Case law

Perrit v. Bernhard Mech. Contractors, Inc.

669 So. 2d 599 · Louisiana Court of Appeal · Feb 23, 1996

As statutory employer, Bernhard was entitled to tort immunity and was subsequently dismissed from the suit, leaving LSU as the sole remaining defendant. … The contract clearly places the responsibility for all safety aspects of the renovation project on the Contractor, and nowhere in the contract is any of this responsibility or the right to control or supervise the work placed

MIDDLE TENNESSEE COUNCIL, INC. BOY SCOUTS OF AMERICA v. Ford

205 So. 2d 867 · Louisiana Court of Appeal · Dec 19, 1967

Hooker, was qualified as executor under the laws of the State of Tennessee. Subsequent thereto, in a proceeding entitled "Succession of Leslie G. … Such an allegation on the part of the petitioners clearly set forth that the sale was clearly tainted with the legal conclusion of fraud or conspiracy. In Bordelon v. Bordelon (Supra); and Huckaby v.

Gorman v. Swaggart

524 So. 2d 915 · Louisiana Court of Appeal · Apr 22, 1988

In spite of defendants' arguments to the contrary, Gorman clearly is not disputing his dismissal as a minister. How could he when his voluntary resignation predated his formal dismissal? … The parameters of the relief which can be granted in the event that Gorman and MGM are successful are obviously fixed by the constitution and the law on qualified privileges.

Harper v. Crescent Drilling Co.

107 So. 2d 553 · Louisiana Court of Appeal · Nov 25, 1958

The testimony of plaintiff is clearly to the effect that he has continued to .suffer pain; that he is unable to perform any sort of labor which involves lifting even moderately heavy weights; that he cannot bend or stoop … Kingsley and cannot be regarded as controlling in view of the established facts which we have above outlined.

Doga v. Southern Farm Bureau Ins. Co.

511 So. 2d 78 · Louisiana Court of Appeal · Jun 26, 1987

Defendant presented testimonial and documentary evidence tending to establish that the understanding between plaintiff, his employer, the Postal Service, and the defendant was that the $1,065.00 draft was intended as full … The issue depends largely on the credibility of the witnesses, which the trial judge is better qualified to determine.

State v. Hookfin

476 So. 2d 481 · Louisiana Court of Appeal · Oct 8, 1985

The right of each party to impeach the testimony and the credibility of his adversary's witnesses has been clearly established. LSA-R.S. 15:486; State v. Redwine, 337 So.2d 1041 (La.1976). … The particular remark objected to was a comment by the district attorney on evidence admitted and was clearly not improper. LSA-C.Cr.P. art. 774.

Gore v. City of Pineville

598 So. 2d 1122 · Louisiana Court of Appeal · Apr 8, 1992

Pineville refused to pay Gore’s medical expenses and denied his worker’s compensation benefits, contending under LSA-R.S. 23:1081 that Gore was not qualified for such benefits because his voluntary intoxication caused his … Under this limited holding in Socorro, we find the case before us clearly distinguishable.

State v. Mims

550 So. 2d 760 · Louisiana Court of Appeal · Aug 23, 1989

Art. 894.1 is not a fatal error if the record clearly illumines reasons for the sentence imposed. Although the LSA-C.Cr.P. … In remanding the case, we instructed the sentencing court to consider the defendant's indigency which had already been established in the record.

Martello v. City of Ferriday

813 So. 2d 467 · Louisiana Court of Appeal · Mar 6, 2002

We further overrule the exception of no cause of action filed in this court. *474 DISCRETIONARY ACT IMMUNITY The Town further asserts that the trial court should have dismissed Plaintiff's suit because the town is immune … It has been established that the existence of issues *479 particular to individual members of the class does not defeat commonality. McCastle, supra, 456 So.2d at 620 .

