Case law

Schell v. K & K Ins. Group, Inc.

756 So. 2d 546 · Louisiana Court of Appeal · Feb 16, 2000

Although Schell argues in part that the court made a finding on an exception of no cause of action, the judgment is clearly one granting summary judgment. … After reviewing the record in this matter, we conclude that the Association bore its burden of proving immunity under the statute for purposes of summary judgment.

Brown v. Beauregard Elec. Co-Op., Inc.

647 So. 2d 668 · Louisiana Court of Appeal · Dec 14, 1994

Richey was immune from suit because he was Mr. Brown's employer, and his fault was therefore disregarded. Thus, judgment was rendered against Beauregard in the amounts of $192,308 for Mr. Brown and $38,462 for Ms. … The jury's conclusion otherwise is clearly wrong, and the jury's award of general damages and related medical expenses is clearly excessive. For these reasons, I respectfully dissent.

Baldwin v. CleanBlast, LLC

14 La.App. 3 Cir. 1026 · Louisiana Court of Appeal · Feb 4, 2015

determining the temporal element inherent in the substantiality requirement, an appropriate rule of thumb is that “[a] worker who spends less than about 30 percent of his time in the service of a vessel in navigation should not qualify … While the sandblasting/painting aspect of the plaintiffs services clearly were performed on the platform, the equipment for that job was located on, and, in fact, welded to the vessel.

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.

Basco v. Dorthy R. Racine Trucking, Inc.

725 So. 2d 606 · Louisiana Court of Appeal · Dec 28, 1998

The law clearly establishes that LaSHARP, as an interlocal risk management agency, is not subject to the Insurance Code. See Logan v. Hollier, 424 So.2d 1279 (La.App. 3 Cir.1982). … Alternatively, plaintiff alleges LSA-R.S. 33:1345 and 1483 are unconstitutional in that these statutes "partially resurrect sovereign immunity in favor of a governmental agency" in violation of La. Const. Art.

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.

Succession of Payne

524 So. 2d 803 · Louisiana Court of Appeal · Feb 3, 1988

ASSIGNMENT OF ERROR The appellants allege the court erred in invalidating a bequest which was intended to be, and qualifies as, a disposition in trust. … The testator has not established an order of succession, since he did not arrange for the property to leave Henry K. Payne's patrimony at his death and enter the patrimony of his granddaughters.

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

Boudreaux v. Freeport Chemical Co.

576 So. 2d 615 · Louisiana Court of Appeal · Feb 28, 1991

The evidence also clearly establishes that Freeport has the equipment necessary to perform a major turnaround. Third, we look at the practice in the industry. … Finally, the evidence clearly establishes that Freeport employees were engaged in performing turnaround work at the time of plaintiff's injury.

Diez v. Accident Indemnity Insurance

162 So. 2d 206 · Louisiana Court of Appeal · Mar 2, 1964

The record further establishes that the children’s tonsils were removed solely at the request of plaintiff and his wife as “preventive medicine” in the hope it would reduce their susceptibility to colds and sore throat. … Marshall Scarle, plaintiff’s family physician, testified in substance that on numerous visits of the children for routine immunization, vaccination and treatment for childhood diseases, at no time, with but one exception,

Treadaway v. Progressive Northwestern Ins.

720 So. 2d 693 · Louisiana Court of Appeal · Sep 9, 1998

Under the above policy language, coverage is clearly excluded under the circumstances of this case. … The purpose of the exception established in §L is clearly to modify the other requirement of §B(2), the requirement that the insurance policy insure "any other person, as insured, using any such motor vehicle or motor vehicles

Village of Varnado v. Varnado Volunteer Fire Department, Inc.

563 So. 2d 946 · Louisiana Court of Appeal · May 30, 1990

We believe that the trial court was not clearly wrong; accordingly, we affirm its judgment that the Village of Varnado failed to prove it was entitled to the funds at issue. … of the governing authority of the parish shall have qualified or certified such body as being eligible to receive the tax.

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.

Hernandez v. Chalmette Medical Center

869 So. 2d 141 · Louisiana Court of Appeal · Feb 4, 2004

In order to disturb this finding on appellate review, we must conclude that no reasonable factual basis exists for the finding, and our review of the entire record must establish that the factfinder was clearly wrong or manifestly … qualified under the MMA.

State v. Gibson

197 So. 3d 692 · Louisiana Court of Appeal · Jul 6, 2015

As we did in Amos, we find that Defendant’s actions more clearly satisfy La. … C.Cr.P. art. 894.1, and whether the sentence is warranted under the facts established by the record. State v.

Mims v. Stalder

966 So. 2d 1249 · Louisiana Court of Appeal · Nov 2, 2007

service on the Defendants in order to determine whether this Court has jurisdiction and whether or not the petition states a cause of action, or cognizable claim, or is frivolous, malicious or seeks monetary damages from an immune … Additionally R.S. 15:1172(C) states the following: If an offender fails to timely initiate or pursue his administrative remedied within the deadlines established in Subsection B of this Section, his claim is abandoned and

Brown v. Rougon

552 So. 2d 1052 · Louisiana Court of Appeal · Nov 15, 1989

In this factual posture, the trial court was not clearly wrong in finding as fact that the Sheriff had probable cause to arrest the Browns on each occasion. … The issues, before this court, cannot be resolved by deciding a question of establishment, existence or non existence of a predial servitude.

Caple v. Brown

323 So. 2d 217 · Louisiana Court of Appeal · Oct 29, 1975

The record and briefs of counsel establish that plaintiff is a candidate for the office of sheriff of Red River Parish. … We also find no evidence of the intent of the legislature to qualify this right in any manner.

Sunlake Apartment Residents v. Tonti Development Corp.

602 So. 2d 22 · Louisiana Court of Appeal · May 15, 1992

They argue the evidence "clearly preponderates" that fire stops and draft stops would have "greatly reduced and/or impaired the rapid spread of the fire." … The record does establish that the Tonti Group, the apartment owners/contractors, received more than $442,000 in settlement from the Raymond Group.

Guy v. ABC Insurance Co.

629 So. 2d 1350 · Louisiana Court of Appeal · Dec 16, 1993

In its reasons for judgment, the trial court stated that the City of New Orleans “had the burden of establishing that the search was connected to a lawful arrest.” … Appellants have never argued or presented evidence that a police officer acting within the scope of his duties is immune from liability for civil damages.