Case law

Webb v. STATE, DEPT. OF INSTITUTIONS

91 So. 2d 156 · Louisiana Court of Appeal · Nov 26, 1956

The State waived its Sovereign immunity and allowed itself to be sued by Act 163 of 1954. … State's immunity for liability for the negligence of its employees.

Leon Greenblatt v. Sewerage & Water Board of New Orleans, B&K Construction Co., LLC, Cajun Constructors, LLC, Linfield, Hunter & Junius, Inc. and Boh Bros Construction Co., LLC

Louisiana Court of Appeal · Dec 20, 2019

the finding is clearly wrong (manifestly erroneous). … At the outset, we note that “trial court is afforded wide discretion in determining whether expert testimony should be admitted and who should or should not be qualified as an expert;” thus, “the decision to qualify an

Black v. McDermott Intern. Inc.

692 So. 2d 724 · Louisiana Court of Appeal · Apr 2, 1997

Gervais Favrot Co., Inc., 537 So.2d 381 (La.App. 4 Cir.1988), this court held that LSA-R.S. 23:1061 must be read disjunctively and the employer qualifies for the two-contract defense if he proves the existence of a general … The two-contract defense is established in our caselaw which is binding upon us unless altered by the Supreme Court's Kirkland decision.

Herrin v. Perry

215 So. 2d 177 · Louisiana Court of Appeal · Oct 31, 1968

In Hamilton, the grounds of the plea of immunity was the previously well established rule that an action ex delicto does not lie against a municipality for an offense committed by its employees while engaged in the performance … We discussed the question of whether the 1960 amendment to Article 3, Section 35 of the Louisiana Constitution established a general waiver of immunity. We noted particularly the case of Pittman Construction Company v.

Reed v. Yor-Wil, Inc.

406 So. 2d 236 · Louisiana Court of Appeal · Oct 12, 1981

The Louisiana Supreme Court clearly rejected conclusionary allegations in Bazley, and required allegations of material facts to state a cause of action. … R.S. 23:1032, thereby losing the immunity from tort liability; (b) the immunity from tort liability granted an employer by La.

Kuebel v. Department of Wildlife & Fisheries

2008 La.App. 4 Cir. 1018 · Louisiana Court of Appeal · Apr 15, 2009

NICTD conceded that the ITCA provided qualified consent for suits against the state. Id. at 540 . … Lyles, 797 So.2d 432, 438 (Ala.2001)(holding that the state of Alabama was immune from suit for FELA claims and that the state constitution definitively established that sovereign immunity was not waived). 12 .

Delone v. Odom

561 So. 2d 1015 · Louisiana Court of Appeal · May 16, 1990

La.R.S. 23:1032 establishes worker’s compensation as an employee’s exclusive remedy against his or her employer for on-the-job injuries unless those injuries resulted from an intentional act. … We conclude that since the first paragraph of La.R.S. 23:1032 provides clearly a rule of general tort immunity under which liability for all nonintentional acts falls within the purview of the compensation act, the second

Md v. State, Dept. of Social Services

943 So. 2d 471 · Louisiana Court of Appeal · Sep 1, 2006

STATUTORY IMMUNITY In Todd v. … Thus, although OCS and its employees may be entitled to the qualified immunity set forth in La. Ch. C. arts. 611 and 612 and La. R.S. 9:2798.1, there is no such immunity if gross negligence is alleged and proven.

Livingston Parish Police Jury v. Acadiana Shipyard

563 So. 2d 394 · Louisiana Court of Appeal · May 30, 1990

We reach this conclusion because of the nature of the sovereign immunity defense. It is well established that the United States, as sovereign, is immune from suit except to the extent that it consents to be sued. … Furthermore, the cases establish that only Congress may waive the sovereign immunity of the United States.

Thomas v. Louisiana Casino Cruises, Inc.

2003 La.App. 1 Cir. 1937 · Louisiana Court of Appeal · Jun 25, 2004

To defeat a motion for summary judgment against an employment disability claim, the claimant must establish a prima facie case that: (1) he has a disability, as defined by the statute, (2) he is qualified for the job, and … Thomas failed to establish that (1) working outdoors as a casino security guard in 1997 qualified as a separate major life activity or (2) his physical impairment substantially limited his ability to work in general.

