Case law

Medical Review Panel Proceedings for the Claim of Tinoco v. Meadowcrest Hospital

2003 La.App. 4 Cir. 0272 · Louisiana Court of Appeal · Sep 17, 2003

MMA provides that “[n]o action against a health care provider covered by this Part, or his insurer, may be commenced in any court before the claimant’s proposed complaint has been *104 presented to a medical review panel established … If emergency room physicians can be deemed to be employees of a hospital despite contracts providing that they are independent contractors, then nurses luworking under contract with a hospital can clearly be deemed to be

Babineaux v. Tollie Freightways, Inc.

628 So. 2d 1327 · Louisiana Court of Appeal · Dec 8, 1993

Babineaux was faced with a sudden emergency is a factual matter and should not be disturbed on appeal unless the record establishes that the finding was clearly wrong or manifestly erroneous. Stobart v. … Payne's testimony inadmissible because he was not qualified.

Thompson v. State

94 La.App. 1 Cir. 2610 · Louisiana Court of Appeal · Apr 23, 1996

The records in this case clearly indicate that the spillway was not completed until 1935. … Louisiana Constitution article XII, § 10(C) has been amended by the legislature and vote of the people relative to sovereign immunity.

Cajun Welding & Machine Co. v. Deville

3 La.App. 3 Cir. 0548 · Louisiana Court of Appeal · Nov 5, 2003

and that this determination by the workers’ compensation judge was not clearly wrong. … Broussard were of the opinion that the motorized scooter was not necessary, they had qualified their opinions by reference to the risk that Mr.

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.

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.

Lakeside Day Care Center v. Board of Adjustment

121 So. 2d 335 · Louisiana Court of Appeal · May 31, 1960

. * * *" Appellant, Lakeside Day Care Center, Inc., contends that the Board of Adjustment for the City of Baton Rouge was in error when it refused to permit plaintiff to establish its "nursery school" as contended by the … To qualify under the terms of the Baton Rouge Zoning Ordinances for "A-1" districts, the appellants would have to change their operation from one set up primarily to give all day care to children, to one set up primarily

State in Interest of Ardoin

667 So. 2d 1144 · Louisiana Court of Appeal · Dec 20, 1995

Buxton's testimony does not affirmatively and clearly establish no reasonable expectation exists that D.A. will reform in the future. Moreover, the record contains positive testimony that D.A.' … We conclude the record does not establish clearly and convincingly that D.A. is presently unfit and no reasonable expectation of her future reformation exist.

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

Guillory v. Overland Exp. Co.

796 So. 2d 887 · Louisiana Court of Appeal · Oct 3, 2001

that the finding is clearly wrong (manifestly wrong). … Since it has been determined that the plaintiff is in fact an independent contractor, we must determine whether the plaintiff falls under the exception created by the statute that would allow him to qualify for workers compensation

Sabine Lumber Co. v. Garcia

110 So. 2d 878 · Louisiana Court of Appeal · Apr 3, 1959

Walsh is not so qualified. … The testimony affecting the plea of prescription establishes clearly that in 1952 Garcia erected a new fence in the same position of an old fence which previously had been maintained since his acquisition of the SW14 of the

Nigro v. Cessna Aircraft Company

169 So. 2d 594 · Louisiana Court of Appeal · Dec 7, 1964

The facts established here are quite similar and more pronounced than those in the Covington case. … The record here clearly establishes that Cessna carried on the same type of business activity in this state since it maintains a distributorship in the name of J. D.

Holt v. STATE EX REL. DEPT. OF TRANSP & DEV.

671 So. 2d 1164 · Louisiana Court of Appeal · Apr 3, 1996

We can not conclude that these findings are either clearly wrong or manifestly erroneous. … Article 12, § 10 provides a general prohibition against sovereign immunity: Neither the state, a state agency, nor a political subdivision shall be immune from suit and liability in contract or for injury to person or property

T. D. Bickham Corp. v. Hebert

413 So. 2d 189 · Louisiana Court of Appeal · Mar 22, 1982

Venture Oil & Gas Corp., 346 So.2d 875 (La.App. 4th Cir.) writ ref., 350 So.2d 891 (La.1977), wherein the court approved a similar contractual provision modifying rights established by law. … We note the very broad and indefinite qualifying provision of the subordination clause: “Lessee agrees to execute and deliver such further instrument or instruments, subordinating this lease to the lien of any such mortgage

Meshell v. Rivers

348 So. 2d 203 · Louisiana Court of Appeal · Jun 30, 1977

We also are not impressed with the lay evidence, and find that it does not establish that plaintiff is disabled. … person, is accorded greater weight than that of an equally qualified physician who has seen the claimant but once, and then solely for the purpose of litigation.

Price v. Houston Fire & Casualty Insurance Co.

155 So. 2d 213 · Louisiana Court of Appeal · Jul 15, 1963

Plaintiff introduced the testimony of two highly qualified experts. Dr. Nicholas J. … Long ago the courts firmly established the principle that the employer must take the worker as he finds him. Behan v. John B. Honor Co., 143 La. 348 , 78 So. 589 , L.R.A.1918F, 862.

City of Eunice v. Carrier

821 So. 2d 3 · Louisiana Court of Appeal · May 1, 2002

There are three component parts to establishing a Section 1208.1 violation: (1) untruthfulness; (2) prejudice; and (3) notice. … ' depositions nor the medical records establish the proof necessary to support the employer's claim.

Lamothe v. Griffin

130 So. 2d 819 · Louisiana Court of Appeal · May 22, 1961

The suit is clearly one for recognition of the plaintiffs as creditors of the succession and for a separation of patrimony so as to insure that their claims will be protected against the eventuality of the heir’s personal … In an application for rehearing in the lower court, plaintiffs contended that under the well established law as set forth in Keith v.

Sider v. Robin Temporary Service

515 So. 2d 1123 · Louisiana Court of Appeal · Nov 9, 1987

Although Sider was paid by Robin, he was clearly directed and supervised by A & M in its cleaning operations. It was A & M who supplied the cleaning equipment. … Counsel then asserts that since Sider is not Valley's "borrowed employee" it is not immune from a tort suit.