Case law

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.

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,

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.

Bailey v. Donley

26 So. 3d 987 · Louisiana Court of Appeal · Dec 9, 2009

that the fact finder is clearly wrong or manifestly erroneous. … Donley was qualified to make the drug substitution. Dr.

Levron v. Dupre

307 So. 2d 107 · Louisiana Court of Appeal · Dec 16, 1974

Boudreaux was purposely not qualified by plaintiff Levron as an expert. Mr. Bou-dreaux never saw plaintiff’s vehicle before the accident. … Kinchen, above, wherein such damages were allowed, is clearly distinguishable.

Town of Slidell v. Temple

155 So. 2d 681 · Louisiana Court of Appeal · Jun 3, 1963

The essence of this complaint is that Mayor Fritchie is not a civil engineer and is not qualified to give expert or opinion evidence concerning the alleged cause of the failure. … The evidence in the case at bar clearly preponderates in favor of the conclusion the contractor herein performed all work in strict accordance and compliance with the contract plans and specifications.

Bergeron v. Illinois Cent. Gulf R. Co.

402 So. 2d 184 · Louisiana Court of Appeal · Jun 29, 1981

The evidence clearly establishes there was no "Cross Buck" sign at this particular crossing although the statute requires one. La.R.S. 45:562. In regards to the horn or bell signal, Mr. … established, and that the interests of justice in Louisiana would not be served if a qualified judge agreed to recuse himself at the slightest suggestion of any conceivable bias, especially when such suggestion is not made

Edward "Eddy" Jackson Versus Jefferson Parish School Board

Louisiana Court of Appeal · Feb 2, 2022

In the present case, the School Board bases its claim of tort immunity on its assertion that Mr. … This clearly is a fact-intensive determination.

Delaney v. Whitney Nat. Bank

96 La.App. 4 Cir. 2144 · Louisiana Court of Appeal · Dec 15, 1997

The retirement plans referred to in the agreement were arrangements sponsored and administered by Whitney; the two pertinent to this litigation are the qualified retirement plan (Retirement Plan) and a non-qualified retirement … We believe the trial court properly admitted the evidence to establish Whitney's breach of the agreement.

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.

State v. Spencer

486 So. 2d 870 · Louisiana Court of Appeal · Mar 25, 1986

Defendant's assertion that the evidence is insufficient to establish that he intended to cause the victim unjustifiable pain is clearly without basis, since the provisions of La.R.S. 14:93 A do not require such an intent. … Clearly, the circumstances of this case warrant a less onerous sentencing alternative.

Easterwood v. Scott

1 La. App. 547 · Louisiana Court of Appeal · Feb 3, 1925

That article clearly is a prohibition against receiving parol evidence. It says “parol evidence shall not be received.” The act, though, is not so clearly a prohibition against receiving the evidence. … This case is clearly in point here and with the. sole exception that in that case the facts are similar to the facts here the witness testifying to the signature by reason of being familiar with it, qualified to give such

Patterson v. WEBER MARINE & FIREMAN'S FUND

93 La.App. 1 Cir. 0729 · Louisiana Court of Appeal · Apr 8, 1994

The court reasoned that although there is an exclusivity provision in the Longshoreman and Harbor Workers Compensation Act, the language of the statute clearly indicates that the term "employee" under the statute does not … The employer need not own the vessel, nor fleet of vessels in order for the employee to qualify as a "seaman" under the Jones Act. Coats v. Penrod Drilling Corp. 5 F.3d 877 (5th Cir.1993).

Succession of Albert E. Pittman .

Louisiana Court of Appeal · Jul 1, 2020

In September 2002, the co-executrixes obtained a judgment of 1 The Trust was created as a Qualified Terminable Interest Property trust, aka the Schedule M, Q-TIP election, which allows a testator’s estate to pass to the … In this case, the Trust established in Albert’s will does not include provisions for the removal of the Trustee.

State v. Azar

535 So. 2d 441 · Louisiana Court of Appeal · Sep 12, 1988

Relator called several witnesses at the hearing on the motion to quash in order to establish the vagueness of 14:73.5. Dr. James Oliver was qualified as an expert regarding computers and computer programming. … The statute clearly prohibits the accessing of computers for fraudulent purposes. Nevertheless, the statute requires no knowledge on the part of a user that "access" has occurred.

Jordan v. Willis-Knighton Medical Center

911 So. 2d 351 · Louisiana Court of Appeal · Sep 21, 2005

In approving a settlement or determining the amount, if any, to be paid from the patient's compensation fund, the court shall consider the liability of the health care provider as admitted and established where the insurer … Accordingly, he states that for the PCF to raise third party fault against one of its own members, without statutory authority, would clearly violate this duty of good faith and be contrary to public policy.

Harvey ex rel. Bates v. T.H.E. Insurance

99 La.App. 3 Cir. 1440 · Louisiana Court of Appeal · Jun 28, 2000

Much testimony was given by both sides establishing that safety must be a foremost concern of operators. … Clearly, but for this action on Veda’s part, she would have been contained within her seat.

Jeffries v. Estate of Pruitt

598 So. 2d 379 · Louisiana Court of Appeal · Mar 6, 1992

We believe that the decision of this Court in the Davis case and those in related situations are clearly indicative of the result to be reached here. … Pruitt was qualified as the succession representative. In this regard we note that service on a succession representative, before he or she is duly qualified, is invalid. Interstate Collection Bureau v.

Cambre v. Tassin Amphibious Equipment Corp.

464 So. 2d 878 · Louisiana Court of Appeal · Feb 12, 1985

Longshoremen's and Harbor Workers' Compensation Act, 33 U.S.C.A. 901 et seq.; and as a properly qualified claimant under The Louisiana Worker's Compensation Law, LSA-R.S. 23:1021 et seq. … However, there is some evidence to support this conclusion so that we are not convinced that the jury was clearly wrong.