Case law

Franatovich v. St. Bernard Parish Government

2011 La.App. 4 Cir. 1128 · Louisiana Court of Appeal · Mar 21, 2012

The district court clearly erred in finding Darryl Franatovich only 10% at fault, where the evidence established that he drove into an open and obvious roadside ditch in broad daylight when he voluntarily left the roadway … Co., 2002-1138 (La.5/20/03), 851 So.2d 959 , explained that the immunity from liability established in La.

Smith v. Continental Casualty Co.

98 La.App. 1 Cir. 2896 · Louisiana Court of Appeal · Feb 18, 2000

He found Brad was clearly in the course of his employment, Ras he was on the job and working as an inspector at the time he was killed. … First, she argues the evidence submitted by DOTD was insufficient to establish this element, as DOTD did not establish exactly what Brad was doing at the time he was killed.

Thomas v. Schwegmann Giant Supermarket

561 So. 2d 992 · Louisiana Court of Appeal · May 15, 1990

Is Schwegmann Immune from Liability for the Detention? … Glue is clearly not listed as one of the contents. Furthermore, the labeling on the package face *996 clearly indicates in three prominent locations that the nails are applied with "stick-on" tape, not glue.

State v. Culpepper

434 So. 2d 76 · Louisiana Court of Appeal · Dec 2, 1982

The formulation of psuedomemories during a hypnotic session may cause a witness to become resistent to cross-examination and immune to effective impeachment thus denying the accused his right to confrontation, an error of … Although hypnosis is a valuable medical technique having scientific approval by physicians and psychiatrists, its value in the courtroom has not been so clearly established as to outweigh the potential for abuse or misuse

Everett v. Rubicon, Inc.

938 So. 2d 1032 · Louisiana Court of Appeal · Jun 14, 2006

(Rubicon), finding that Rubicon was Everett's statutory employer and immune from tort liability. We affirm. … that the 1997 amendments to LSA-R.S. 23:1061 mandated a more liberal interpretation of the statutory employer relationship, the court's inquiry shifted to whether or not construction of a new building or facility would qualify

State v. Tassin

11 La.App. 5 Cir. 1144 · Louisiana Court of Appeal · Dec 19, 2013

Singer acknowledged the lack of evidence to establish that defendant bled while in contact with Mr. Stagner. … exercise of its immunity power.

Bonnette v. State

972 So. 2d 340 · Louisiana Court of Appeal · Nov 14, 2007

Neither the state, a state agency, nor a political subdivision should be immune from suit and liability in contract or for injury to person or property. The plaintiffs' EMTALA claim clearly sounds in tort. … Thus, the State has waived its immunity.

Miller v. Acadian Ambulance Serv., Inc.

248 So. 3d 469 · Louisiana Court of Appeal · May 23, 2018

Thus, "[t] he time limitation established by La. … By enacting La.R.S. 40:1133.13, "the Legislature granted EMTs a qualified immunity *478 for liability from ordinary negligence claims; this immunity does not cover intentional or grossly negligent acts or omissions."

Gauthier v. O'BRIEN

606 So. 2d 915 · Louisiana Court of Appeal · Dec 21, 1992

At issue is the effect of the 1987 amendment to LSA-C.C. art. 2324, which establishes the scope of solidary liability in tort cases. … Clearly, this covers all immune persons, including employers who are immune by statute.

Trey Brooks, Tristan Brooks and Alandre' Brooks Individually and on Behalf of Donovan Brooks v. Bienville Parish Police Jury, Bienville Parish Sheriff, John E. Ballance, Charlotte Hubbard, Shawn Hubbard, City of Ringgold and Gerald Miller

Louisiana Court of Appeal · Oct 1, 2025

The Gray court ultimately determined that the BPPJ had immunity under La. R.S. 9:2798.1 and obligated to establish a shelter or service for sheltering vicious animals. La. … R.S. 3:2774, which clearly mandates that the parish “shall provide” suitable shelters or facilities “for dogs seized.”

