Case law

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.

Rushing v. Glover

91 So. 3d 1169 · Louisiana Court of Appeal · Apr 11, 2012

that the finding is clearly wrong (manifestly erroneous). … Since the credit sale deed is not in accordance with option # 1, it does not qualify as an acceptance of it. Option # 2 covered the1 7.30-acre tract of land.

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.

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.

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.

Perkins v. Roy O. Martin Lumber Co.

15 La.App. 3 Cir. 571 · Louisiana Court of Appeal · Apr 6, 2016

Plaintiff contended the burden was on the Sheriff to prove he is entitled to statutory immunity from suit under the Louisiana Workers’ Compensation Act. … Further, the evidence establishes MARTCO paid Plaintiff for his labor.

Meyer & Associates, Inc. v. Coushatta Tribe of Louisiana

Louisiana Court of Appeal · Aug 8, 2007

Coushatta refutes the import of Meyer’s arguments with evidence establishing that nonmembers doing business with the Tribe regularly obtained specific resolutions waiving sovereign immunity as provided in the Judicial Code … Nat’l Farmers, 471 U.S. 845, 105 S.Ct. 2447. 14  Conclusions Louisiana and its courts clearly have an interest in seeing that their

Joanika Davis, Surviving Child of the Decedent, Cora Bell Stewart v. Hillview Nursing Home, Inc. D/B/A Legrand Nursing and Rehabilitation Center

Louisiana Court of Appeal · Sep 25, 2023

Relator further asserts that Respondent’s claims will require expert testimony to establish that: (1) the care the decedent received at Hillview fell below the requisite standard of care and that any such alleged breach … This exception challenges “[t]he sufficiency of the petition to clearly articulate the facts underlying the claims asserted therein.” Id. (citing La. C.C.P. art. 926(A)(5)).

Glankler v. Rapides Parish School Bd.

610 So. 2d 1020 · Louisiana Court of Appeal · Dec 1, 1992

Viewing the record evidence in light of the delineated inquiry espoused in Adams, supra, we cannot say that the trial court was clearly erroneous in its acceptance of Paul Hogan as an expert in the field of child supervision … We find that Glankler failed to prove that DHHR had either actual or constructive notice regarding the alleged defective design of the swing, and that the trial court's contrary determination was clearly wrong.

Porter v. Travelers Indemnity Company

313 So. 2d 641 · Louisiana Court of Appeal · Sep 17, 1975

Savoy qualifies as an uninsured motorist under the 1972 amendment to La.R.S. 22:1406, subd. D [1] . See Rascoe v. Wilburn, 295 So.2d 201 (La.App. 3rd Cir. 1974). … It is well established that both Travelers and Interstate denied any coverage under their respective policies. Letters in the record to Mrs. Porter clearly show this.

State v. $29,177.00 U.S. Currency

93 La.App. 3 Cir. 592 · Louisiana Court of Appeal · Feb 2, 1994

He was well aware of Thibodeaux’s experience in such matters and was clearly troubled by the implications of the testimony. … We hold that the trial court was not clearly wrong in finding no probable cause for the forfeiture.

Pollard v. Alpha Technical

102 So. 3d 71 · Louisiana Court of Appeal · Aug 12, 2011

Clearly, Rule 23(e) paints with a broad brush. It leaves to the courts the task of working out the practical details. … Thus, the class was clearly established and counsel had been appointed to represent it.

Abadie v. Metropolitan Life Ins. Co.

804 So. 2d 11 · Louisiana Court of Appeal · Apr 11, 2001

STATUTORY IMMUNITY The Avondale defendants also assert that the cause of action for mesothelioma accrued after September 30, 1976 and is therefore barred by worker's compensation statutory immunity under La. … The court must find from the record that a reasonable factual basis does not exist for the finding of the trial court, and further determine that the record establishes that the finding is clearly wrong (manifestly erroneous

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).

Neil Rabeaux v. Ronald J. Theriot, Sheriff

Louisiana Court of Appeal · Dec 9, 2015

In turn, thereafter, if “the adverse party fails to produce factual support sufficient to establish that he will be able to satisfy his evidentiary burden of proof at trial, there is no genuine issue of … Rabeaux further submitted that if Deputy Prunty made false statements, he did so voluntarily and intentionally, such that his actions would amount to willful misconduct and he would not be entitled to the qualified immunity

Crotwell v. Holloway Sportswear

740 So. 2d 748 · Louisiana Court of Appeal · Jun 16, 1999

She alleged that this qualified as an accident and stated that she reported the accident to her supervisor, who told her to keep working. … more clearly.

Page v. Page

673 So. 2d 1317 · Louisiana Court of Appeal · May 8, 1996

Clearly, it was within the province of the court to seek the opinion of it's expert, Dr. Post. Lawana argues that the reasons given by Dr. Post were not sufficient to warrant a change in custody. … Our review of the record reveals that there is testimony as well as income tax returns to establish the income of the parties.

Seymour v. LaCava

522 So. 2d 683 · Louisiana Court of Appeal · Mar 14, 1988

Various experts were qualified and testified at the trial concerning the design of the "Expressway" and more particularly the median barrier. … The plaintiffs failed to establish the elements necessary to impose fault under any theory upon DOTD.

Cunningham v. Hall

148 So. 2d 808 · Louisiana Court of Appeal · Jan 7, 1963

The only logical conclusion to be drawn is that the subdivider did not intend to apply this particular section to the character of the occupancy of the residence, otherwise he would have further qualified it by the use of … After establishing the front and side-yard setback lines, the subdivider then used the term “only one dwelling house” is to be constructed on each building site.

State v. Mims

505 So. 2d 747 · Louisiana Court of Appeal · Apr 1, 1987

Kentucky, 476 U.S. ___ , 106 S.Ct. 1712 , 90 L.Ed.2d 69 (1986), stated that this interpretation of Swain placed on a defendant a crippling burden of proof, making a prosecutor's peremptory challenges largely immune from constitutional … First, the defendant who is black, has clearly shown that he is a member of a cognizable racial group. This fact is reflected not only by the trial transcript but also by a picture of the defendant filed into evidence.