Case law

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

Willis v. Smith

999 So. 2d 1244 · Louisiana Court of Appeal · Jan 14, 2009

Kottle's expert testimony on grounds that he was not qualified in emergency medicine. Dr. … Under this standard, a factual finding cannot be set aside unless the appellate court finds that it is manifestly erroneous or clearly wrong. Salvant v.

Gremillion v. Department of Police

2013 La.App. 4 Cir. 0347 · Louisiana Court of Appeal · Oct 2, 2013

failed to establish by a preponderance of evidence that the violation impacted the efficient operation of the department.” … Accordingly, the appointing authority clearly had sufficient cause to impose a moderate penalty, in this case a fifteen day suspension.

Hinchee v. SOLOCO, LLC

971 So. 2d 478 · Louisiana Court of Appeal · Dec 5, 2007

Breach of Contract The plaintiff chiefly contends that the trial court erred in finding that she failed to establish breach of contract. … Recall that the plaintiff's expert was not qualified to testify as to RECAP standards.

Ridley v. Employers Commercial Union Co.

312 So. 2d 126 · Louisiana Court of Appeal · Mar 10, 1975

The record clearly establishes the following facts and conclusions. Plaintiff was employed as a laborer for Thompson Packing Company, Inc. … The medical testimony of all experts clearly establishes there are no objective findings to support the complaints of the plaintiff that he is disabled to function as a laborer.

Board of Directors of the Louisiana Recovery District v. All Taxpayers, Property Owners, & Citizens of the Louisiana Recovery District

529 So. 2d 401 · Louisiana Court of Appeal · Jun 15, 1988

This course of action is clearly authorized in Smith v. … Parish of East Baton Rouge, 510 So.2d 1 (La.1987) clearly support a remand of this case to the trial court. Defendant should be given an opportunity, if *406 possible, to establish her standing.

Ortiz v. Meadwestvaco Corp.

274 So. 3d 158 · Louisiana Court of Appeal · Jun 5, 2019

The undisputed facts herein establish that eight employees of JVI filed suit against MWV beginning in March 2009, alleging bodily injury sustained during their work at the MWV refinery in April and June of 2008. … Clearly, MWV did not comply with the conditions precedent recited above. "Courts have generally reviewed compliance with insurance policy provisions as a condition precedent to recovery." Lee v. United Fire & Cas.

Price Farms, Inc. v. McCurdy

42 So. 3d 1099 · Louisiana Court of Appeal · Jul 7, 2010

Collins, 628 So.2d 1254 (La.App. 3d Cir.1993). | sLouisiana Civil Code Article 1927 discusses the consent required for the formation of a contract as follows: A contract is formed by the consent of the parties established … On the other hand, a third person’s eyewitness account of the making of the contract qualifies as corroborating evidence. Dennis Miller Pest Controls, Inc. v.

State v. Thibodeaux

728 So. 2d 416 · Louisiana Court of Appeal · Nov 18, 1998

Evidence submitted by petitioner during the hearing was insufficient to establish a prima facie case of discrimination. … venire, or the percentage of minority members in the general population qualified to serve on the grand jury.

Harris v. Wright Furniture of Gonzales

527 So. 2d 1063 · Louisiana Court of Appeal · Jun 21, 1988

Louisiana Code of Civil Procedure article 1735 and article 1736, 2 establish the general rule that a demand for a trial by jury will result in a trial by jury of all issues. … Until we can establish the fact, then I don’t think that he is going to be qualified to say anything that even resembles a medical opinion. He can say what they did to him, but not why.

McCarter c. Lawton

2009 La.App. 4 Cir. 1508 · Louisiana Court of Appeal · Jul 21, 2010

Lawton’s specialty or have knowledge of that area and are qualified to testify. Abdullah v. Simmons, 98-9564, p. 4 (La.App. 4 Cir. 9/13/00), 772 So.2d 698, 701 . … Although dilation was established as a necessary procedure for the standard of care, the evidence as a whole clearly shows that dilation alone is not sufficient to establish the standard of care.

Harrington v. Bell

273 So. 3d 357 · Louisiana Court of Appeal · May 3, 2019

Bell asserts that no statute sets the time for establishing residence. … In the event that the qualifications for an office include a residency or domicile requirement, a candidate shall meet the established length of residency or domicile as of the date of qualifying, notwithstanding any other

Nolen v. Union Carbide Corp.

432 So. 2d 302 · Louisiana Court of Appeal · May 17, 1983

substance indicating that the district court judgment was clearly wrong. … Gazardo felt qualified to answer the question, and he did.

Burandt v. Pendleton Memorial Methodist Hospital

123 So. 3d 236 · Louisiana Court of Appeal · Aug 7, 2013

The LMMA and its limitations on tort liability for a qualified health care provider apply only to claims “arising from medical malpractice;” all other tort liability on the part of the qualified health care provider is governed … Clearly no *245 expert medical evidence is required to determine that people who did not evacuate for the hurricane would suffer adverse consequences, such as lack of food, water, injury and possibly death.

Cavalier v. Rivere's Trucking, Inc.

897 So. 2d 38 · Louisiana Court of Appeal · Sep 17, 2004

Such overwhelmingly expansive coverage was clearly not intended by the parties to the insurance contract." Adams , 32,728 at p. 7, 753 So.2d at 421 . … Clearly, this argument has no merit.

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.

Poissenot v. St. Bernard Parish Sheriff's Office

2009 La.App. 4 Cir. 0636 · Louisiana Court of Appeal · Nov 24, 2009

“In worker’s compensation cases, the appropriate standard of review to be applied by the appellate court to the OWC’s findings of fact is the ‘manifest error-clearly wrong’ standard.” MacFarlane v. Schneider Nat. … Poissenot could not: carry a gun; qualify with a weapon; go into cells; or provide backup to other deputies whenever the juveniles at the detention center got into altercations. Indeed, Corp.

DiBenedetto v. Automotive Casualty Insurance Co.

638 So. 2d 385 · Louisiana Court of Appeal · May 31, 1994

It is clearly stated that 100 percent must pass. Given the rest of the specifications in the Gold Book, we find that had a lesser amount been deemed acceptable, a lower acceptance parameter would have been established. … The court held that the ceiling contravened the constitutional proscription against sovereign immunity contained in La. Const, art. XII, § 10.

State v. Jordan

522 So. 2d 1179 · Louisiana Court of Appeal · Mar 10, 1988

The first, third and fourth elements were clearly established. … Dilworth, 358 So.2d 1254 (La.1978), the defendant objected to the testimony of owners of an antique fence and of an antique dealer regarding the value of the fence because they were not qualified as experts.

Foster v. Manville Forest Products, Inc.

554 So. 2d 736 · Louisiana Court of Appeal · Dec 6, 1989

Plaintiff alleged that as a result of the work-related injury he was totally and permanently disabled from doing any work for which he was qualified and would never be able to regain employment as a laborer. … Plaintiff's testimony as to his job requirements as a double-back operator established that the job duties were rigorous.