Case law

Moreno v. Landaverde Construction LLC

10 La.App. 5 Cir. 471 · Louisiana Court of Appeal · Dec 14, 2010

Under the manifest error/clearly wrong standard, the appellate court may not merely decide if it would have found the facts of the case differently. Alfortish v. … No amount paid as a penalty under this Subsection shall be included in any formula utilized to establish premium rates for workers’ compensation insurance.

McLaughlin v. Fireman's Fund Ins. Co.

582 So. 2d 203 · Louisiana Court of Appeal · Jun 5, 1991

This factual finding is not clearly wrong. The answer to the question of whether Glasper failed to yield the right-of-way is one where we find the jury to be clearly wrong. … Trooper Blunschi was qualified as an expert witness in accident reconstruction.

Coleman v. Deno

787 So. 2d 446 · Louisiana Court of Appeal · Apr 25, 2001

The Louisiana statutory scheme clearly distinguishes between the duties of hospitals and the duties of physicians. … In circumstances, such as the instant case, where the plaintiff clearly did not expect or intend to recover excess damages from the LPCF [Fund]—and especially where, as here, the settlement with the qualified health care

FIDELITY AND CASUALTY COMPANY OF NY v. Clemmons

198 So. 2d 695 · Louisiana Court of Appeal · Apr 17, 1967

In numerous cases the appellate courts of our state have held that a judgment so rendered is nevertheless immune to an action of nullity. Landry v. Bertrand, 48 La.Ann. 48 , 19 So. 126 ; Conery v. … inadvertence or incompetency, we can offer only the consolation that appellant must bear the loss for the sake of that stability which is indispensable to a well ordered society in which personal and property rights, once established

Thomas v. Richard

624 So. 2d 962 · Louisiana Court of Appeal · Oct 6, 1993

First, the provision grants civil immunity to no haulers of cargo of any type. … Taken in this vein, the facts as established do not negate the possibility of negligence on the part of defendants, cf. Green v.

Thomas v. Missouri Pacific RR Co.

451 So. 2d 1152 · Louisiana Court of Appeal · May 17, 1984

The trial court erred in adjudging the defendant railroad free from fault, when the evidence clearly established that the railroad was in violation of its own 20 m.p.h. speed limit by traveling at a speed of at least 35 m.p.h … ., and when the evidence also clearly established that a warehouse constituted a serious obstruction to visibility at the grade crossing in question. 2.

Willie James Jones, Stephanie Jones Thomas, and Cassandra Denise Jones O/B/O Rosemary G. Jones v. The Estate of Lawson J. Schuford, Jr., and Horace Mann Companies

Louisiana Court of Appeal · Apr 1, 2026

Regarding the cause of the fire, the plaintiffs contend the investigation and report done by Bunton conflicted with that done by Stephens, who they claim is not a qualified expert. … Under the policy, Jones qualifies as a domestic employee because she was hired by either the deceased or an authorized agent for the estate of his household to provide familial around-the-clock care.

CONTRACTORS SUPPLY v. J. Caldarera & Co.

98 La.App. 5 Cir. 1010 · Louisiana Court of Appeal · Mar 30, 1999

There were no documents presented to establish the sale of materials to the defendant. The court was not presented with an agreement signed by the defendant to pay for freight. … It is the opinion of this Court that the trial court was not "manifestly erroneous" or "clearly wrong" in its award of damages to the plaintiff.

Brasseaux v. TOWN OF CHURCH POINT

6 La.App. 3 Cir. 1390 · Louisiana Court of Appeal · Mar 7, 2007

Defendants specifically pled the affirmative defense of qualified immunity from suit. Following a bench trial, the trial court found in favor of all Defendants. … Only Plaintiff's self-serving testimony was presented in his attempt to establish his claim of excessive force. The trial court decided to accept Officer Vige's account of the incident.

Brannan v. Talbot

691 So. 2d 848 · Louisiana Court of Appeal · Apr 2, 1997

During its regular 1993 session, the Louisiana legislature qualified La.C.C. art. 189, by enacting Act No. 32, now La.R.S. 9:305, effective August 15, 1993. … To justify a preliminary injunction, the applicant must establish the likelihood of irreparable injury by clear and convincing evidence. Lighthouse Life Ins. Co., Inc. v.

