Case law

Lpc v. Larrison Family Health Center

870 So. 2d 575 · Louisiana Court of Appeal · Apr 7, 2004

Sherlyn Bell Larrison, husband and wife, moved to Louisiana to establish a rural family medicine clinic in the community of Pierre Part. … The doctrine implies that the arbitrator appreciates existence of clearly governing Illegal principle but decides to ignore or pay no attention to it. Welch v. A.G.

Hidding v. Williams

578 So. 2d 1192 · Louisiana Court of Appeal · Apr 17, 1991

On this aspect of materiality some expert testimony is necessary because only a physician or other qualified expert is capable of judging what risk exists and the likelihood of its occurrence. … The materiality of the risk is clearly established. The consequent issue is whether this risk was adequately disclosed and consented to.

Thompson v. Frymire

255 So. 2d 443 · Louisiana Court of Appeal · Nov 10, 1971

The defendant herein, Kermit Frymire, qualified as her testamentary executor, and petitioners brought suit against him, also, asking an accounting from the succession of Amelia Robin Von Hofe Barger for the funds and revenues … establishing that such a bequest is not an absolute nullity, but is subject only to reduction.

State v. LeBlanc

517 So. 2d 951 · Louisiana Court of Appeal · Oct 7, 1987

Well, I don't claim to be a qualified property appraiser in that sense. … These photos were exhibited to the jury and clearly show extensive fire damage to the interior of the trailer.

Anderson v. BOARD OF SUP'RS OF STATE UNIV.

943 So. 2d 1198 · Louisiana Court of Appeal · Oct 17, 2006

I will permit counsel to conduct an evidentiary hearing with the witness so that the facts may be established. … Defendant contends that the jury's finding was reasonable and was not manifestly erroneous or clearly wrong.

Dickinson v. City of Minden

130 So. 2d 160 · Louisiana Court of Appeal · May 5, 1961

Sufficient is the observation it clearly appears from *163 the testimony of not only plaintiffs and their witnesses but from the testimony of the defendant's witnesses that erosion had set in before the City's improvement … impressed by the valid argument of counsel with respect to defendant's failure to call as witnesses the City Superintendent of Streets, the Commissioner of Streets, or any member of the construction crew who were particularly qualified

Meiners v. St. Tammany Fire Protection District 4 Board of Commissioners

31 So. 3d 1076 · Louisiana Court of Appeal · Jan 15, 2010

Obviously, the purpose of the statute is to establish the right of an appeal. … The constitutional right of individuals of access to the courts, provided in Art. 1, § 22 is clearly implicated in this case, and the jurisprudence as cited in Bowen, supra requires judicial review.

Landry v. Bill Garrett Chevrolet, Inc.

443 So. 2d 1139 · Louisiana Court of Appeal · Dec 9, 1983

Hicks, who qualified as an expert in mechanical engineering, testified in opposition to the relay rod defect theory. … There must be a further determination that the record establishes that the finding is not clearly wrong. Arceneaux, supra 1333 .

Walker v. Walker

832 So. 2d 1098 · Louisiana Court of Appeal · Dec 4, 2002

, we must find that a reasonable factual basis does not exist for the trial court's finding and that the record establishes that the finding is clearly wrong. [2] EXCHANGE OF INCOME INFORMATION Mr. … Thus, they do not qualify as an extraordinary expense to be allocated above the basic child support obligation. We reverse this part of the trial court's ruling. RETROACTIVITY Lastly, Mr.

Hutchinson v. BOARD OF ALDERMAN, ETC.

423 So. 2d 1229 · Louisiana Court of Appeal · Nov 10, 1982

Implicit in that decision was a determination that a "grandfather clause" regulating a purely economic activity neither establishes a suspect classification *1231 based on age, nor trammels on a fundamental right. … Clearly such an interest is legitimate, and the ordinance is rationally related to preventing this articulated evil. We must, therefore, presume its constitutionality.

Hebert v. Barry's Air Conditioning, Inc.

