Case law

Polites v. Millers Mutual Fire Insurance Co.

267 So. 2d 214 · Louisiana Court of Appeal · Sep 29, 1972

While the amount might not be what this court would have awarded under the circumstances, we cannot say the award was clearly or manifestly excessive. … Clearly this is sufficient special study and experience to qualify him as an expert.

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.

Phillips v. Joseph Management Services, Inc.

3 La.App. 5 Cir. 715 · Louisiana Court of Appeal · Nov 12, 2003

of a vessel in navigation should not qualify as a seaman under the Jones Act. … The manifest error standard of review applies to factual findings in a workers’ compensation case. 11 In applying the manifest error-clearly wrong standard, the appellate court must determine not whether the trier of fact

Ebarb v. Erwin

530 So. 2d 1166 · Louisiana Court of Appeal · Jun 1, 1988

The burden of proof in a motion for summary judgment is on the mover to establish that there are no genuine issues of material fact. This burden is a great one. … However, LSA R.S. 22:1258 simply requires that surplus line insurance contracts be clearly labeled as such.

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.

Baker v. TL James & Co., Inc.

398 So. 2d 1223 · Louisiana Court of Appeal · May 5, 1981

R.S. 23:1061 of the Workmen's Compensation Act establishes the concept of statutory employer. … This clearly places him within the terms of LSA-R.S. 23:1101 thereby permitting the plaintiff to assert a cause of action in tort against him.

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.

Sullivan v. Sullivan

892 So. 2d 134 · Louisiana Court of Appeal · Dec 30, 2004

Bailey clearly would have had the right to share, in the stipulated percentage, in the retirement benefits he would have received. … Bailey clearly established that DROP funds are considered retirement benefits, apportionable in accordance with Sims .

Esteve v. Iberia Parish Hospital

539 So. 2d 727 · Louisiana Court of Appeal · Feb 8, 1989

The testimony established that Anna Belle’s condition should have placed the hospital staff on guard that she might aspirate vomit. … Notwithstanding the pressures placed on the hospital staff in this instance, we are unable to conclude that the decision of the jury is clearly erroneous.

Maryland Casualty Company v. Kramel

80 So. 2d 897 · Louisiana Court of Appeal · May 18, 1955

While it is clearly established that the policy in effect at the time of the accident was intended and understood as a renewal of the previously existing policy, there was inserted in the latter policy the $50 deductible … It was clearly the intention of the defendants to have the former policy renewed in its precise terms.

State v. Shokr

16 La.App. 5 Cir. 337 · Louisiana Court of Appeal · Feb 8, 2017

Although Defendant testified that he never sexually molested S.K. and suggested that S.K. was lying so she could “get back with her father,” the jury clearly chose to believe the testimony of S.K. and that of the other State … Troy’s “qualifications certainly qualify her to testify in this case.”

Spreadbury v. STATE, DEPT. OF PUB. SAFETY

745 So. 2d 1204 · Louisiana Court of Appeal · Nov 5, 1999

Moreover, the Louisiana Supreme Court has recently considered the issue of whether hearsay evidence can qualify as "competent evidence" in administrative proceedings before the Office of Workers' Compensation. … Nonetheless, given this court's analysis of this issue, we concluded that plaintiff was not entitled to declaratory judgment as prayed for. [7] Although not clearly established by the record, in brief to this court, plaintiff

State v. Leader

5 So. 3d 317 · Louisiana Court of Appeal · Feb 13, 2009

Specifically, the defendant argues the State failed to establish that the blood drawn from him was in accord with the methods approved by the Department of Public Safety. … These photographs clearly corroborate the testimony that Ms. Landrum's vehicle had been demolished.

Nestor v. LA. UNIV. HEALTH SCIENCES CENTER

917 So. 2d 1273 · Louisiana Court of Appeal · Dec 30, 2005

Nestor's testimony is read in its entirety, she clearly states that Dr. … As stated above, we find no evidence that clearly establishes that the Nestors understood that surgery was performed at a different level than originally shown on the consent form and that a complication had occurred prior

Williams v. City of Baton Rouge

200 So. 2d 420 · Louisiana Court of Appeal · May 29, 1967

We have carefully examined the McGuire case and conclude that the facts presented in the instant matter are clearly distinguishable. … The general rule is well established that an appellee cannot by answer to the appeal obtain an amendment of the trial judgment in his favor against another appellee.

Klemetsen v. H & R Block, Inc.

569 So. 2d 559 · Louisiana Court of Appeal · Oct 11, 1990

Defendant cross-examined Norman on his qualifications, then stated “we will not object to qualifying him in the area of architecture.” The court then accepted Norman as an expert in the field of architecture. … that the finding is not clearly wrong.

Quiana Lorden v. Paramount Healthcare Consultants, LLC

Louisiana Court of Appeal · Nov 2, 2016

The resident’s portion is established by the government. NON-SKILLED SERVICES For residents who do not qualify for Skilled Nursing services, the following provisions apply. … BORROWING EMPLOYER Appellants also argue on appeal that the record is insufficient to establish that Merryville is immune from their tort claims on the basis that it is a borrowing, or special, employer under La.R.S

Mundy v. DEPT. OF HEALTH & HUMAN RES.

609 So. 2d 909 · Louisiana Court of Appeal · Feb 19, 1993

arise out of or occur in the course and scope of her employment. [1] The Supreme Court granted writs and reversed our judgment, finding that the defendant employer failed to meet its burden of proving entitlement to tort immunity … In the same respect, a business establishment is under a duty to take reasonable care for the safety of its patrons, but it is not the insurer of their safety. Phillips v.

Billeaud v. Poledore

603 So. 2d 754 · Louisiana Court of Appeal · May 22, 1992

Tort immunity under the borrowed servant doctrine is an affirmative defense within the context of a tort action. Brumbaugh v. … Hebert, testified light duty jobs for which plaintiff was qualified were available in the Lafayette area.

McKenzie v. Webster Parish School Bd.

609 So. 2d 1028 · Louisiana Court of Appeal · Dec 2, 1992

The answers to interrogatories and depositions establish that non-renewal of plaintiff's contract was in accordance with LSA-R.S. 17:442. … Activities would be prescribed, a time period established and data for reevaluation determined.