Rivera v. Bolden's Transportation Service, Inc.

2011 La.App. 1 Cir. 1669 · Louisiana Court of Appeal · Jun 28, 2012

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 Act. … The burden is on the defendant to prove prematurity and initial immunity from suit as a qualified health care provider under the Act. Id.

Ebarb v. Guinn Bros. Inc.

691 So. 2d 228 · Louisiana Court of Appeal · Apr 2, 1997

established. … Because there remains a material issue of fact as to whether the nature of this property qualifies it for immunity under the recreational use statutes, summary judgment is *234 not appropriate. O'Quinn v.

Revolta v. Regional Transit Authority

607 So. 2d 963 · Louisiana Court of Appeal · Oct 29, 1992

The statute establishing the Regional Transit Authority, LSA-R.S. 48:1654, states in pertinent part; A. … In 1960 the legislature waived governmental tort immunity and liability. Mr.

Ruffin v. Poland Enterprises, LLC

946 So. 2d 695 · Louisiana Court of Appeal · Dec 13, 2006

The benefit to the employer is that once coverage is established, the employer enjoys immunity from most tort liability, including claims based on negligence. … Once coverage under the Act is established, an employer is guaranteed immunity from tort litigation, but the employee is not guaranteed relief. The issue of causation then determines whether relief is actually granted.

Mercer v. Lowe

217 So. 3d 1235 · Louisiana Court of Appeal · Apr 5, 2017

exists; or (2) To acts or omissions which constitute criminal, fraudulent, malicious, intentional, willful, outrageous, reckless, or flagrant misconduct. | fiThus, although BPSO and its employees may be entitled to the qualified … immunity set forth in La.

Ginn v. Woman's Hospital Foundation, Inc.

818 So. 2d 983 · Louisiana Court of Appeal · May 10, 2002

The Board is clearly an interested party entitled to intervene and appeal under the intervention statutes, and, in fact, has the duty to defend the Fund under La. R.S. 40:1299.44(A)(5)(b), La. … The burden is on a defendant to prove prematurity and initial immunity from suit as a qualified health care provider under the Act. Dunn , 96-1765 at p. 6, 701 So.2d at 699 .

Murphy Cormier General Contractor, Inc. v. State, Department of Health & Hospitals

12 La.App. 3 Cir. 1000 · Louisiana Court of Appeal · May 22, 2013

Qualified Immunity DHH argues that its employees were subject to qualified immunity in the exercise of discretion pertaining to their duties, thus the trial court erred in not granting summary judgment in its favor. … DHH claims that the evidence supports a finding that the law pertaining to Section 729 was not “clearly established,” thus entitling DHH employees to immunity. Louisiana Revised Statutes 9:2798.1 states in part: A.

Fullilove v. US Casualty Company of New York

129 So. 2d 816 · Louisiana Court of Appeal · Apr 12, 1961

This act was adopted after final judgment had been rendered in the lower court; but, the case having been as fully tried below as if plaintiff had had authority to stand in judgment, and she being the appellant, and now qualified … This choice of words clearly indicates the purpose to require new suits in only those cases where the judgments of dismissal were not subject to correction, and had attained the status of res judicata.

Dartlone v. Louisiana Power & Light Co.

763 So. 2d 779 · Louisiana Court of Appeal · Jun 21, 2000

The City, however, fails to acknowledge the well-established rule of law which provides that such immunity is only afforded to those governmental actions which are based on articulated social, economic or policy considerations … 100 percent at fault in the accident was clearly wrong.

Falkowski v. Maurus

637 So. 2d 522 · Louisiana Court of Appeal · Sep 9, 1993

The court then considered the statutory immunity granted by LSA-R.S. 40:1235, which grants immunity from civil liability to emergency medical technicians, parish governing authorities and their insurers, among others, for … A court of appeal may not set aside finding of fact by the lower court in the absence of manifest error or unless it is clearly wrong.