16 La.App. 3 Cir. 911 · Louisiana Court of Appeal · Aug 31, 2017

is clearly wrong (manifestly erroneous].” … Co., 08-926 (La.App. 3 Cir. 2/4/09) , 6 So.3d 860 (holding that the treating chiropractor was qualified as an expert to give her conclusion regarding causation). The trial court ruled that Dr.

In Re Medical Review Panel Proceedings for the Claim of David Parker v. University Medical Center - New Orleans

Louisiana Court of Appeal · Jan 23, 2023

When evidence is introduced, the trial court's factual findings on the issue of prescription generally are reviewed under the manifestly erroneous-clearly wrong standard of review. … Taquino and Parish Anesthesia, the Supreme Court, by implication, established the principle that once a request for review as to a defendant is deemed invalid and without effect due to the plaintiff's failure

State in Interest of Jw

1 La.App. 4 Cir. 0500 · Louisiana Court of Appeal · Nov 14, 2001

The record establishes that the abuse of JW's deceased sibling began no later than April of 2000 when hospital records show that she had bruising on her abdomen. … Nor do the facts of this case fit any of the other even more narrow exceptions qualifying for an assertion of a blanket privilege described in State v. Jordan, supra .

Tiger Well Service, Inc. v. Kimball Production Co.

343 So. 2d 1153 · Louisiana Court of Appeal · Mar 4, 1977

Weaver, a qualified expert in the metalurgy field, stated that his test revealed that the temperature of the weather, approximately 49 degrees, was such that the s teel (sic) at this point became brittle and actually broke … Tiger clearly did not violate any duty of skill or care under its contract with Kimball by using the workover rig in question which unknown to Tiger contained a hidden defect.

Benton v. Clay

123 So. 3d 212 · Louisiana Court of Appeal · Aug 7, 2013

Benton had her funds readily available, she did talk to personnel at the bank and was informed that she did not qualify for a loan. Ms. Benton alleged that Mr. … The evidence accepted as credible by the trial court clearly establishes an agreement to buy the property jointly and that Mr. Clay was aware that Ms. Benton had the money in hand to complete the purchase.

Afaf Rabee Versus Louisiana Department of Public Safety & Corrections and Saber Farhud C/W Jacqueline Eursin Versus Office of Risk Management; Louisiana Department of Public Safety & Corrections; Saber Farhud; Financial Indemnity Company and Afaf Rabee

Louisiana Court of Appeal · Nov 2, 2023

The trial court also stated that immunity statutes are to be strictly construed against the party claiming the immunity pursuant to Banks v. Parish of Jefferson, 08-27 (La. … R.S. 29:735 should be charged with a similar standard of care, especially if they are not operating a clearly marked and equipped emergency vehicle.

Batchelor v. Firestone Synthetic Rubber & Latex Co.

430 So. 2d 296 · Louisiana Court of Appeal · Apr 13, 1983

Clearly the two provisions dovetail and explain the reason why the disability retirement date is fixed as the first day of the seventh month following the date plaintiff first became totally and permanently disabled. … This arrangement presents a discernable scheme in which six months is allowed to establish this disability, and an additional month is allowed for processing and administrative requirements.

State ex rel. Department of Highways v. Smith

324 So. 2d 852 · Louisiana Court of Appeal · Dec 24, 1975

This witness’ testimony reflects quite clearly that the sales that he used were not comparables. … He used three comparable sales to establish value. These sales were located in the vicinity of the subject property.

State v. Mendoza

12 La.App. 5 Cir. 589 · Louisiana Court of Appeal · Mar 13, 2013

If the court suspects fraud, other testimony may be necessary to establish the extent of defendant’s ability to speak English. Id. … Reyes for competency or otherwise qualified him as an expert. Further, the trial court may have also based its finding that Mr.

Johnson v. City of Monroe

870 So. 2d 1105 · Louisiana Court of Appeal · Apr 7, 2004

Finally, and in the alternative, the City contends that it is entitled to immunity pursuant to La. R.S. 9:2798.1. … On appeal, facts are reviewed to determine whether the trial court's judgment was manifestly erroneous, clearly wrong based on the evidence, or clearly without evidentiary support. Hope, supra; LeBlanc v.