Netherland v. Ethicon, Inc.

813 So. 2d 1254 · Louisiana Court of Appeal · Apr 5, 2002

C.C. art. 3467 states that "prescription runs against all persons unless exception is established by legislation." In spite of the clear language of La. … Accordingly, with Netherland's claim clearly prescribed on its face, we vacate the ruling of the trial court and remand the case for a continuation of the trial on the exception of prescription at which time Netherland may

Castiel v. Hegenbarth

539 So. 2d 931 · Louisiana Court of Appeal · Feb 16, 1989

Plaintiff relies upon the jurisprudence established in International Stevedores, Inc. v. … The affidavits and documents presented by both parties do not clearly establish the owners of the corporation.

Stanley R. Palowsky, III, Individually and on Behalf of Alternative Environmental Solutions, Inc. Versus Allyson Campbell

Louisiana Court of Appeal · Mar 30, 2022

Palowsky has alleged facts sufficient to establish any of these causes of action against Ms. … Though Judge Sharp clearly violated the Canons of Judicial Conduct, specifically Canon 3(A)(6), in the above stated acts, he has judicial immunity for civil damages for his participation in the acts alleged

Stablier v. City of Baton Rouge

393 So. 2d 148 · Louisiana Court of Appeal · Jan 26, 1981

The risk of falling into a hole while riding on presumably solid ground is clearly unreasonable. With these elements established, the City-Parish can only escape liability by showing that Mrs. … The articles establishing delictual responsibility in Louisiana are La.C.C. arts. 2315-2322.

Gallant v. Transcontinental Drilling Co.

471 So. 2d 858 · Louisiana Court of Appeal · Jun 12, 1985

While few rigs are perfectly plumb when erected, the amount of the leaning in this instance was clearly greater than the amounts ordinarily encountered. … In so holding, the court noted its belief that the legislative aim was to make use of the well-established division between intentional torts and negligence in the common law.

L.R.F. v. A.A.

133 So. 3d 716 · Louisiana Court of Appeal · Feb 26, 2014

The DNA test results from Chromosomal Labs filed in the record clearly reference L.R.F. as the donor of one of the samples tested by the laboratory. This argument is without merit. … The affidavit shall state in substance: (a) That the affiant is qualified as an examiner of blood or tissue samples for inherited characteristics, including but not limited to blood and tissue types, to administer the test

Priola Construction Corp. v. Profast Development Group, Inc.

9 La.App. 3 Cir. 342 · Louisiana Court of Appeal · Oct 7, 2009

An agreement would be required in order to establish a fiduciary relationship between a financial institution and a customer. … Id. at 627 . *461 | ^Louisiana Revised Statutes 6:1124 clearly provides that there is no fiduciary relationship between a bank and a third party unless agreed to in writing that a relationship of agency or trust exists between

ACCOUNTANTS'ASS'N OF LOUISIANA v. State

533 So. 2d 1251 · Louisiana Court of Appeal · Oct 27, 1988

These reports contained essentially the same language as the AICPA form, except that the phrase "in accordance with established standards" is substituted for the phrase "in accordance with standards established by the American … qualifies as a "generally applicable licensing provision limiting the class of persons who may practice the profession," and as such is not a limitation upon plaintiffs' freedom of speech.

Bowers v. Hardware Mutual Casualty Company

119 So. 2d 671 · Louisiana Court of Appeal · Mar 22, 1960

The evidence, in our opinion, clearly supports that conclusion. … No attempt was made to withdraw her statements or to qualify her testimony in any manner.

Jones v. American Fire-Indem. Ins. Co.

442 So. 2d 772 · Louisiana Court of Appeal · Nov 29, 1983

According to a stipulation entered into between the plaintiffs and Cameron's automobile liability insurer, Compass Insurance Company ("Compass"), the following pertinent facts were established: (1) Cameron, with its primary … place of business in Houston, is qualified to do business in Texas and Louisiana. (2) Cameron owns motor vehicles principally garaged and primarily utilized both in Texas and Louisiana.