Case law

Roux v. Pflueger

2009 La.App. 4 Cir. 0009 · Louisiana Court of Appeal · Jul 8, 2009

Arguments on Appeal On appeal, Plaintiffs argue that the trial court “erred in granting the motions for summary judgment based on a finding that the communication was conditionally privileged when the testimony clearly established … Once this privilege was established, it became incumbent on the Plaintiffs to come forward with rebuttal evidence establishing that Defendants abused the privilege.

Roussel v. Berryhill

444 So. 2d 1286 · Louisiana Court of Appeal · Jan 10, 1984

The record clearly reveals Elaine Roussel was not negligent. … John Baptist Parish School System, qualified as an expert registered occupational therapist.

Collins v. State ex rel. Louisiana Health Care Authority

99 La.App. 4 Cir. 2307 · Louisiana Court of Appeal · Jul 12, 2000

While it may be argued that EM-TALA creates a federal malpractice action, the federal jurisprudence clearly establishes that EMTALA was enacted in response to the concern that hospitals were dumping medically indigent patients … The medical malpractice act clearly provides that damage awards against qualified health care providers are to be capped at $500,000.

Davis v. Shaw

142 So. 301 · Louisiana Court of Appeal · Jun 11, 1932

It is therefore necessary for this court to establish the rule applicable in such eases. … In order to hold otherwise, it would be necessary for us to establish a new and non-existing cause of action against an owner of an automobile, or of other property, in this state.

Boyette v. Auger Timber Co.

403 So. 2d 800 · Louisiana Court of Appeal · Aug 25, 1981

After an independent evaluation of the evidence, we conclude that the preponderance of the evidence clearly establishes that the sole legal cause of the accident was Lowe's negligence and that the defendants were not negligent … The record clearly establishes that these findings by the trial court are correct. Finally, plaintiffs contend the trial court erred in failing to grant them a new trial. LSA-C.C.P.

Cutting v. Cutting

625 So. 2d 1112 · Louisiana Court of Appeal · Oct 6, 1993

Jack argues that the funds are clearly traceable and were not commingled to the extent that it is impossible to establish which funds belong to the separate and community estate and, thus, Succession of Sonnier, 208 So.2d … Comment (a) to article 2346 states: "This provision establishes the principle of equal management of community property.

State Dept. of Children & Family Services Child Support Enforcement v. Seaman

11 La.App. 3 Cir. 1366 · Louisiana Court of Appeal · Mar 7, 2012

I find that not only is the evidence insufficient to establish that Mrs. Seaman was underemployed, it is also insufficient to establish Mr. Seaman’s income for child support purposes. … In fact, the evidence clearly established that Mrs. Seaman was underemployed through no fault or neglect of her own. La.R.S. 9:315(C)(5). To conclude otherwise would be to conclude that although Mrs.

In re Triola

236 So. 3d 792 · Louisiana Court of Appeal · Dec 27, 2017

An appellate court should not upset factual findings of a trial court absent manifest error or unless clearly wrong. Adams v. Grefer , 11-1157, p. 7 (La. App. 5 Cir. 9/11/12), 99 So.3d 1083 , 1086. … in both Parishes. 4 The value of each minor child's interest in and to the property was established at $75.00 each for the property located in St.

State v. Armstrong

683 So. 2d 1261 · Louisiana Court of Appeal · Oct 11, 1996

As the perjury charge was clearly appropriate, this assignment has no factual basis, and thus lacks merit. … Thus, the lower court lacked authority to grant Johnson immunity. Based upon the jurisprudence and circumstances of this case, we find no error on the part of the district court.

Homeland Ins. Co. v. Thompson

12 So. 2d 62 · Louisiana Court of Appeal · Feb 17, 1943

his lantern, but apparently his signal was too late and the train, a freight train composed of 62 cars, travelling at a speed estimated from 40 to 50 miles per hour (less than 45, according to the testimony of those best qualified … The mere reading of the first two cases will clearly demonstrate that the two are inapposite to the case at bar.

State, Department of Transportation & Development v. Biscomb

94 So. 3d 193 · Louisiana Court of Appeal · Jun 20, 2012

Before a factfinder’s verdict may be reversed, there must be evidence within the record such that a reasonable factual basis does not exist for the verdict, and the record establishes the verdict is manifestly erroneous. … Daigle, DOTD’s witness, was qualified as an expert in forensic accounting.

Baham v. Sutherland

197 So. 2d 345 · Louisiana Court of Appeal · Apr 3, 1967

Defendant and his wife emphatically testified that they came to Louisiana to establish a domicile. … to establish a domicile and remain in Louisiana.

State v. Clark

638 So. 2d 225 · Louisiana Court of Appeal · Mar 16, 1994

Assignments # 4 and # 5 These assignments concern the testimony of Ronald Jewel, who was qualified as an expert in firearms identification. Mr. … After defendant objected that this was beyond the witness's competence, the court allowed the State to establish Mr. Jewel as an expert in the field "to identify how far away the gun is fired."

State v. Thomassie

490 So. 2d 1121 · Louisiana Court of Appeal · Jun 2, 1986

Hearing was held on November 6, 1985, and although the court did not clearly rule on the exception, a final judgment in favor of Mr. … The procedure for securing and compensating qualified counsel for indigents is provided for in La.Const.Art.

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 .

State v. Stewart

92 La.App. 4 Cir. 2536 · Louisiana Court of Appeal · Dec 15, 1994

New Orleans Police Officer Michael Glas-ser, who was qualified as an expert in the packaging and distribution of controlled dangerous substances, testified heroin was packaged in individual dosages in small amounts of tin … to the satisfaction of the judge, by affidavit of a credible person, reciting facts establishing the cause for the issuance of the warrant.

State v. Boudreaux

597 So. 2d 1235 · Louisiana Court of Appeal · Apr 16, 1992

"[A] blanket prohibition against the taking of voluntary statements or a permanent immunity from further interrogation, regardless of the circumstances, *1238 would transform the Miranda safeguards into wholly irrational … When, as in the case at bar, a desire for immediate talk clearly appears from the suspect's words and conduct, but he also states he wants a lawyer (i.e.,) "I would like to have a lawyer, but I would rather talk to you"(,

LeBlanc v. Mercedes-Benz of North America

93 La.App. 3 Cir. 907 · Louisiana Court of Appeal · Mar 2, 1994

LeBlanc had put on the car, defendants sought to establish the number of miles per year allowed during a lease and the excess mileage charge in a lease contract in order to establish the value of plaintiff's use of the automobile … Under the facts of this case, we cannot say that the jury clearly erred in denying plaintiff any mental anguish damages. Dr.

Rollins v. Ford Motor Co.

424 So. 2d 527 · Louisiana Court of Appeal · Dec 9, 1982

Martinsen, Jr., who was qualified as an expert in the field of fire origins. Much of his testimony was based on the Regulatory Standards of the National Fire Protection Association. … We need not decide the issue of defendant’s strict liability because the evidence in the record clearly establishes the existence of one of the defenses to strict liability, namely “victim fault”. See Hunt v.

Summers v. Sutton

428 So. 2d 1121 · Louisiana Court of Appeal · Feb 22, 1983

Thus, LSA-R.S. 49:957 is clearly inapplicable. … Davis, a Development Geologist with Inexco, qualified as an expert in petroleum geology.