Courville v. City of Lake Charles

720 So. 2d 789 · Louisiana Court of Appeal · Oct 28, 1998

It is only then that this court should address the issue of qualified immunity. See id. As we appreciate his argument, Mr. … Courville regarding qualified immunity are moot, and we will not address those issues.

Plaisance v. Allstate Insurance Co.

8 La.App. 3 Cir. 566 · Louisiana Court of Appeal · Nov 5, 2008

Under Louisiana jurisprudence, damages for lost wages may be established by any proof which reasonably establishes the claim, including the plaintiffs own reasonable testimony. … While claims for past lost wages must be established with some degree of certainty, they need not be proven with mathematical certainty, but only by such proof as reasonably establishes the plaintiffs claim.

Foret v. Terrebone, Ltd.

621 So. 2d 855 · Louisiana Court of Appeal · Jun 29, 1993

He was recognized by the trial court has having previously qualified as an expert in safety design and mechanical engineering and was tendered and accepted as such. … The record as reviewed above establishes that the plaintiff here has clearly complied with that requirement and the judgment appealed from will, therefore, be affirmed. AFFIRMED.

Lambert v. State

912 So. 2d 426 · Louisiana Court of Appeal · Sep 30, 2005

Immunity Under the Recreational Use Statutes In determining whether a defendant is afforded immunity under the recreational use statutes, the Louisiana Supreme Court has established a three prong test. … It is an established principle that legislative grants of such rights, powers, privileges, immunities or benefits as against the general public, as distinguished from a right against some other party, should be construed

Stoll v. Stich

14 La.App. 5 Cir. 261 · Louisiana Court of Appeal · Dec 16, 2014

Stoll’s petition includes allegations of all five of the essential elements of a defamation action, and he has thus clearly stated a cause of action for defamation. … Witness immunity, in general, is also an absolute privilege because the privilege protects the witness from civil suit regardless of malice or falsity. Marrogi v. Howard, 01-1106 (La.1/15/02), 805 So.2d 1118, 1125 .

Ernest v. Petroleum Service Corp.

2002 La.App. 1 Cir. 2482 · Louisiana Court of Appeal · Nov 19, 2003

The original bill was intended to clarify the judicially established standard for determining statutory employer/employee status by legislatively establishing guidelines for this determination. … Paragraph (3) clearly provides that the statutory employee relationship shall not exist unless there is a written contract.

Syzygy Construction, LLC v. McKey

2014 La.App. 4 Cir. 745 · Louisiana Court of Appeal · Dec 10, 2014

Clearly, McKey presents nothing to dispute the fact that Mason had experience with SIP construction and that Syzygy was licensed to construct her home. … When the LLC statutes were enacted, “professional” had a clearly defined technical meaning within the law of business entities. See James S. Holliday, Jr., & H.

Bell v. Farmer's Ins. Group

635 So. 2d 1305 · Louisiana Court of Appeal · Apr 14, 1994

This is consistent with the deposition of William Hartman. [3] It is also an established fact that Bell and Dockery's route to Vicksburg via New Orleans was approved by LLNL and, actually resulted in a cost benefit to their … Clearly, omnibus coverage is not provided to the owner of a hired automobile, i.e. in this case, National Car Rental.

Farber v. Bobear

2010 La.App. 4 Cir. 0985 · Louisiana Court of Appeal · Jan 19, 2011

Arceneaux argued that, as an employee of the LSBME, she is immune from liability for defamation under La.Rev.Stat. § 37:1287(A). We agree with Ms. … However, plaintiff was clearly reprimanded for “clinical mismanagement” and “inappropriate prescriptions of Lincocin.”

Cheatham v. Cox

642 So. 2d 323 · Louisiana Court of Appeal · Aug 30, 1994

As the trial court noted in reason’s for judgment, Cheatham’s petition affirmatively establishes Dr. Cox’s immunity from suit. In Charia v. … Clearly then, appointed psychologists are nonjudicial persons fulfilling quasi-judicial functions and are classified as officers of the court with functions intimately related to the judicial process.