Case law

Myers v. Gulf Public Service Corp.

15 La. App. 589 · Louisiana Court of Appeal · Jan 27, 1931

This clearly indicates to our minds that the father and mother each had a right of action for the death of their son. … The amendment simply set forth the status of the plaintiff more clearly. It did not change- it in any way.

Billy A. Browning v. West Calcasieu Cameron Hospital

Louisiana Court of Appeal · Nov 12, 2003

However, “[i]f qualifying evidence is submitted in opposition to a motion for summary judgment which creates a dispute as to a genuine issue of material fact, the motion for summary judgment should be denied.”4 IMMUNITY … Clement,19 this court held that a hospital’s negligence could be inferred when the claimants establish that the hospital’s employees clearly violated the hospital’s written rules, regulations, bylaws, or policies.

Dellinger v. Van Hoorebeek

2010 La.App. 4 Cir. 1759 · Louisiana Court of Appeal · Apr 27, 2011

^Furthermore, “it is not necessary for an agent to establish an express agreement that he should have a pecuniary remuneration for his services. … much of it as is true and qualify or deny the remainder.

State v. Rumley

2014 La.App. 4 Cir. 1077 · Louisiana Court of Appeal · Dec 16, 2015

She subsequently qualified that testimony, saying “not so much the anus.” … In any case, the evidence 'was clearly admissible under La.

Wilks v. Ramsey Auto Brokers, Inc.

132 So. 3d 1009 · Louisiana Court of Appeal · Jan 15, 2014

The testimony presented at trial established that the car began to have coolant problems as soon as it left the lot. … Even if the language waiver requirements were met, the personal assurance of the seller that the car was in good condition qualified the written waiver, rendering its language ambiguous.

J.L., Individually, and Together With R.P., on Behalf of the Minor Child, R.P. v. Charnell Haymond, University Medical Center Management Corporation and Louisiana Children's Medical Center Dba Lcmc Health

Louisiana Court of Appeal · Jul 22, 2025

Haymond’s actions clearly fall under the amended definitions of “health care” and “malpractice.” As a threshold matter, we note that the effective date of the amendments to La. R.S. 40:1231.1 is August 1, 2025. … The allegations of Plaintiffs’ petition and the evidence presented at the exception hearing establish that Ms.

Reichert v. State, Department of Transportation & Development

656 So. 2d 47 · Louisiana Court of Appeal · May 10, 1995

As noted by the court in Harrison , clearly both Highways 33 and 821 qualify as a “road, street or parkway” under 23 U.S.C.A. § 101 (a). … We do not find however, that this testimony serves to rebut the prima facie case established by the state.

Fontan v. Estopinal

529 So. 2d 1330 · Louisiana Court of Appeal · Jul 26, 1988

(2) May two parties contract away legally established rights of a third party who is not privy to that contract? … The affidavits presented by defendant Estopinal clearly refute that as owner he knew or should have known of any defect.

Mays v. American Indem. Co.

365 So. 2d 279 · Louisiana Court of Appeal · Feb 9, 1979

The record does not establish the distance that Thomas was from the Mays procession at the time he made his first observation and slowed his car, but it does establish that he had rought his vehicle under control and slowed … The evidence establishes that Mr.

Deano v. Akkaraju

856 So. 2d 155 · Louisiana Court of Appeal · Oct 1, 2003

In my opinion, the PCF's assertion that the matter has prescribed is clearly not an "issue actually litigated ..." as envisioned by La.R.S. 13:4231(3). … and not qualified, to the same extent that prescription is suspended against the party or parties that are the subject of this request for review.

Richard v. Berrigan

11 So. 3d 1242 · Louisiana Court of Appeal · Jun 12, 2009

Clearly the jury's credibility determinations factored heavily in its decision. … The claims representative was not qualified as an expert.

Arnold v. Stupp Corporation

205 So. 2d 797 · Louisiana Court of Appeal · Mar 8, 1968

These cases are clearly distinguishable from the authorities hereinabove referred to and the agreement entered into between the parties therein clearly evidence an intent to indemnify the indemnitee against the latter's own … No such qualifying language is found in the instant agreement.

Guidry v. Beauregard Electric Cooperative, Inc.

14 La.App. 3 Cir. 1108 · Louisiana Court of Appeal · Apr 8, 2015

BECi contends the trial court erred in qualifying Mr. … We have reviewed BECi’s complaint that the trial court erred in qualifying Mr.

Glenn v. Caire

164 So. 2d 656 · Louisiana Court of Appeal · May 28, 1964

The evidence also establishes, however, that the Bock unit which was installed in Dr. Caire's car caused that particular car to overheat. The evidence further establishes that the engine on Dr. … We think the evidence clearly shows that Dr. Caire returned and tendered the unit to plaintiff after it had been removed from the car and that plaintiff refused to accept it.

Faulkner v. McCarty Corp.

853 So. 2d 24 · Louisiana Court of Appeal · Jun 11, 2003

In the instant case we find that the evidence clearly demonstrates that when the Dock Board leased its warehouses, it gave complete control of those warehouses to the lessee. … R.S. 9:2798.1(B) grants the Dock Board qualified immunity from liability based upon the exercise or performance or the failure to exercise or perform its discretionary acts. Id., 685 So.2d at 588-89 .

Cascio v. Carpet

968 So. 2d 844 · Louisiana Court of Appeal · Oct 24, 2007

Paula Lyles, a manager at Henry Hays, denied the Cascios' claim that she intimated that Marble was not qualified to do the job. … He stated that Marble had installed wood floors for him before the Cascio job and that he was a reputable and qualified installer.

State v. J.B.

94 La.App. 3 Cir. 213 · Louisiana Court of Appeal · Oct 5, 1994

We likewise find no error in not allowing her to be qualified as an expert capable of using handwriting comparisons to identify abused children. There was no showing that she qualified under LSA-C.E. … Moreover, it is well established in the jurisprudence that the due process standard an *406 nounced in Jackson v.

Womack Bros., Inc. v. Equipment Rental Services, Inc.

399 So. 2d 661 · Louisiana Court of Appeal · May 26, 1981

Apparently, defendant relied upon the circumstantial implications of the short time between the repairs and the seizing of the pump in an attempt to establish defective workmanship. … These findings are entitled to great weight on appeal and should not be disturbed unless clearly wrong.

Whitney v. Mallet

442 So. 2d 1361 · Louisiana Court of Appeal · Dec 14, 1983

There apparently were several exchanges of words and the plaintiff decided to leave the establishment. … Every person who, under color of state law, causes another to be deprived of any rights, privileges, or immunities secured by the Constitution and laws, is liable to the party injured in an action at law, suit in equity,

LeBlanc v. City of Donaldsonville

2003 La.App. 1 Cir. 2533 · Louisiana Court of Appeal · Oct 29, 2004

After a trial on the merits the trial court found in favor of both the City of Donaldsonville and Quad Area based on statutory immunity and entered judgment in their favors. The court observed that under La. … C.C.P. art.1972, arguing that the judgment appeared clearly contrary to the law and evidence.