Case law

State v. Folse

16 So. 2d 613 · Louisiana Court of Appeal · Feb 11, 1944

committee failed in any duty which it was required by law to perform; that it was the duty of the committee to accept as correct the tally sheets and tabulations made by the commissioners of election and that, until it has been established … That mandamus is proper in cases like this is clearly pointed out by our Brethren of the First Circuit in Bauer v. Gilmore, supra, for, there, Mr.

Boudreaux v. Panger

481 So. 2d 1382 · Louisiana Court of Appeal · Mar 14, 1986

In 1975, the Medical Malpractice Act was enacted which included chiropractors within the definition of health care providers entitled to the benefits of the Act if qualified under the Act. LSA-R.S. 40:1299.41 et seq. … Panger did state that she was attempting to correct the bulging disc; however she qualified that statement by testifying that she was attempting to relieve the pressure on the nerve from the disc.

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.

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.

Efferson v. State, Through Dept. of Transp. & Dev.

463 So. 2d 1342 · Louisiana Court of Appeal · Nov 29, 1984

The trial court was clearly wrong in this conclusion. … The evidence clearly established also that Stevens had been drinking earlier in the evening.

Tuttle v. Lowrey Chevrolet, Inc.

424 So. 2d 1258 · Louisiana Court of Appeal · Dec 22, 1982

Although the date on which the truck was offered for return to Lowrey Chevrolet is not established, the matter of tender is not disputed. … We also note that the mileage for which Tuttle had use of the truck was not firmly established nor was there evidence of the value of that use.

Cleland v. City of Lake Charles

840 So. 2d 686 · Louisiana Court of Appeal · Mar 5, 2003

Scott Krenrich was qualified as an expert in the fields of emergency room medicine, physics, and biomechanical engineering. … Thus, because the defendants failed to establish the evidentiary reliability of Dr.

Clark v. CHRISTUS HEALTH NORTHERN LOUISIANA

47 So. 3d 1135 · Louisiana Court of Appeal · Sep 22, 2010

The existence or nonexistence of a contract is a question of fact not to be disturbed unless clearly wrong. Worley, supra; Chapman, supra. … The RIA is Clark’s signed commitment to remain at Schumpert for two years as required to qualify for the sign-on bonus.

Harrison v. Smith

2001 La.App. 1 Cir. 0458 · Louisiana Court of Appeal · Mar 28, 2002

is clearly wrong. … After his death, his wife was substituted as plaintiff under her authority as qualified succession representative. .

State v. Magee

487 So. 2d 1233 · Louisiana Court of Appeal · Mar 5, 1986

That is in no way the case here, and the statute is clearly inapplicable. The blood sample was simply demonstrative evidence. … That foundation can be laid by establishing a chain of custody of the evidence or by visual identification. Once that foundation is established, the weight to be given the evidence is a question for the jury. State v.

The Tunica-Biloxi Tribe of Louisiana v. John Blalock

Louisiana Court of Appeal · Nov 4, 2009

It asserted that the trial court “should establish the boundary line between the lands owned by Intervenor and the land owned by the Tunica Biloxi Indians of Louisiana.” … It is well established that Indian tribes possess sovereign immunity from suit that existed at common law. Rosebud Sioux Tribe v. A & P Steel, Inc., 874 F. 2d 550, 552 (8th Cir. 1989).

McCallon v. Key Energy Servs., LLC

271 So. 3d 249 · Louisiana Court of Appeal · Apr 24, 2019

Megan Smith, Key Energy Services workforce coordinator in Williston, testified that Key Energy Services established its travel program as an incentive to attract qualified employees to work in Williston, that the employee's … McCallon's claims is contrary to well-established jurisprudence, and the single case it cites in support of its position is clearly inapposite to the facts herein.

Sandell v. Sontag

827 So. 2d 575 · Louisiana Court of Appeal · Oct 2, 2002

On June 15, 2001, the trial court issued Written Reasons for Judgment wherein it ruled that the presence of Minerva Dale Taylor, surviving spouse of James Vernon Taylor, establishes a member of a class pursuant to La.Civ.Code … Had a hearing been held, or if the trial judge used evidence at the September hearings in reaching his decision, the judge was was clearly in error. 2.

Soileau v. HCA HEALTH SERV. OF LA., INC.

539 So. 2d 662 · Louisiana Court of Appeal · Feb 8, 1989

Co., 361 So.2d 969 , at page 970 (La.App. 3 Cir.1978), this court discussed La.R.S. 9:2794 and the evidence admissible to meet the burden of proof in an action for medical malpractice by stating: "... testimony of qualified … We do not find that the jury was clearly wrong or manifestly in error and for this reason we will not disturb the jury's verdict. For this reason plaintiff's first assignment of error has no merit.

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.

Casanova v. Gray

196 So. 2d 824 · Louisiana Court of Appeal · Mar 21, 1967

always interpreted in favor of the owner of the property to be-affected.’ ” The only two witnesses who testified on: the trial of the present issue were the plaintiff and a civil engineer called on the plaintiff’s behalf and qualified … Lewis, 51 La.Ann. 210 , 25 So. 134 (1899), cited by ■the defendant in support of his contention ■that the servitude owner has a right to fence is clearly distinguishable and therefore inapplicable to the case at bar.

Mosbey v. Jefferson Parish Sheriff's Office

250 So. 3d 1110 · Louisiana Court of Appeal · Jun 27, 2018

Plaintiff contends defense counsel's agreement constituted a stipulation as to the amount of past medical expenses and the stipulation qualified as a judicial confession. … We do not find that this exchange qualifies as a stipulation or judicial admission by defendants as to the amount of past medical expenses.

Price v. LOUISIANA DEPT. OF TRANSP. & DEV.

608 So. 2d 203 · Louisiana Court of Appeal · Jun 18, 1992

Because of defendant's qualified immunity as a prison guard from Section 1983 liability, the trial judge instructed the jury that plaintiff inmate could only recover if defendant guard was guilty of "gross negligence" or … Based on the evidence in the record, we cannot say the trial court was clearly wrong in finding that Mrs.

Young v. Colligan

560 So. 2d 843 · Louisiana Court of Appeal · Mar 14, 1990

The evidence establishes that after the plaintiff was discharged from the hospital, she had no other dealings with Dr. Colligan. … The plaintiff additionally relies on the cross-examination of the defendant to establish that he breached the standard of care.

Kosmitis v. Bailey

685 So. 2d 1177 · Louisiana Court of Appeal · Dec 20, 1996

Kosmitis clearly does not have personal knowledge about what Bailey said to whom outside her presence, and her efforts to locate witnesses possessing such knowledge have been unsuccessful, according to this record. … summary judgment that any statements he made to clients about Kosmitis were true and were made without malice, in good faith, with a reasonable belief in their truth, are merely his conclusions drawn from facts which are clearly