Case law

Bradley v. Arnold Lege Alligator Farm

625 So. 2d 591 · Louisiana Court of Appeal · Oct 6, 1993

We have no trouble in finding that Bradley was clearly temporarily totally disabled for some time immediately following the accident. … Second, it was established at trial that Bradley's father, Kenneth R.

Osborne v. Vulcan Foundry, Inc.

577 So. 2d 318 · Louisiana Court of Appeal · Mar 14, 1991

Clearly, under this contract, BRMC accepted the premises as is, assumed complete responsibility for all maintenance and repair, and agreed to indemnify and hold harmless the Board from claims such as are now presented by … Both Vulcan and the Osbornes' oppositions to the motion are limited to the Dock *322 Board's claim that it is Osborne's statutory employer and, therefore, immune in tort under LSA-R.S. 23:1021 et seq.

Florida Gas Transmission v. Woodside

198 So. 2d 716 · Louisiana Court of Appeal · Apr 17, 1967

The record clearly shows that the property in question is primarily swamp land and is laced with various lakes, and a large percentage of it lies under water. … Munson, who was clearly the most qualified witness to testify on the trial, it cannot be said that the decision of the Trial Judge in this case was erroneous.

Foshee v. Torch Operating Co.

763 So. 2d 82 · Louisiana Court of Appeal · May 17, 2000

The trial court clearly understood this as the trial transcript indicates that Texas jurisprudence was discussed in shaping the instruction. [2] In any event, whether ideally preserved or not, the substance of the law regarding … By way of illustration, so-called "rules of the road" establish or pertain to "standards of conduct and safety", whereas rules that impose a ceiling on the amount of compensatory damages or provide immunity from suit are

Jett v. Jett

957 So. 2d 368 · Louisiana Court of Appeal · May 23, 2007

However, Captain Whitaker explained that the only real requirement for qualifying for a promotion with the State Police is length of service and rank of a trooper and a test. … For the foregoing reasons, the evidence in the record clearly shows that David "made no major changes in his career activities, he undertook no additional extensive education courses distinct and separate from what he did

Oliver v. Orleans Parish School Board

2012 La.App. 4 Cir. 1520 · Louisiana Court of Appeal · Jan 15, 2014

The statutory requirement establishes the procedural due process owed to qualifying teachers from the transferred schools. … The Settlement Agreement clearly states the $7,000,000 represents settlement of the arbitrations listed within the document.

Frasier v. DEPARTMENT OF HEALTH AND HUMAN

500 So. 2d 858 · Louisiana Court of Appeal · Dec 23, 1986

In her assignments of error, plaintiff alleges that the trial court clearly erred in: 1. the determination of the appropriate medical standards involved; 2. ruling that the actions or omissions of defendant's physicians in … the diagnosis and treatment of appellant in her first admission to East Louisiana State Hospital had prescribed; 3. finding that the evidence failed to establish that defendant was negligent in the diagnosis of plaintiff

Montgomery v. Opelousas General Hosp.

546 So. 2d 621 · Louisiana Court of Appeal · Jun 28, 1989

Montgomery are clearly excessive. "Before an appellate court can disturb a quantum award, the record must clearly reveal that the trier of fact abused its discretion in making the award. … Montgomery replied that she had not applied for a clerical position, even though she was qualified and physically able to handle a clerical job.

State v. Vidaurri

919 So. 2d 803 · Louisiana Court of Appeal · Dec 30, 2005

We have clearly established the analysis for a claim of insufficient evidence: When the issue of sufficiency of evidence is raised on appeal, the critical inquiry of the reviewing court is whether, after viewing the evidence … "La.C.E. art. 702 states that experts may be qualified by reason of `knowledge, skill, experience, training, or education.'

State ex rel. A.L.

9 La.App. 3 Cir. 1565 · Louisiana Court of Appeal · Apr 7, 2010

Lange’s petition to establish custody. We affirm. I. ISSUES We must decide whether the trial court abused its discretion in dismissing Mr. Lange’s Petition to Establish Custody. II. … Lange certified or qualified, then at the very least the DDS and the District Attorney should have communicated with each other and prevented the issuance of an order of child support against a non-parent who had no legal

Barnco Intern., Inc. v. Arkla, Inc.

