Case law

GUARANTEE SYSTEMS CONST. v. Anthony

728 So. 2d 398 · Louisiana Court of Appeal · Sep 25, 1998

The appellate court determines that the record establishes that the finding is clearly wrong (manifestly erroneous). Stobart v. State, Through Department of Transportation and Development, 617 So.2d 880, 882 (La.1993). … The decision to qualify him as an expert is clearly within the trial court's great discretion and should not be disturbed.

Guy v. Mitchell

810 So. 2d 1245 · Louisiana Court of Appeal · Mar 1, 2002

Instead, the employee clearly was acting on personal motivations. Similarly, in Eichelberger v. … However, the court found that the assault was clearly motivated by the nursing assistant's desire to further her personal interest.

Schelmety v. Yamaha Motor Corp., USA

193 So. 3d 194 · Louisiana Court of Appeal · Apr 13, 2016

First, plaintiffs elaims against the driver, James Johnson, are not covered because Johnson does not qualify as an insured under either policy since he is not a relative of the Smiths nor is he a resident of their home. … Clearly Safeco did not intend with this homeowners’ policy to give the Smiths.coverage for the Rhino except upon an insured location as set forth in the policy.

Ainsworth v. Association Life Insurance Co., Inc.

325 So. 2d 708 · Louisiana Court of Appeal · Mar 16, 1976

Ainsworth then qualified as a dependent under the terms and conditions of the policy and was covered by the policy. On April 10, 1973 Mrs. Ainsworth obtained a judgment of separation from bed and board. … We conclude that the phrase "coinciding with or next following" clearly modifies "day", and that Mrs.

Rowe v. State Farm Mut. Auto. Ins. Co.

95 La.App. 3 Cir. 669 · Louisiana Court of Appeal · Mar 6, 1996

on the evidence, or clearly without evidentiary support." … The record clearly establishes that plaintiff is entitled to past medicals incurred to treat his lumbar disc injury. These include the expenses associated with the treatment of plaintiff by Dr. John Humphries and Dr.

Gibson & Associates, Inc. v. State, Department of Transportation & Development

2010 La.App. 1 Cir. 1696 · Louisiana Court of Appeal · May 18, 2011

’s were above the established threshold of the preconstruction estimate for the project. … Additionally, we note that the qualifying party through the Louisiana Contractor's Licensing Board for both companies is James Baker.

Simmons v. West

697 So. 2d 688 · Louisiana Court of Appeal · Jun 18, 1997

When the alleged negligence of a specialist is at issue, only those qualified in that specialty may offer expert testimony and evidence of the applicable standard of care. Cox v. … medical specialty, and must then establish a causal relationship between the alleged negligent treatment and the injury sustained.

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.

McNamara v. Greater New Orleans Biosciences Economic Development District

2015 La.App. 4 Cir. 0748 · Louisiana Court of Appeal · Feb 3, 2016

The “Term” of employment was established in the Employment Agreement as: 2. TERM. … The BioDistrict relies on the phrase “contingent upon the availability of funding” to establish that there was no renewal because there were no funds to pay Mr.

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.

Dent v. Perkins

629 So. 2d 1354 · Louisiana Court of Appeal · Dec 16, 1993

be established between the alleged negligent treatment and the injury sustained. … The findings are clearly supported by the record. While Dr.

Armstrong Airport Concessions v. K-Squared Restaurant, LLC

2015 La.App. 4 Cir. 0375 · Louisiana Court of Appeal · Oct 28, 2015

to operate the business, that it be a duly qualified DBE, and that it be pre-approved as a successor operator by the Board and by the New Orleans City Council. … And if the Airport wanted to — their [sic] seeking to establish that any default by either of Mr. Kirksey’s restaurants is a default by all of them. They could have said it.

George v. Petitjean

229 So. 2d 444 · Louisiana Court of Appeal · Dec 18, 1969

Thomas Henry Casanova, Board Qualified Ear, Nose and Throat specialist. … The trial court found that the evidence clearly and without contradiction demonstrated that there was no causal connection between the extraction of the lower molar tooth and the condition for which damages are claimed.

Charouleau v. CHARITY HOSPITAL OF LA. AT NEW ORLEANS

319 So. 2d 464 · Louisiana Court of Appeal · Nov 25, 1975

Murray Diamond, in an attempt to establish that Charity's admission procedures were clearly below community standards. … Accordingly, we find no abuse of the trial court's wide discretion to determine if a witness is qualified to give expert testimony. Bonilla v. Arrow Food Distributors, Inc., 202 So.2d 438 (La.App. 4 Cir. 1967).

Michael Mitchell v. City of Natchitoches

Louisiana Court of Appeal · Mar 30, 2022

As the owner of the land in question, the immunity clearly applies, as noted in Raymond, 305 So.3d 1027. See also Benoit v. … He testified that it was daylight and he was clearly and carefully looking where he was stepping.

Clark v. DEPT. OF PUBLIC SAFETY & CORR.

716 So. 2d 1 · Louisiana Court of Appeal · Feb 20, 1998

Givens in 1965 was clearly for the renewal of a license, not the initial issuance of a license. On the application, there are two boxes marked "New" and "Renewal." … R.S. 32:424 provides as follows: The department, having good cause to believe that a licensed driver or chauffeur is incompetent or otherwise not qualified to be licensed, may upon written notice of at least ten days to the

Adams v. Ross

300 So. 2d 192 · Louisiana Court of Appeal · Jun 28, 1974

Leblanc, clearly establishes actionable negligence on the part of Mr. Ross. Mr. … As qualified by this per curiam, the original opinion is reinstated.

Bridges v. Reliance Ins. Co.

410 So. 2d 1243 · Louisiana Court of Appeal · Feb 3, 1982

Don Hicks of Conroe, Texas an employee of I.N.S., Inc., and an experienced fraud and fire investigator were both qualified as expert witnesses and both testified that in their expert opinion this was a classic example of … Commercial Union Insurance Company, 376 So.2d 113 (La.1979) our Supreme Court stated the applicable law as follows: "By raising the affirmative defense of arson, the insurer has the burden of establishing, by convincing proof

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 v. Lutz

235 So. 3d 1114 · Louisiana Court of Appeal · Nov 1, 2017

defendant’s acts were a clearly “contributing cause” of death. … Boudreaux was qualified to render an opinion based on the photographs in evidence.