governed by a common nationwide standard. The expert was thus qualified to testify based on his proven knowledge of that procedure.

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.

Brown v. Benjamin

120 So. 2d 325 · Louisiana Court of Appeal · Apr 28, 1960

Snider testified that he established a laboratory in which he administered psychological and “psychophysical” tests for the purpose of qualifying commercial vehicle drivers; that he has another business known as the Safety … Under the factual circumstances prevailing in this case, we think it clearly comes within the exception noted under the long line of authority, beginning with Gaiennie v.

George v. Pigno

97 La.App. 3 Cir. 127 · Louisiana Court of Appeal · Jun 4, 1997

It is well established that an appellate court may only address objections actually raised in the trial court. Horton v. … The record clearly indicates that the hypothesis of De-sormeaux regarding panicked birds was substantiated by actual experience and its possibility was acknowledged by Pesson.

Guidry v. Town of St. Martinville

95 So. 2d 215 · Louisiana Court of Appeal · May 2, 1957

It is apparent that plaintiff cannot qualify under this Article. … It is likewise apparent that the plaintiff in this case cannot qualify under this Act in view of the apparent possession of the defendant herein.

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.

Clark v. Department of Public Safety & Corrections

716 So. 2d 1 · Louisiana Court of Appeal · Feb 20, 1998

On rehearing, the supreme court determined that the discretionary function exception to governmental liability did not apply to immunize DPS for its negligence. DPS had interpreted the authority granted by La. … Givens in 1965 was clearly for the renewal of a license, not the initial issuance of a license. On the application, there are two boxes marked "New" and "Renewal.”

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.

King v. Schuylkill Metals Corp.

581 So. 2d 300 · Louisiana Court of Appeal · May 16, 1991

R.S. 23:1032 B provides an exception to this tort immunity when the employee's injury is the result of an intentional act. … The warning labels on the sides of the conveyor clearly warned of this very danger.

Campbell v. Abraham

152 So. 2d 309 · Louisiana Court of Appeal · Mar 29, 1963

Chapin who qualified as a landscape expert in horticulture and whose firm was employed by the City of Baton Rouge to landscape the lot on which the pumping station was erected. … His purpose in testifying for the defendant was to establish the actual cost of restoring the plaintiff’s property.

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.

Theus v. Schumpert Medical Center

653 So. 2d 178 · Louisiana Court of Appeal · Apr 5, 1995

Based upon the admissible medical evidence, this court found the trial court was clearly wrong in awarding benefits. … Burda and rejecting the medical opinions of the other witnesses, and because the plaintiff had no symptoms of fibromyalgia prior to this accident, we find that the plaintiff has established that she is disabled as a result