Case law

Davis v. United General Ins. Co.

93 La.App. 3 Cir. 738 · Louisiana Court of Appeal · Feb 2, 1994

Clearly, Dr. Richert's testimony did not contradict that of Davis. … However, in our view, the record sufficiently establishes Davis' entitlement to SEB pursuant to La.R.S. 23:1221(3) commencing November 8, 1984.

State v. Waldrop

2011 La.App. 1 Cir. 2363 · Louisiana Court of Appeal · Jun 8, 2012

A law officer may testify as to matters within his personal knowledge acquired through experience without first being qualified as an expert. Kestle, 996 So.2d at 280 . … Specifically, the defendant contends that the State failed to establish that he understood his Miranda rights or that he was given his Miranda rights.

Hessifer v. Southern Equipment, Inc.

416 So. 2d 368 · Louisiana Court of Appeal · Jun 29, 1982

I submit that the evidence in this case clearly establishes that the "dip and bump" created an unreasonable risk of harm to others and was, therefore, a defect in the highway. … On the other side of the scale the damages sustained by the plaintiff clearly establish the magnitude of the risk involved.

Crump v. Sabine River Authority

97 La.App. 3 Cir. 1572 · Louisiana Court of Appeal · Jul 29, 1998

RThe record clearly supports the application of the “continuous tort” doctrine to this case. … These instances “were developed to insure that recovery for mental injury is allowed only when the injury, and its causal relation to the property damage, is clearly | ^established.” Blache v.

Griffith v. Young

62 So. 3d 856 · Louisiana Court of Appeal · Apr 13, 2011

The Landry court further stated, 851 So.2d at 955 : Absent a qualifying privilege, any provocative or aggressive conduct on the part of the plaintiff should be incorporated into the allocation of fault by the trier of fact … Under the aggressor doctrine, a party could not recover tort damage for a battery committed on his person if the evidence established that his actions immediately before the altercation constituted a provocation sufficient

State v. Butler

2011 La.App. 4 Cir. 0985 · Louisiana Court of Appeal · Oct 3, 2012

While this standard entitles the trial court’s determination to great weight, it will not shield, immunize, or insulate that ruling from an in-depth review. See State v. … Again, the threshold established for a finding of probable cause is neither high nor novel. See Beck v.

Bueche v. State, Department of Health & Hospitals

2000 La.App. 1 Cir. 1473 · Louisiana Court of Appeal · Jun 21, 2002

statutory provisions; (2) In excess of the statutory authority of the agency; (3) Made upon unlawful procedure; (4) Affected by other error of law; (5) Arbitrary or capricious or characterized by abuse of discretion or clearly … Under Provision 1-1673, which re-asserts this presumption, the applicant/recipient must be given an opportunity to rebut the presumption by evidence that establishes “the transfer was solely for a reason other than to qualify

Fakier v. Picou

158 So. 2d 285 · Louisiana Court of Appeal · Nov 12, 1963

John the Baptist failed to properly qualify for said office and this issue was raised in the case pending before the Court. … While it is true that section of LSA-R.S. 33 :2481 dealing with police is omitted from Article 14, Section 15.1(11) nevertheless a reading of the entire constitutional provision clearly shows it was the constitutional intent

State v. Francis

966 So. 2d 1096 · Louisiana Court of Appeal · Oct 3, 2007

The supreme court reiterated that a defendant must "ask clearly and unequivocally to proceed pro se." Id. at 22. … In sum, we conclude that the defendant neither knowingly and intelligently waived his right to counsel nor did he clearly and unequivocally assert the right to self-representation.

Snider v. Louisiana Medical Mutual Insurance Co.

12 La.App. 1 Cir. 1068 · Louisiana Court of Appeal · Aug 27, 2014

The record clearly supports a finding that Dr. Yue failed to follow the protocol established in the guidelines for “Indications for Permanent Cardiac Pacing”. … According to these three highly qualified medical experts, and Snider’s treating physician, “[Dr.

