Case law

Nobile v. New Orleans Public Service, Inc.

419 So. 2d 35 · Louisiana Court of Appeal · Jul 30, 1982

The Court is of the opinion, however, that he has established losses in the amount of $27,894.07, and the Court will amend the Commissioner’s report accordingly.” … He was qualified by the court as an expert in economics. He testified at length in an attempt to demonstrate to the court the extent of the plaintiff’s economic losses resulting from the accident.

Turner v. Smith

556 So. 2d 983 · Louisiana Court of Appeal · Feb 7, 1990

Smith (hereinafter defendant), a qualified health care provider under the provisions of La.R.S. 40:1299.42, and his professional liability insurer, Louisiana Medical Mutual Insurance Company. … Defendant has simply taken out of context two phrases of the three page well written reasons for judgment in an effort to establish some error.

Todd v. State ex rel. Department of Social Services, Office of Community Services

685 So. 2d 310 · Louisiana Court of Appeal · Nov 26, 1996

that the finding is not clearly wrong.” … We cannot say that the trial judge was clearly wrong in this determination.

Glover v. Glover

677 So. 2d 659 · Louisiana Court of Appeal · Jun 26, 1996

Lafferty, the trial court found that he was voluntarily *661 unemployed. [1] We cannot say that this finding was clearly wrong. … Lafferty; however, the evidence presented during the hearing was insufficient to establish the true nature of the financial arrangement.

State v. Joseph

850 So. 2d 1049 · Louisiana Court of Appeal · Jun 27, 2003

And under our established precedent, the "automobile exception" has no separate exigency requirement. We made this clear in United States v. … Additionally, the evidence seized from the interior and trunk of the vehicle qualifies under the "automobile exception" to the prohibition against warrantless searches.

Reeves v. Structural Preservation Systems

716 So. 2d 58 · Louisiana Court of Appeal · Jun 3, 1998

. *60 In Bazley , after an exhaustive study of employers’ immunity and intentional tort, the court concluded: The meaning of intent in this context is that the defendant either desired to bring about the physical results … SPS argues the record does not contain any evidence establishing any agent, servant, or employee of theirs intended or desired to cause injury to Reeves.

Doughty v. Insured Lloyds Insurance Co.

563 So. 2d 1233 · Louisiana Court of Appeal · Jun 26, 1990

At trial, plaintiffs put forth numerous witnesses on the issue of whether the wood planer was defective, as well as testimony to establish damages. … Having concluded that both plaintiffs were legally at fault in causing the death for which they now seek damages, we clearly reject any notion that they could recover wrongful death damages for the death of their son from

State v. Burge

449 So. 2d 196 · Louisiana Court of Appeal · Apr 11, 1984

The court observed that a burning building clearly presents an emergency of sufficient exigency to justify a warrantless entry into the building. … Because the building here involved was a commercial establishment, the privacy interest attendant to a private residence is also absent.

Belleville Historic Dev., LLC v. GCI CONST., INC.

807 So. 2d 335 · Louisiana Court of Appeal · Jan 16, 2002

DISCUSSION Appellant argues that the arbitration award is clearly a manifest disregard of the provisions of La. … The mere fact that the ultimate award to GCI was less than the dollar amount of the notice of lien does not establish a violation of 9:4833.

Smith v. Tri-State Transit of Louisiana

171 So. 119 · Louisiana Court of Appeal · Dec 11, 1936

The evidence fairly well establishes that it required but 75 yards to do this. … The driver of this car states that he was 150 to 200 yards from the coupé when it came over the crest and that the bus was practically midway between them, but qualifies this statement by adding that the bus was only 50 yards

Jordan v. STATE EX REL. BD. OF ADM'RS

40 So. 3d 1139 · Louisiana Court of Appeal · May 26, 2010

The breach of that standard of care was established through Ms. … Accordingly, based on the evidence in the record, we cannot find the trial court's finding of causation to be clearly wrong or manifestly erroneous. Furthermore, Ms.

Kevin W. Jones, Sr. v. Town of Woodworth

Louisiana Court of Appeal · Nov 4, 2015

The Town of Woodworth and Officer Sikes had also plead in their “Answer To Plaintiff’s Petition for Damages,” the affirmative defense of qualified immunity pursuant to La.R.S. 9:2798.1, La.R.S. 9:2800-2800.52, and La.R.S … A panel of our court decided to review the case on appeal under a duty/risk analysis pursuant to La.Civ.Code art. 2315, rather than apply the analysis applicable to statutory qualified immunity.

Brenna Ash Miller,et Al v. Acadian Ambulance Service, Inc.

Louisiana Court of Appeal · May 23, 2018

Thus, “[t] he time limitation established by La. … By enacting La.R.S. 40:1133.13, “the Legislature granted EMTs a qualified immunity for liability from ordinary negligence claims; this immunity does not cover intentional or grossly negligent acts or omissions.”

State Ex Rel. Department of Highways v. Reuter

175 So. 2d 316 · Louisiana Court of Appeal · Apr 5, 1965

Reuter and by the various photographs introduced in evidence by them clearly proved that no part of the land was under water but to the contrary was high and dry. Mr. … Loss of the railroad siding to the rear and the opportunity to establish a switch tract facility; "2.

State v. Collins

136 So. 3d 912 · Louisiana Court of Appeal · Feb 26, 2014

Specifically, the defendant takes issue with the methodology used by the state to prove his identity; he argues that the fingerprints are not properly linked to the corresponding bills of information and, therefore, do not qualify … The trial court’s determination of this question of fact will only be reversed if it is clearly wrong. Holmes, supra. |.

State v. Linn

975 So. 2d 771 · Louisiana Court of Appeal · Feb 13, 2008

Clearly, there was sufficient evidence for this jury to determine that the essential elements of this crime existed to convict Linn. This assignment of error is without merit. … Channell's testimony established, without contradiction, that a number of the methamphetamine supplies were in plain view in Linn's vehicle.

Banes v. American Mut. Liability Ins. Co.

544 So. 2d 700 · Louisiana Court of Appeal · May 24, 1989

Although plaintiff's attorney did not fill out and return form LDOL-WC-1005 entitled "Application for Rehabilitation Services," he clearly made a formal request to the Office by his letters of July 23 and August 4, 1987, … Thus, we held that the compensation insurer of the employer was immune from a tort proceeding.

Succession of Williams

7 La. App. 465 · Louisiana Court of Appeal · Jan 5, 1928

The District Judge found that $676.12 of that amount had been used by the administrator prior to his qualifying as such, and eliminated that much from the claim against the estate. … This article relates to and is restricted to privileges on movables., This is clearly demonstrated by its verbiage and the heading of the Code under which it is found.

Pope v. Khalaileh

905 So. 2d 1149 · Louisiana Court of Appeal · Jun 1, 2005

However, contemporaneous oral agreements or understandings between parties, which are not made part of the written contract, do not qualify as an exception to the parol evidence rule. Bernard v. … Clearly, this statement is not evidence that the contract was modified by a subsequent verbal agreement.

Stafford v. Division of Administration

407 So. 2d 87 · Louisiana Court of Appeal · Nov 23, 1981

In the instant case, the first standard set in Lovell, supra, is clearly met since the decision of Smith established a new principle of law by overruling the clear past precedent of In Re Division of Administration, 343 So … offered another position in the same, equivalent, or lower class by the appointing authority, with a minimum reduction in pay range, if there exists in the governmental unit conducting the layoff such position for which he is qualified