684 So. 2d 986 · Louisiana Court of Appeal · Dec 5, 1996

Clearly, however, broad discretion rests with the trial judge in deciding which witnesses are qualified as experts, and the breadth and scope of that expert testimony. Manchack v. … Art. 1793(C) clearly establishes a mandatory procedural rule for preserving an objection to the denial of a requested charge.

Southern Coal Co. v. R. & P. Construction Co.

16 La. App. 213 · Louisiana Court of Appeal · Mar 30, 1931

One who attacks its constitutional validity carries the burden of proving the invalidity specifically and clearly. State v. Hudson, 162 La. 543 , 110 So. 749 . … that provision in mind, we read section 1, which grants to all persons who have furnished supplies, material, or labor that entered into the construction, maintenance, or repair of the permanent roadbed, etc., Us being qualified

Laper v. BOARD OF COM'RS, PORT OF NEW ORLEANS

617 So. 2d 505 · Louisiana Court of Appeal · Jan 28, 1993

Plaintiff qualified Timothy Mutz as an expert auctioneer with a specialty in industrial auctioneering. Mutz's testimony was directed to establishing the standard of care of a reasonable auctioneer. … Moreover, aside from the question of duty, there is no evidence establishing *513 that the persons who dismantled the monorail station were not qualified to do the job.

Snider v. Snider

474 So. 2d 1374 · Louisiana Court of Appeal · Aug 21, 1985

Although the record discloses that the parties later established a matrimonial domicile in Utah, it is not clear from the record when such domicile was established. … Clearly, Louisiana does not meet the requirements necessary to qualify as the home state of the children because the children have not resided in this state the requisite period of time.

Smith v. Wiley Wood Construction Company

247 So. 2d 904 · Louisiana Court of Appeal · May 10, 1971

Steck diagnosed the condition as a psychotic reaction, although he qualified this diagnosis with the statement that in his opinion plaintiff was "exaggerating his complaint a bit." Dr. … On the contrary, his finding of fact was clearly correct. For the foregoing reasons, the judgment of the lower court is affirmed. The plaintiff is to pay all costs incurred herein. Affirmed.

State v. McKinney

890 So. 2d 737 · Louisiana Court of Appeal · Dec 22, 2004

One of the state’s witnesses, Rodreaco Lafitte (“Lafitte”), was given immunity from prosecution in exchange for his testimony. … The testimony established that McKinney went to the Expo Hall with a group of people from his neighborhood.

Vanderbrook v. Coachmen Industries, Inc.

818 So. 2d 906 · Louisiana Court of Appeal · May 10, 2002

Specifically, Paw Paw's alleges that "because the affidavits have not set forth any information to indicate that the plaintiffs are qualified as experts in the field of automotive electrical systems, they are not qualified … As discussed above, we have concluded that the Vanderbrooks' affidavits sufficiently established their intent regarding the vehicle.

Kasperski v. Patterson Services, Inc.

371 So. 2d 1254 · Louisiana Court of Appeal · Jul 2, 1979

Grubbs, qualified as an expert in mechanical engineering, testified that this accident was caused when the rear chain fastening the spool became loose, allowing the load to shift on the truck. … (Tr. 443) Clearly, had Mr. Romero chosen to take the precaution, a second chain could have been applied to secure the front terminal of the spool.

Doyle v. City of New Orleans Police Department

2009 La.App. 4 Cir. 1683 · Louisiana Court of Appeal · Aug 10, 2010

“Factual findings in workers’ compensation cases are subject to the manifest error or clearly wrong standard of appellate review.” Banks v. … While he stated his belief that the work conditions probably contributed to Officer Doyle’s underlying condition by suppressing the immune system, he could not say with certainty that there was a causal connection between

In re the Succession of Augustus

400 So. 2d 1172 · Louisiana Court of Appeal · Apr 13, 1981

With respect to appeals involving factual questions, it is well established that appellate courts are to accord great weight to the trial court’s findings which will not be disturbed unless manifestly erroneous. … Molligan was qualified and accepted as an expert witness on the subject of handwriting analysis.