Donald Domingue v. Peggy Sue Wagner

Louisiana Court of Appeal · Feb 6, 2013

Wagner is, thus, also immune from a suit for civil malicious prosecution based on her qualified immunity discussed by the Louisiana Supreme Court in Jones v. Soileau, 448 So.2d 1268 (La.1984) and Johnson v. … The trial court’s ruling does not mention “qualified immunity,” but since the doctrine is a legal concept, it can be recognized as applicable in this case.

Bell v. City of Lake Charles

16 La.App. 3 Cir. 764 · Louisiana Court of Appeal · Apr 19, 2017

The testimony established that the overtime system in the LCPD was based on the honor system; a supervisor had to assume that the requesting employee qualified for overtime because the supervisor had no way to verify the … I find the record is woefully lacking of any evidence to establish that.

Marchand v. Asbestos

2010 La.App. 4 Cir. 650 · Louisiana Court of Appeal · Jul 21, 2010

Continental explained that Pendleton’s dissolution provided it with an absolute immunity from liability and noted that immunity is a defense available for its use as Pendleton’s insurer. … Cole established a “significant exposure” test for determining when a cause of action accrues in a long-latency disease case. Abadie v.

State v. Gerard

685 So. 2d 253 · Louisiana Court of Appeal · Nov 14, 1996

In Dockens , the appellate court found no merit to defendant's argument based on the fact that defendant was not able to establish that Ms. … Furthermore, the record failed to establish that Mr. Blake ever recognized the defendant or made any connection between him and other members of the defendant's family.

Dunlap v. Madison Parish School Board

61 So. 3d 833 · Louisiana Court of Appeal · Apr 13, 2011

Dunlap contends that the evidence established that this accident caused and contributed to her neck and arm problems, headaches, depression, and obesity. Dr. … Since the case managers were representatives, they were not qualified as expert witnesses at trial, we must consider them lay witnesses. La.

DeRouen v. Audirsch

639 So. 2d 476 · Louisiana Court of Appeal · Jun 28, 1994

DeRouen had no typing or computer skills and was therefore not qualified for clerical work. Though Dr. … DeRouen's uncontroverted testimony established that Mrs. DeRouen's entire demeanor and personality has changed since the accident.

Murphy Cormier Contractor, Inc. v. State of La., Dept. of Health & Hospitals

Louisiana Court of Appeal · May 22, 2013

DHH claims that the evidence supports a finding that the law pertaining to Section 729 was not ―clearly established,‖ thus entitling DHH employees to immunity. … on qualified immunity, constituting a clear error.

Lastie v. Cooper

14 La.App. 5 Cir. 561 · Louisiana Court of Appeal · Dec 23, 2014

Lastie was a borrowed employee of Gretna at the time of the accident, Gretna and Mayor Harris are immune from tort liability and Mr. Lastie’s exclusive remedy is for worker’s compensation benefits. … The evidence presented clearly establishes that Gretna had the right of control over Mr. Lastie, thereby favoring a finding of borrowed employee status.

Webb v. TULANE MEDICAL CENTER HOSP.

700 So. 2d 1141 · Louisiana Court of Appeal · Oct 1, 1997

The evidence establishes that a diagnosis of pulmonary infarct was reasonable. … Caputto was qualified as an expert in internal medicine, hematology and oncology. [5] Dr. Brammer was qualified as an expert in hematology, internal medicine and oncology.

Couhig's Pestaway Company, Inc. v. Pestaway, Inc.

278 So. 2d 519 · Louisiana Court of Appeal · May 30, 1973

It has engaged in the termite and pest control business for residences and commercial establishments since that date. … conducted by him was the establishment owned and conducted by the plaintiff.

Survey America, Inc. v. Louisiana Professional Engineering

2009 La.App. 1 Cir. 0286 · Louisiana Court of Appeal · Feb 10, 2010

Board’s actions were arbitrary and capricious and clearly wrong. … The Board may establish, adopt, promulgate, and publish rules and regulations concerning the procurement of land surveying services. LSA-R.S. 37:688(0(2).