Case law

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.

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.

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.

Cooper v. City of New Orleans

780 So. 2d 1158 · Louisiana Court of Appeal · Feb 14, 2001

Conclusory allegations do not carry the plaintiff's burden to establish numerosity. Lewis v. Roemer, 94-0317 (La.App. 4 Cir. 9/29/94) , 643 So.2d 819, 822 . Mr. … As revealed by the purpose statement above, City Ordinance 18637 clearly qualifies as a "provision of the tax laws in relation to" the payment of any tax found due.

State ex rel. K.M.

2013 La.App. 4 Cir. 0306 · Louisiana Court of Appeal · Jul 23, 2014

McKay’s prior statement would not have qualified as “not hearsay,” since she was not under oath and subject to cross-examination when she made it to the officer at the scene. … McKay’s statement to Officer Phipps on the night of the incident that she was in fear of her safety qualifies as non-hearsay under article 801 D(l)(a). Ms.

State v. Jackson

629 So. 2d 1374 · Louisiana Court of Appeal · Dec 22, 1993

First, defendant claims the state failed to establish a foundation for its introduction. However, Officer Perry and lab technician Susan Rutledge clearly identified the document and their handwriting thereon. … Earlier, the lab technician established the total weight of the cocaine.

State ex rel. Department of Highways v. Gras

141 So. 2d 35 · Louisiana Court of Appeal · Jan 31, 1962

Such a conclusion was clearly predicated upon all the evidence. … Our examination of the record convinces us that all of the experts who testified were well qualified.

Nichols v. Tall Timber Lumber Co. of Louisiana

145 So. 691 · Louisiana Court of Appeal · Feb 6, 1933

The qualifying word “express” does not appear in the exhaustive opinion. … We think it the better and safer policy to follow decisions already rendered, not clearly erroneous until overruled by the higher court.

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.

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.

State v. Cummings

57 So. 3d 499 · Louisiana Court of Appeal · Jan 26, 2011

When the direct evidence is thus viewed, the facts established by the direct evidence and inferred from the circumstances established by that evidence | fimust be sufficient for a rational trier of fact to conclude beyond … The present case clearly falls within the circumstances enumerated in La. R.S. 15:529.1, which mandate a sentence of life imprisonment for a fourth felony offender.

Perdue v. Cruse

9 La.App. 3 Cir. 1446 · Louisiana Court of Appeal · Jun 2, 2010

There exists a passageway that was fixed by LaCroix and Mills and that is still clearly identifiable. … ANALYSIS The right of passage is a legal servitude established by law for the benefit of owners of enclosed estates.

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.

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.

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.

Bordelon v. Safeway Ins. Co.

380 So. 2d 1379 · Louisiana Court of Appeal · Feb 6, 1980

Plaintiff testified at the trial that Dewanda's father is deceased and that she had not qualified as the child's natural tutrix in accordance with LSA-C.C.P. Art. 4061. … The extreme circumstances giving rise to the court's decision in that case are clearly not present in the instant one.

TOWN OF BRUSLY v. Grady

11 So. 3d 1246 · Louisiana Court of Appeal · Jun 19, 2009

is clearly wrong or manifestly erroneous. … Applying the applicable zoning ordinance sections to the record before us, we cannot say that a reasonable basis for the finding of the trial court does not exist or that the record establishes that the fact finder is clearly

White v. Glen Retirement System

195 So. 3d 485 · Louisiana Court of Appeal · Apr 27, 2016

The allegations and evidence presented on the exception of prematurity established the following facts. … The trial court could therefore reach thé conclusion of no intentional tort as a ‘factual assessment which is not clearly wrong.

Greenlee v. State ex rel. Department of Transportation & Development

98 La.App. 1 Cir. 2522 · Louisiana Court of Appeal · Feb 18, 2000

that the finding is clearly wrong (manifestly erroneous). … James Clary was qualified as an expert in highway design, highway safety, and highway signing. According to Clary, the dip in the roadway at the base of the Bayou Manchac bridge was caused by soil subsidence. J.B.

CNA Insurance Co. v. Nutone Corp.

461 So. 2d 518 · Louisiana Court of Appeal · Dec 12, 1984

The testimony at trial clearly showed that the sole cause for the failure of the heat and smoke detectors at the time of the fire was that they were improperly installed by Scott. … The evidence at trial established that Scott’s scope of authority was clearly delineated by Nutone. Scott’s sole responsibility to Nutone was to do in-warranty repair work on Nutone products in the designated area.