Todaro v. City of Shreveport

170 So. 356 · Louisiana Court of Appeal · Oct 30, 1936

The appointed and qualified receiver was made a1 party to the suit, and both defendants appealed from the judgment. … It is our belief that an award of $15,000 will be proper and reasonable and in line with the established jurisprudence of Louisiana involving injuries and suffering of similar import.

State ex rel. Department of Social Services v. Ashy

94 La.App. 1 Cir. 0903 · Louisiana Court of Appeal · Mar 3, 1995

is clearly wrong. … Because the date of conception was not conclusively established, we cannot say that the trial judge was manifestly erroneous or clearly wrong in his finding that Mr. Ashy had access to Ms.

Nelson v. Walker

189 So. 2d 54 · Louisiana Court of Appeal · Jun 13, 1966

Sanction of the Prohibition The sanction is the nullity of the sale, which, although not expressly established by the text, necessarily results from it * * 1439. … The distinction between absolute and relative nullities was clearly recognized by the Supreme Court in Whitney Nat. Bank of New Orleans v. Schwob, 203 La. 175 , 13 So.2d 782 , with Fournet, C.

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

99 La.App. 3 Cir. 1703 · Louisiana Court of Appeal · Apr 5, 2000

Clearly, Mr. Rener's assertions regarding John Doe's statements and actions are hearsay evidence. … Usually such evidence is inadmissible at trial, unless, among other exceptions, it qualifies under the exited utterance exception to the hearsay rule set forth in La.Code Evid. art. 803(2).

Vinson Pulliam v. Curahealth New Orleans, LLC

Louisiana Court of Appeal · Dec 3, 2025

Curahealth stated that “[t]he opinions of qualified medical experts are necessary to establish the” elements of a medical malpractice action, specifically “the applicable standard of care, whether that standard of care … Clearly, with its contentions in the Motion for Summary Judgment that this case required expert testimony and did not involve an “obviously careless act,” as well as the citation to Pfiffner, Curahealth sought to establish

Essex Crane Rental Corp. v. D & L MACH. WORKS

93 La.App. 3 Cir. 1656 · Louisiana Court of Appeal · Oct 5, 1994

Specifically, defendant asserted in this pleading that he was a resident of Acadia Parish, Louisiana; that he was not engaged in nor qualified to do business in the State of Texas; that he had not appointed an agent for service … The record clearly establishes that defendant's efforts in contesting the Texas proceeding were limited solely to disputing the issue of jurisdiction by utilizing the appropriate Texas procedural law to place that issue in

Le Blanc v. Primeaux

2 So. 2d 274 · Louisiana Court of Appeal · May 8, 1941

It is well established in our jurisprudence that the Courts will not entertain a contested election suit where the pleadings themselves show that the plaintiff cannot gain any advantage by having a judgment rendered in his … and protest made at the polls was made because some of the commissioners of election had carried a ballot to each of these voters at his home to be there voted and then returned to the ballot box, which, of course, was clearly

Wood v. Subsea International, Inc.

99 La.App. 4 Cir. 1320 · Louisiana Court of Appeal · Mar 29, 2000

SubSea submits that Wood did not present any evidence that establishes any degree of *567 control over the non-SubSea owned vessels. … Factual findings made by the trial court in a claim under general maritime law are reviewed under a clearly erroneous standard, which is the same manifestly wrong or clearly wrong standard of review used by the Louisiana

State v. King

524 So. 2d 1376 · Louisiana Court of Appeal · Apr 19, 1988

ALLEGED FAILURE TO ESTABLISH VENUE In defendant's first unnumbered assignment of error, he contends that the state failed to establish venue. We disagree. … She stated that she was qualified by the State of Louisiana to conduct videotaped statements of child abuse victims.

Marable v. Empire Truck Sales of Louisiana, LLC

221 So. 3d 880 · Louisiana Court of Appeal · Jun 23, 2017

the finding is not clearly wrong or manifestly erroneous. … Moore has never been qualified by any state under any professional engineering association.