Case law

State v. Mays

244 So. 3d 607 · Louisiana Court of Appeal · Aug 16, 2017

Jessica Esparza , the DNA Technical Leader for the Northwest Louisiana Crime Lab, was qualified as an expert in DNA testing. … When the direct evidence is viewed in accordance with Jackson, the facts established by the direct evidence and inferred from the circumstances established by that evidence must be sufficient for a rational trier of fact

WENDELBOE v. Exxon Shipping Co.

2008 La.App. 1 Cir. 1846 · Louisiana Court of Appeal · Feb 13, 2009

The record establishes the following with regard to the hierarchy of authority among the ship’s crew. … The record establishes that throughout the night preceding the incident, the weather had been stormy and rough.

Hunt Plywood, Inc. v. Estate of Davis

645 So. 2d 248 · Louisiana Court of Appeal · Oct 26, 1994

Further, the record does not clearly establish a close relationship between Dylon and his father. … We disagree; the statute is designed simply to establish the latest permissible point in time for an answer. .

Ja'Quarrius Ignont v. Rick Breen DBA Breen's Rapid Lube

Louisiana Court of Appeal · Aug 27, 2025

Frank Nettles (“Nettles”), who was qualified as an expert automotive mechanic, testified on behalf of Breen’s. … that the trial court is clearly wrong or manifestly erroneous.

Cajun Electric Power Cooperative, Inc. v. Triton Coal Co.

590 So. 2d 813 · Louisiana Court of Appeal · Nov 26, 1991

Nonetheless, the Louisiana court clearly has the authority to give full force and effect to the Wyoming judgment if appropriate. … Triton has fully complied with the statutory provisions under which a foreign corporation is qualified to do business in Louisiana.

Crooks v. LCS Corrections Services, Inc.

994 So. 2d 101 · Louisiana Court of Appeal · Aug 21, 2008

While these statements do not establish that any of the exposures were sufficient to cause the symptoms being complained of, the statements do establish that there were physical properties, such as smoke, ash, odors, and … The court also found that "counsel for plaintiffs are competent, experienced[,] and qualified."

Savoie v. Charles

55 So. 3d 1029 · Louisiana Court of Appeal · Feb 2, 2011

The Trial Court erred in ruling that an attorney is somehow immune from responsibility for damages when that attorney misrepresents or omits facts to a Judge resulting in damages. 3. … The right to amend one’s petition is qualified by the restriction that the objections to the petition be curable.” Id. at 160 (citation omitted). Counsel for Plaintiffs did not appear at the hearing on Mr.

Barber v. Green

134 So. 3d 1223 · Louisiana Court of Appeal · Feb 19, 2014

C.C. art. 134, 2 finding most to be a wash between these |svery qualified parents, with three exceptions: • The mother enrolled the daughter in an educational daycare program, but the father did not take the child to the … Unlike the majority of cases, a weekly rotation, under these unique facts, is clearly in the best interest of these children, for the following four reasons: (1) The trial court misapprehended our ruling in Skipper, supra

Charles B. Bridges, Et Ux. v. the City of Carenco

Louisiana Court of Appeal · Apr 30, 2008

director” is not one of the positions specifically listed in La.R.S. 9:2798, that she does not qualify for immunity under the statute. … The record establishes that after the rain, remedial steps were take to improve the playing surface.

Smith v. Winn-Dixie Louisiana, Inc.

574 So. 2d 514 · Louisiana Court of Appeal · Feb 6, 1991

After proving this fact, the burden then shifts to the store owner to establish that reasonable *516 measures were taken to protect his customers from such foreign substances. See Gonzales v. … Smith's activities were not restricted but qualified the statement by testifying that she should be careful not to do anything too strenuous. Dr.

Mendoza v. Mendoza

249 So. 3d 67 · Louisiana Court of Appeal · Jun 6, 2018

Bernard Parish, where they established their matrimonial domicile. … The trial court's decision was not manifestly erroneous or clearly wrong.

Ashmore v. Hilton

834 So. 2d 1131 · Louisiana Court of Appeal · Dec 11, 2002

A trial court's findings should not be overturned absent manifest error or unless clearly wrong. Stroik v. Ponseti, 96-2897 (La.9/9/97), 699 So.2d 1072 . … "Where two reasonable views of the evidence exist, the factfinder's choice between them cannot be manifestly erroneous or clearly wrong." Id. at 1079 .

City Blueprint & Supply Co., Inc. v. Boggio

2008 La.App. 4 Cir. 1093 · Louisiana Court of Appeal · Dec 17, 2008

Second, City Blueprint argues that the trial court erred in finding that no substantial issue of material facts exist that are sufficient to defeat defendants’ claim that they are immune from liability since the policy at … The evidence in the record clearly indicates that the Mahoney brothers did not request that Defendants procure flood insurance for City Blueprint. Thus, City Blueprint cannot show that Mr.

Harrison v. Lake Charles Mental Health

6 La.App. 3 Cir. 434 · Louisiana Court of Appeal · Mar 7, 2007

The filing of a request for review of a claim shall suspend the running of prescription against all joint or solidary obligors, including but not limited to health care providers, both qualified and not qualified, to the … The record clearly shows the pleading he filed with the trial court on August 20, 2002 was received by the Division of Administration.

Scott v. Dauterive Hosp. Corp.

2002 La.App. 3 Cir. 1364 · Louisiana Court of Appeal · Apr 23, 2003

HealthTrust also agreed to establish a trust containing assets in order to cover the liabilities. … Lienemann is insufficient to qualify under the statute.

City of Hammond v. Parish of Tangipahoa

985 So. 2d 171 · Louisiana Court of Appeal · Mar 26, 2008

A public official or governmental body performing a traditional legislative function is absolutely immune from liability for acts performed in that capacity. … Additionally, government officials and entities performing discretionary functions generally are shielded from liability for civil damages, unless their conduct violates clearly established statutory or constitutional rights

State v. Lewis

489 So. 2d 1055 · Louisiana Court of Appeal · May 28, 1986

The lights inside the house, the front porch light, and the street light enabled them to see the defendant clearly. … Specifically, he objects to the fact that Detective Bill Null was qualified as an expert in the area of fingerprint identification, although he had never before been qualified as an expert in that area.

State v. Drummer

245 So. 3d 93 · Louisiana Court of Appeal · Jun 6, 2018

Carter), who was qualified as an expert in forensic pathology by the trial court. Dr. Carter testified at the motion for new trial that she reviewed Dr. … Mayeux interpreted facts based on his medical knowledge, skill, training, and experience and that is exactly what an expert witness is qualified to do.

State v. Carlisle

458 So. 2d 1347 · Louisiana Court of Appeal · Oct 31, 1984

The relevance of the testimony of the State's witness was clearly demonstrated. It was linked to the instant offense temporally as well as by location. Further, Mr. … The person who withdraws the blood must be a physician, a registered nurse, qualified technician, or chemist.

Carr v. UNITED HOMES, INC.

8 La.App. 3 Cir. 02 · Louisiana Court of Appeal · May 7, 2008

The existence of a redhibitory defect is a *256 question of fact which cannot be disturbed unless the record establishes that the finding is manifestly erroneous. Dage v. … Mouser was qualified as an expert in manufactured housing construction, code compliance, and forensic analysis of condensation issues.