Case law

Kippers v. Corcoran

707 So. 2d 463 · Louisiana Court of Appeal · Jan 27, 1998

Further, the doctor established that he had knowledge of this particular procedure through education, training and experience. … Walker was qualified to testify as an expert witness in this case. La. R.S. 9:2794 provides: A.

Major Transports, Ltd. v. Courville

493 So. 2d 109 · Louisiana Court of Appeal · Jun 2, 1986

The testimony at trial also showed that Goldrus has discontinued paying a per diem allowance because there is no longer a shortage of manpower in the industry. * * * * * * "The Court finds that evidence in this case clearly … We agree particularly with the trial judge's conclusion that the per diem allowance was intended as an inducement to attract qualified employees.

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.

Keller v. Thompson

121 So. 2d 575 · Louisiana Court of Appeal · May 23, 1960

This proposal was rejected by plaintiffs on the recommendation of the engineer, who was of the opinion defendant’s men were not qualified by training or experience to do this character of work. … From the allegations of the petition, it clearly appears defendant fully recognized the necessity for the repairs, as alleged by plaintiff, or a new roof.

Andrews v. Pine Hill Wood Co.

426 So. 2d 196 · Louisiana Court of Appeal · Jan 24, 1983

While the events surrounding the injury clearly attest to the severity of the original impact, we are, in analyzing the disability issue, particularly impressed by Mr. … Hull's area of specialization makes him more especially qualified than the other testifying doctors to analyze the medical problems here at issue: as a rhuematologist, Dr.

Young v. Supplier Services, LLC

13 La.App. 3 Cir. 670 · Louisiana Court of Appeal · Apr 2, 2014

The WCJ’s decision to award penalties and attorney fees is another factual finding subject to the manifest error or clearly wrong standard of review. Warren v. … The statute never qualifies the usage of such tests for purposes of presumptions; it explicitly states that such tests may not be used for any disqualification.

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.

Wiley v. City of New Orleans

809 So. 2d 151 · Louisiana Court of Appeal · Jan 30, 2002

Defendant, the City of New Orleans, appeals the application of the law of evidence at trial and alleges the evidence was insufficient to establish negligence by a preponderance of the evidence. … It is a well-settled principle that an appellate court may not set aside a trial court's finding of fact unless it is clearly wrong.

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.

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

Roberts v. New Orleans Symphony

883 So. 2d 452 · Louisiana Court of Appeal · Sep 1, 2004

Yet, UPS also sought to benefit from the statutory immunity in La. R.S. 23:1032. … The facts and circumstances in the case at hand are clearly distinguishable from those in Johnson .

Dufour v. River City Management, Inc.

6 La.App. 3 Cir. 1487 · Louisiana Court of Appeal · Nov 28, 2007

No amount paid as a penalty under this Subsection shall be included in any formula utilized to establish premium rates for workers' compensation insurance. … Clearly, the statute, when read as a whole, was intended to apply to nonpayment of a judgment by employers and their insurers.

Texas Gas Transmission Corp. v. Broussard

177 So. 2d 145 · Louisiana Court of Appeal · Jul 1, 1965

See 101 So.2d 659 : “* * * [T]he record clearly shows that the instant tracts, while presently being used for farming and grazing purposes, are appropriate and desirable for small acreage home sites and camp sites (from one … independent real estate brokers (one of whom, Dwight Andrus, is also a prominent real estate developer, recognized even by the plaintiff’s witnesses as being most familiar with land values in the area and stipulated to be a qualified

Bentley v. Bentley

440 So. 2d 1362 · Louisiana Court of Appeal · Nov 9, 1983

A trial court's determination of fact will not be upset on appeal unless it is "clearly wrong". Arceneaux v. Domingue, 365 So.2d 1330 (La.1978). … He recommended that they be reunited in order to establish appropriate sibling relationships in a nurtured, emotionally supportive but consistently structured environment.

Breaux v. Texas & Pacific Railway Co.

147 So. 2d 693 · Louisiana Court of Appeal · Dec 14, 1962

In the Brown case the Supreme Court clearly held that pursuant to Act 30 of 1960 and LSA-C.C.P. Article 1111, the initial defendant was entitled to implead his alleged tort feasor. … They are, therefore, immune to liability for the debts of the succession they have inherited and are entitled by such acceptance merely to the net estate of their said ancestor, if any.

Zachary Marcade Versus New York Marine and General Insurance Company and Nola Motor Club, L.L.C.

Louisiana Court of Appeal · Oct 4, 2023

On the parental consent form, ST’s father acknowledged: I know the nature of the EVENT(S) and the Minor’s experience and capabilities, and believe the Minor to be qualified to participate in the … Marcade could not claim the exception to immunity provided by La.

State v. Grant

954 So. 2d 823 · Louisiana Court of Appeal · Apr 4, 2007

and practical experience to have been qualified as an expert by the trial court. … The burden of proof of the intent to distribute was clearly set forth in State v.

Guillory v. United States Fidelity & Guaranty Co.

401 So. 2d 543 · Louisiana Court of Appeal · Jun 30, 1981

In the present case, we conclude *548 the trial judge was clearly wrong in finding as a fact that the presumption of causal connection between the accident and the disability was not rebutted by the unanimous highly qualified … As stated above, all of the expert medical opinion, including that of the highly qualified treating physician specialist, Dr. Helm, a specialist in internal medicine, Dr.

Meredith v. Ieyoub

672 So. 2d 375 · Louisiana Court of Appeal · Apr 4, 1996

Appellees, in their capacity as independent oil men and members of LIOGA, a trade association established to protect their interests, fear they may be called upon to defend potentially groundless claims as targets of an environmental … Upon careful review of this matter, we find at the outset that the trial court was correct in its determination that the Attorney General, by virtue of the broad powers conferred upon him by Article IV, § 8 [5] , clearly

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