Case law

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. Matthews

632 So. 2d 294 · Louisiana Court of Appeal · Nov 24, 1993

Article 615 clearly states that the venue shall not be considered an essential element to be proven by the state at trial. … Under the Louisiana Code of Evidence, it was not necessary to qualify Officer David as an expert in order to permit his testimony.

Johnson v. Horton

262 So. 2d 158 · Louisiana Court of Appeal · Apr 24, 1972

We conclude the trial judge relied on the most impartial and qualified witnesses in resolving this issue. … The establishment of this line in relation to the original governmental survey quarter section line could only be determined by a survey.

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.

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."

William Johnson v. Jacob Colby Perry

Louisiana Court of Appeal · Jun 6, 2018

Johnson’s claims and asserted that any statements he made were privileged speech under Article III, § 8 of the Louisiana Constitution and, therefore, entitled him to qualified immunity from prosecution. Mr. … Article III, § 8 of the Louisiana Constitution provides immunity to members of the legislature for “any speech in either house.”

Kramer v. Continental Cas. Co.

641 So. 2d 557 · Louisiana Court of Appeal · Sep 2, 1994

However, there was no evidence clearly establishing that they were made aware of John Carrico's age or of the fact that he had been drinking. … While the evidence clearly shows that Mrs.

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.

State v. Wells

755 So. 2d 963 · Louisiana Court of Appeal · Dec 22, 1999

Defendant also argues that the State's expert, Lieutenant Coutee, was unable to establish that the amount found was inconsistent with personal use only, because he was not qualified as an expert in the consumption of crack … His assessment of the qualifications of experts will not be disturbed unless clearly wrong." Wahlder, 647 So.2d at 485 .

Wade v. TEACHERS'RETIREMENT SYSTEM OF LOUISIANA

938 So. 2d 103 · Louisiana Court of Appeal · Jun 9, 2006

Her claim was denied on the basis that she did not qualify for disability retirements benefits according to medical evaluations. Following this denial of benefits, Mrs. … It is well settled that a trial court's findings of fact may not be reversed absent manifest error on unless clearly wrong. Stobart v. State of Louisiana, Through Dep't of Transp. and Dev., *109 617 So.2d 880 (La.1993).

Bunge Corp. v. Federal Barge Lines, Inc.

273 So. 2d 730 · Louisiana Court of Appeal · Feb 20, 1973

Bunge Corporation, a New York corporation, qualified to do and doing business in Louisiana, is engaged in buying and selling grain. … That the owner of a dock may seek an in personam remedy for dockage charges is clearly established by case law. Ex Parte Easton, 95 U.S. 68 [, 24 L.Ed. 373 ] (1877).

Henry v. Barlow

937 So. 2d 895 · Louisiana Court of Appeal · Aug 9, 2006

The article clearly gives great discretion to the trial judge. He may deny the motion unless `good cause' for the examination is shown. … Henry has not alleged, nor does the record reveal, any evidence which even suggests that the physicians chosen by CLECO are not qualified to perform the examinations.

Miller v. Board of Directors of the Firemen's Pension & Relief Fund

378 So. 2d 973 · Louisiana Court of Appeal · Oct 10, 1979

As a general rule, laws are deemed to be prospective in effect unless *977 their language clearly indicates otherwise. Green v. … We note that the quotation adopted by the Supreme Court carefully qualified its position.

Holt v. State ex rel. Department of Transportation & Development

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

Duffour v. Hartford Cas. Ins. Co.

359 So. 2d 720 · Louisiana Court of Appeal · May 10, 1978

this statutory language a workmen's compensation claimant was held totally disabled if he was unable to do work reasonably of the same kind and character as that which his training, education, experience and status in life qualified … But, here, where the record clearly and categorically underlines the fact that Mr.

Miley v. Bogalusa Fire Department

2014 La.App. 1 Cir. 1113 · Louisiana Court of Appeal · Mar 6, 2015

Miley’s PSVT condition does not qualify for the presumption under La. R.S. 33:2581 because there is no statutory law or jurisprudence that qualifies PSVT as a “disease or infirmity of the heart or lungs.” … Clearly, this shifting of the burden of proof imposes an onerous task upon the employer.

Hutchins v. Hill Petroleum Co.

609 So. 2d 306 · Louisiana Court of Appeal · Nov 9, 1992

As a result of our decision on the main demand, Hill is immune from tort liability. Therefore, Artigue suffers no loss that falls within the scope of the coverage had Hill been named. … The trial judge clearly erred in awarding those damages as there was no foundation whatsoever for the award.

Moolekamp v. Rubin

531 So. 2d 1124 · Louisiana Court of Appeal · Sep 16, 1988

R.S. 40:1299.44, appeals a judgment awarding plaintiff an additional $150,000.00 above the $100,000.00 paid by the insurer of her qualified health care provider, Richard L. Rubin, M.D. … Our task is, on the showing made by appellant based on the record before us, to determine whether the trial court's factual conclusions are clearly wrong or whether his compensation award is an abuse of discretion.

Hurst v. Baker Sand Control

94 La.App. 1 Cir. 2463 · Louisiana Court of Appeal · Oct 6, 1995

Thus, the appellate court may not set aside the hearing officer's findings in this regard absent manifest error or unless the findings are clearly wrong. Stobart v. … Where there are two permissible views of the evidence, the factfinder's choice between them cannot be manifestly erroneous or clearly wrong. Stobart v.