Case law

Roberts v. Rudzis

2013 La.App. 1 Cir. 0538 · Louisiana Court of Appeal · May 28, 2014

We need not determine whether this suffices to establish that Rudzis was unavailable for purposes of the unavailable witness exception because the record does not establish the requisite *608 foundation required by Article … that the factfinder is clearly wrong or manifestly erroneous.

ALLIED SIGNAL INC. v. Jackson

691 So. 2d 150 · Louisiana Court of Appeal · Feb 14, 1997

It is insufficient for the opponents to establish that the statute's constitutionality is questionable; instead, they must clearly and convincingly prove that the legislature's action is in contravention of a specific provision … Clearly, the residents of an unincorporated area do not have greater rights than the residents of a municipal corporation.

Duncan ex rel. Hahn v. South Central Bell Telephone Co.

608 So. 2d 649 · Louisiana Court of Appeal · Oct 28, 1992

Both “in the course of employment” and “arising out of employment” must be proven to qualify for compensation benefits; however, they should not be considered in isolation and a strong showing of one can overcome or strengthen … We reviewed the present case under the clearly erroneous standard.

Berard v. State, Department of Health & Human Resources

484 So. 2d 840 · Louisiana Court of Appeal · Feb 25, 1986

Supreme Court, in discussing the applicability of the attorneys fees act to interlocutory proceedings, stated that "[I]t seems clearly to have been the intent of Congress to permit such an interlocutory award only to a party … who has established his entitlement to some relief on the merits of his claims, either in the trial court or on appeal.”

Charles v. Town of Jeanerette, Inc.

234 So. 2d 794 · Louisiana Court of Appeal · Apr 30, 1970

Prior to the institution of this suit a Concurrent Resolution was adopted by both houses of the Louisiana Legislature authorizing the filing of this action against the Town of Jeanerette, and waiving the town's immunity from … It may be true that one was conducted under authority of the common council in the name of the city; but, unless the corporation itself was authorized to establish the ferry, it cannot be said that the act of the council

Cottonham v. Rockwood Ins. Co.

403 So. 2d 773 · Louisiana Court of Appeal · Jul 22, 1981

The evidence clearly establishes that plaintiff suffers substantial pain both on and off duty as a consequence of his accident and resulting paraplegia. … The circumstances of this case are clearly distinguishable. Unlike the evidence presented in Dusang , the evidence here clearly establishes that plaintiff is in constant, substantial and disabling pain.

Palumbo v. Shapiro

2011 La.App. 4 Cir. 0769 · Louisiana Court of Appeal · Dec 14, 2011

(iii) A person who may be immune from suit because of immunity granted by statute. (3) If appropriate, whether there was negligence attributable to any party claiming damages, and, if so: (a) Whether such negligence was a … Clearly, the versions of events put forward by Ms. Palumbo and Mr. Pigg differ greatly. It is equally clear that these sharp differences cannot be resolved adequately with nothing save a cold transcript.

Wooley v. STATE EX REL. DHHR

527 So. 2d 573 · Louisiana Court of Appeal · Jun 22, 1988

Some qualified person must tell us that the plaintiff's job related activity could cause or contribute to her accident. … Unless the trial court's factual findings of work causation were clearly wrong, we will not reverse such holding on appellate review. Boren v.

Hebert v. Parker

796 So. 2d 19 · Louisiana Court of Appeal · Sep 25, 2001

The jury was not clearly wrong in finding that Dr. … The jury was not clearly wrong in finding that Dr.

Tuger v. Audubon Insurance

152 So. 2d 354 · Louisiana Court of Appeal · Mar 29, 1963

The record in the present case clearly establishes that the Tuger automobile entered the intersection first and was struck on its right side from about its center *358 toward the rear of the vehicle. … Although counsel for plaintiff concededly did not attempt to qualify Dr.

State v. Mullins

537 So. 2d 386 · Louisiana Court of Appeal · Dec 29, 1988

He specifically argues that the evidence is insufficient to establish that he possessed the requisite specific intent. … Accepting the victim's testimony the defendant clearly committed a battery on the victim —he intentionally used force or violence on her person.

Cormier v. Blake

198 So. 2d 139 · Louisiana Court of Appeal · Apr 26, 1967

. *143 The trial judge's findings of fact, particularly those involving the credibility of witnesses testifying before him, are entitled to great weight on appeal, and will not be disturbed unless found to be clearly erroneous … As noted in that case, one of the requirements which must be met before a publication is entitled to such a qualified or conditional privilege is that it be made in good faith.

Ronald Adams, Contractor, Inc. v. State, Department of Transportation & Development

457 So. 2d 778 · Louisiana Court of Appeal · Oct 9, 1984

Although the chief engineer for the Department of Transportation disagreed, we note the State did not tender or qualify him as an expert in construction terminology. … The expert testimony clearly established a contractor’s cost per unit increases as the quantity of units decreases; the greater the reduction the sharper the increase in cost.

Beaty v. Thiokol Corp.

414 So. 2d 1292 · Louisiana Court of Appeal · Mar 22, 1982

Robert Barrett, a well-qualified Shreveport vascular surgeon, who performed the surgery on plaintiff and treated him for his condition. … clearly established by a preponderance of the evidence."

Weber v. CHARITY HOSP. OF LA. AT NEW ORLEANS

459 So. 2d 705 · Louisiana Court of Appeal · Jan 14, 1985

After a trial on the merits the trial judge found that the evidence established that Shirley Weber, Gaynell's host driver, negligently caused the collision responsible for Gaynell's initial injuries. … We have reviewed the entire record and we cannot say that this factual finding by the trial court is clearly wrong. Arceneaux v. Domingue, 365 So.2d 1330 (La.1978).

Mantiply v. Hoffman

263 So. 3d 1193 · Louisiana Court of Appeal · Jan 16, 2019

that the factfinder is clearly wrong or manifestly erroneous. … that the factfinder is clearly wrong."

Hebert v. Williams

526 So. 2d 835 · Louisiana Court of Appeal · May 11, 1988

The Compulsory Motor Vehicle Liability Security Law, LSA-R.S. 32:861 et seq., allows vehicle owners several means of establishing financial responsibility. … As discussed above, Southern Pacific was a qualified self-insurer under Louisiana law.

Beard v. Henry

199 So. 468 · Louisiana Court of Appeal · Nov 1, 1940

Galloway, 184 La. 707, 710 , 167 So. 197, 198 , the rule referred to is clearly expressed: “It is well-established law in this state, as well as elsewhere, that, to contest an election, not only specific frauds or irregularities … The above-referred to subsection (b) of Sec. 86 of the 1940 Act clearly directs the mode and method by which contests thereunder may be originated and conducted.

In re Medical Review Panel Claim of Scott

2016 La.App. 4 Cir. 0145 · Louisiana Court of Appeal · Dec 14, 2016

We also conclude that the judge’s factual findings made in *1057 connection with her judgment were not clearly wrong. … Scott does not dispute that-Kindred is a qualified healthcare provider. . La. R.S. 9:5628 provides: A.

Lepine v. Lepine

243 So. 3d 737 · Louisiana Court of Appeal · Mar 14, 2018

The record further establishes that Troy appeared for trial and testified on his own behalf in the partition proceedings. … The record clearly shows, and Troy does not dispute, that Ms.