Case law

Watson v. Woldenberg Village, Inc.

2016 La.App. 4 Cir. 0159 · Louisiana Court of Appeal · Oct 5, 2016

In the case at |12bar, plaintiffs first amended petition clearly arises out of the conduct and occurrence set forth in the original pleading. … Nursing homes were brought into the ambit of the LMMA as qualified healthcare providers in 2001. 2001 La. Acts, No. 108.

Point Proven, LLC v. City of Monroe

214 So. 3d 912 · Louisiana Court of Appeal · Jan 13, 2017

Moreover, these provisions clearly envision a difference between the withholding and the suspension or revocation of a liquor permit. … A permit is personal and the LLC members individually are required to qualify. . This discharge was found to be accidental. . The City cites La.

McKnight v. Cornet

143 So. 726 · Louisiana Court of Appeal · Oct 17, 1932

Nor does it contain the words ‘give,’ ‘donate,’ ‘bequeath,’ ‘devise,’ or any other word clearly establishing that it is a disposition of last will. … Ravain is acknowledged as the owner of one-half interest in the stoie, but “in case I should die at any time,” and the court held that the words “in case I should die at any time” did not qualify the acknowledgment so as

Norfleet v. Southern Baptist Hospital

623 So. 2d 891 · Louisiana Court of Appeal · Aug 19, 1993

Defendant presented the testimony of Beverly Mann, who was qualified by the court as a vocational rehabilitation counselor. Ms. … Bobby Roberts testimony established that she could not tolerate it.

Taylor v. Administrator of the Division of Employment Security of the Department of Labor

88 So. 2d 486 · Louisiana Court of Appeal · Jun 14, 1956

after her children, the Referee, erroneously and without any foundation therefor, concluded: “Since she has last worked, the claimant has attempted to secure employment with employers doing office work for which she is not qualified … On the contrary, the evidence abundantly establishes that she meets all the objections raised to her availability by the Appeals Referee and by the Louisiana Board of Review.

Robertson v. Coleman Oldsmobile, Inc.

451 So. 2d 1323 · Louisiana Court of Appeal · Jun 26, 1984

We cannot say that it was clearly wrong in this respect. … Robertson has established no such damages in the case at bar.

Gullo v. Sewerage & Water Board of New Orleans

535 So. 2d 23 · Louisiana Court of Appeal · Nov 29, 1988

Conner is a chemist and qualified at trial as an expert in that field. He stated that he examined six metal fragments that, when placed together, formed a cast iron water meter cover approximately 12 inches in diameter. … The testimony further established that plaintiff did not work for six days at his job as a clothing salesman due to his injury thus causing him a loss of commissions.

Wolf v. Louisiana State Racing Commission

532 So. 2d 822 · Louisiana Court of Appeal · Sep 29, 1988

In Fox , in light of Section 2 of Act No. 779, this court qualified its holding by stating, “By this opinion we do not limit the proprietary rights reserved by the section quoted above.” 433 So.2d at 1127 . … Fox (and Sims) dealt with matters clearly within the power, authority, and jurisdiction of the State Racing Commission.

State v. Digilormo

505 So. 2d 1154 · Louisiana Court of Appeal · Mar 4, 1987

It has been held that law officers may testify as to matters within their personal knowledge acquired through experience without being qualified as experts. State v. Simms, supra; State v. … This check was clearly relevant to the charges against defendant. This assignment lacks merit.

State v. Rapier

152 So. 2d 272 · Louisiana Court of Appeal · Jun 14, 1963

Rapier is thoroughly qualified as an expert appraiser, but believes his figures are too high." … Lemaire the best qualified and most experienced of all the appraisers who testified. Mr.

Lewis v. State Farm Ins. Co.

946 So. 2d 708 · Louisiana Court of Appeal · Dec 27, 2006

Patterson, *717 qualified as an expert in family medicine, testified that Mr. … Ronald Woods, who was qualified by the court as an expert in general family medicine. Dr. Woods treated Mr.

Arceneaux v. Shaw Group, Inc.

2012 La.App. 1 Cir. 0135 · Louisiana Court of Appeal · Sep 24, 2012

Both experts have shown impressive curriculum vitaes that in this court’s opinion more than qualify them as experts in their respective fields. Dr. … Evidentiary Weight of Expert Opinions The trial court qualified both Dr. Castine and Dr. Greenberg as experts in their respective fields.

State v. McCray

12 So. 3d 990 · Louisiana Court of Appeal · May 13, 2009

On redirect, the state established that the victim’s child told the officer that defendant had fired the gun prior to the physical altercation with Shonda Proctor. … Considering all the circumstances surrounding the question and the overwhelming evidence that defendant committed the crime of second degree murder of Shonda Proctor, the error, if any, was clearly harmless.

ASI Fed. Credit Union v. Certain Underwriters at Lloyd's of London Syndicate 1414 Subscribing to Policy FINFR1503374

259 So. 3d 552 · Louisiana Court of Appeal · Nov 7, 2018

Specifically, Underwriters argues that the Policy's "Directors & Officers Exclusion Clause" clearly and unambiguously excludes coverage for ASI's claim, i.e. , the alleged theft of ASI's cash by the owner of LeoTran. … We find this statement insufficient to qualify as an admission or stipulation by Underwriters (which would obviate the certification requirement) as to the specific ATMWW/LeoTran contract to which ASI claims it was a third

Smith v. Consolidated Underwriters

53 So. 2d 264 · Louisiana Court of Appeal · May 30, 1951

But if plaintiff was making the trip in the interest of his employers and in connection with the course and scope of the duties of his employment, then clearly he is entitled to compensation. … testimony of the witnesses, which was given with fairness and frankness, that he not only did not deny plaintiff’s authority to do the acts for which plaintiff contends in support of his claim, but, on the contrary, so qualified

Suarez v. Barney

2005 La.App. 4 Cir. 0671 · Louisiana Court of Appeal · May 9, 2005

These are the simple, straightforward requirements that are stated clearly and unequivocally in the state constitution. … Barney’s domicile, his principal establishment, was not on De-Montluzin Street for the one-year period preceding qualifying. The fact that Mr.

State Ex Rel. Guste v. Green

657 So. 2d 610 · Louisiana Court of Appeal · Jun 23, 1995

The jurisprudence of this state holds that a party is indispensable only when the facts clearly establish that no complete and equitable adjudication of the controversy can be made in his absence. Carter v. … as a "custodian or other qualified witness".

Succession of Michel

225 So. 2d 480 · Louisiana Court of Appeal · Jul 7, 1969

Smith and Edward J. deVerges, Jr., were duly qualified and appointed as such. Thereafter, public inventories of the testator's property in Orleans, Jefferson, and St. … The use of the plural in this case clearly establishes the testator's intent that Mr. deVerges should benefit from both fees.

Strawder v. Zapata Haynie Corp.

94 La.App. 3 Cir. 453 · Louisiana Court of Appeal · Nov 2, 1994

However, the trial court did qualify him as an expert. … The trial court concluded that there was not enough evidence to establish a common law marriage between Latia Clark and John Bartie and therefore dismissed Clark's claim.

Jacobs v. Sampson

16 La.App. 3 Cir. 506 · Louisiana Court of Appeal · Nov 9, 2016

Dole of the subject car accident, which “establishes that [he] did not have any significant pain because of this accident.” … Undoubtedly, the record establishes that Mario was a pre-existing pain patient. 8 Dr.