Case law

Harper v. Garcia

739 So. 2d 996 · Louisiana Court of Appeal · Aug 18, 1999

Anderson's testimony because he was not qualified to show how the force of impact injured Harper and presented unreliable testimony. … To recover, a plaintiff must show proof to reasonably establish her claim. Id. The trial judge denied Harper's claim based not only upon the testimony of Dr.

Edelen v. Zurich Insurance

165 So. 2d 576 · Louisiana Court of Appeal · Jun 10, 1964

The essential facts were established without serious controversy. Mrs. … Persons with knowledge of the characteristics and dispositions of horses and who have had experience in handling them, know that regardless of their gentleness they never become absolutely immune from fright. Smith v.

Succession of Dorand

94 La.App. 4 Cir. 1627 · Louisiana Court of Appeal · Jul 26, 1995

The trial court qualified Diemes as an expert in appraisal of stock and succession procedures. Diemes valued the stock using a “liquidation” approach. … Diemes was peculiarly qualified by previous experience to testify as to the valuation of stock in closely-held corporations for purposes of establishing values for successions proceedings.

Kramer v. State Board of Veterinary Medical Exam.

55 So. 2d 93 · Louisiana Court of Appeal · Nov 15, 1951

The respondent Board was established by Act 202 of the Louisiana Legislature of 1908, LSA-R.S. 37:1511 through 37:1530. … "Clearly, we think, the members of the Board of Examiners have misconceived their duty, power, and responsibility.

KPW ASSOCIATES v. SS Kresge Co.

535 So. 2d 1173 · Louisiana Court of Appeal · Nov 30, 1988

It also presented the testimony of Richard Griswold, who was qualified as an expert in civil engineering, and Winston Harald Clisham, who was qualified as an expert in the field of design, construction, reconstruction and … Clisham, established that after K-Mart's repairs, the remaining portions of the lot were in differing degrees of decay.

Baugh v. PARISH GOV'T RISK MANAGEMENT AGENCY

715 So. 2d 645 · Louisiana Court of Appeal · Jun 24, 1998

In order for Angela to qualify as a dependant at her age, she must be a full-time student at an accredited college or university. … Law and Discussion A default judgment must be confirmed by proof sufficient to establish a prima facie case. La.C.C.P. Art. 1702.

Bobby Simmons v. Roy Hughes, Jeffery Jackson and the City of Houma

Louisiana Court of Appeal · Nov 25, 2020

However, the immunity provided by La. … Once a public official raises the defense of qualified immunity, the burden rests on the plaintiff to rebut it. See Trantham v. City of Baker, 2010- 1695 ( La.

Ford Motor Credit Co. v. Jackson

47 So. 3d 558 · Louisiana Court of Appeal · Aug 11, 2010

On this showing, the court was clearly entitled to find Ms. Till was a “qualified person” under Art. 803(6). State v. Marston, supra; State v. Gordy, supra. … It is well settled that an appellate court may not disturb the district court’s finding of fact unless the record establishes that a factual, reasonable basis does not exist and the finding is clearly wrong or manifestly

Laird v. Laird

363 So. 2d 244 · Louisiana Court of Appeal · Sep 12, 1978

He is now interning at Charity Hospital to qualify as a psychiatrist. His monthly income has been reduced to his $700 salary from Charity Hospital and $1,000 from a disability policy, totaling $1,700. Mrs. … The $45 per month item listed as "Gifts", which she testified refers to birthday and Easter gifts, totaling $540 per year, clearly appears to be excessive especially in view of the fact that Dr.

Anderson v. Clements

284 So. 2d 341 · Louisiana Court of Appeal · Aug 7, 1973

All of the testimony clearly establishes that Washington returned to the premises with a butcher knife or meat cleaver held behind his back. … Mansur, [4] where the court stated the person in charge of an establishment, such as the one in this suit, has the duty to call the police in the face of danger in order to protect patrons of the establishment and that failure

Obafunwa Family v. Appeals Bureau

635 So. 2d 714 · Louisiana Court of Appeal · Apr 8, 1994

Obafunwa's earnings as a car salesman do not qualify as self-employment income, inasmuch as Social Security taxes are withheld from his earnings by his employer. Mr. … Obafunwa, the hearing officer properly concluded that the Obafunwas' combined income clearly exceeded income eligibility limits.

Pelitire v. Rinker

270 So. 3d 817 · Louisiana Court of Appeal · Apr 17, 2019

that she would be able to prove all of the necessary elements to establish her claim. … Next, the testimony of the parties establishes that Pelitire met Rinker prior to his employment with FELC.

Bordelon v. Cox Communications

5 La.App. 5 Cir. 40 · Louisiana Court of Appeal · May 31, 2005

In order to qualify for workers’ compensation benefits, the claimant has the burden of proving that he sustained a work-related accident. La. R.S. 23:1031. … Consequently, in order to avoid paying SEBs or to establish Bordelon’s earning capacity, Cox was required to prove that a suitable job was available.

Lynell Jackson Ross v. Dr. Frances Ralph Dauterive, Dr. Bruce Cleland, and East Baton Rouge Medical Center, LLC d/b/a Ochsner Medical Center - Baton Rouge

Louisiana Court of Appeal · Dec 2, 2020

Cleland answered the petition, maintaining that they were qualified healthcare providers entitled to the immunities and limitations of liability set forth in the Louisiana Medical Malpractice Act, and further, that they … It is well settled that a court of appeal may not set aside a trial court' s or a jury' s finding of fact in the absence of manifest error or unless it is clearly wrong, and where there is conflict in the testimony,

Redfearn v. Creppel

436 So. 2d 1210 · Louisiana Court of Appeal · Jun 3, 1983

We have reviewed the record in this regard and we are satisfied that the trial court was not clearly wrong in its finding. … We cannot say that this finding is clearly wrong.

State v. Jones

15 La.App. 5 Cir. 500 · Louisiana Court of Appeal · Dec 23, 2015

The State responded that defendant’s indigent status does not make him immune to the requirements of the law. In support of its position, the State cited State ex rel. Olivieri v. … The burden of clearly establishing unconstitutionality-rests upon the party who attacks the statute. . State v. Hair, 00-2694 (La.5/15/01), 784 So.2d 1269, 1274 .

Daspit v. Barber

786 So. 2d 962 · Louisiana Court of Appeal · Apr 11, 2001

In light of all of the evidence presented, the jury was not manifestly erroneous or clearly wrong in concluding that Mr. … To establish a "satisfactory proof of loss" in an uninsured motorist claim, the insured must establish that the insurer received facts which fully apprise the insurer that the owner of the other vehicle involved in the accident

Gautreaux v. Rheem Mfg. Co.

96 La.App. 4 Cir. 2193 · Louisiana Court of Appeal · Dec 27, 1996

Thus, on this showing, it has not been established as a matter of law that asbestos must be considered an "oxygen compound" within the context for former Subsection (d). … The reference to oxygen, nitrogen, and carbon and their compounds in the context of potential sources of occupational disease compensable under a workers' compensation *979 scheme was clearly intended to be construed broadly

Lee v. Grimmer

775 So. 2d 1223 · Louisiana Court of Appeal · Dec 22, 2000

Furthermore, LSA-R.S. 33:402(4) as amended in 1975 conferred on the mayor and board of aldermen the power: To establish, regulate, and support night watch and police and define the duties thereof, subject to any applicable … Since appeals are favored, such penalties should not be granted unless they are clearly due; for example, when there are no serious legal questions, when it is manifest that the appeal is taken solely for the purpose of delay

State v. Schmidt

699 So. 2d 448 · Louisiana Court of Appeal · Jul 29, 1997

HIV is the virus which causes acquired immune deficiency syndrome (AIDS), for which there is currently no cure and which has routinely proved itself to be a fatal disease. … Gibbs's laboratory at Baylor College of Medicine is held in high esteem by the scientific community and is well qualified to perform the testing. His review of Dr.