Case law

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

Bourgeois v. Heritage Manor of Houma

96 La.App. 1 Cir. 0135 · Louisiana Court of Appeal · Feb 14, 1997

It clearly does not. … Employers are responsible for furnishing the required medical evaluations and treatment necessary to establish whether or not the employee is disabled and entitled to weekly benefits. Bailey v.

Conoco, Inc. v. Tenneco, Inc.

524 So. 2d 1305 · Louisiana Court of Appeal · Mar 9, 1988

generally applicable to other gas in the same area, which is higher than the price otherwise provided herein, then the price to be paid by Buyer to Seller for such portion of the gas delivered hereunder which would otherwise qualify … These cases are clearly distinguishable from the instant case and Tenneco's argument as to the applicability of the manifest error rule is without merit.

Garsee v. Bowie

852 So. 2d 1156 · Louisiana Court of Appeal · Aug 20, 2003

The mover has the burden of establishing the absence of material fact. … The Bank then considered whether the defendant might qualify for a refinancing loan. However, the defendant also failed to qualify for this type loan. The plaintiff claims that the statements made by Ms.

Rosier v. State

50 So. 2d 31 · Louisiana Court of Appeal · Jan 5, 1951

As a result, he used what was available, which turned out to be a sign with a qualified warning, "Road Under Water, Travel At Your Own Risk." … The fact that the evidence clearly establishes that neither the sign nor flare were in place at the time the Coon vehicle passed this crossroad, makes it unnecessary to consider whether or not plaintiff Aaron Coon and his

HTW Transp. Co. v. New Orleans Aviation Bd.

527 So. 2d 339 · Louisiana Court of Appeal · May 12, 1988

The specifications stated that the "top qualified bid" would be selected. … Since the jurisprudence clearly establishes that the contract at issue is subject to Louisiana's Public Bid Law, consideration of the applicability of the State Procurement Code is unnecessary.

Bear Indus., Inc. v. Hanover Ins. Co.

241 So. 3d 1159 · Louisiana Court of Appeal · Jan 4, 2018

Louisiana Revised Statutes 9:4802 clearly defines those persons granted a claim or privilege pursuant to the Act and provides, in pertinent part: A. … They maintain that the uncontroverted testimony at trial established that it had incurred at least $75,000.00 in attorney fees.

In Re Succession of Halligan

887 So. 2d 109 · Louisiana Court of Appeal · Sep 17, 2004

The parties agree that the contract at issue in this case qualifies as an annuity under the above provisions. … Nor do we find that any of the exemptions established by LSA-R.S. 22:647(B)(1) shield the proceeds of the annuity in this case from the inheritance tax.

Wheat v. State Farm Fire and Cas. Co.

583 So. 2d 1 · Louisiana Court of Appeal · Mar 15, 1991

It is now well established that contributory negligence is a defense in a strict liability case. See Turner v. Safeco Ins. Co. of America, supra , and cases cited therein. … The reason is that medical causation, such as the plaintiff's predisposition to accident, does not qualify as "conduct" on the part of the plaintiff which can be considered under the principle of comparative causation.

Jackson v. St. John the Baptist Parish School Board

15 La.App. 5 Cir. 254 · Louisiana Court of Appeal · Oct 14, 2015

a certificate from a physician to establish such an injury or disability. … In order to qualify for the sick leave benefits set forth in La.

Abdullah v. Simmons

772 So. 2d 698 · Louisiana Court of Appeal · Sep 13, 2000

Abdullah did not establish the correct standard of care through credible expert testimony, the jury's finding of negligence is erroneous because the finding is based on an incorrect standard of care. … Because a court of appeal has a constitutional function to perform, it has the duty to determine whether the trial court's judgment was clearly wrong based on the evidence, or clearly without evidentiary support.

McCauley v. Chapman

546 So. 2d 605 · Louisiana Court of Appeal · Jun 28, 1989

Chapman and her sister went to plaintiff’s business establishment for the purpose of choosing fabrics for the draperies and valances. Mrs. … After carefully reviewing the evidence and the entire record of this matter, we affirm the judgment of the trial court, finding that the trial court was not manifestly in error or clearly wrong in its findings of fact and

Adams v. Associates Corp. of North America

390 So. 2d 539 · Louisiana Court of Appeal · Jan 16, 1981

he is entitled under the "Human Resources Policy" established by Associates. … Under such circumstances he is clearly entitled to termination benefits. For the above and foregoing reasons the judgment of the trial court is affirmed at appellant's cost. AFFIRMED.

Jamerson v. Village of South Mansfield

297 So. 2d 490 · Louisiana Court of Appeal · Jul 1, 1974

In neither case was it established that the decision not to renew the plaintiff’s contract was made in retaliation of his exercise of his constitutionally protected right of free speech. … The clerk and tax collector shall hold their offices for two years or until their successors are elected and qualified.

Vedros v. Vedros

229 So. 3d 677 · Louisiana Court of Appeal · Oct 25, 2017

Vedros and is clearly her separate property. However, Mr. … Vedros’s separate obligations were in her possession during the community regime, and thus presumed to be community funds. • Clearly, the evidence presented did not establish the predicate fact that the funds used to pay

State v. Bernard

2008 La.App. 1 Cir. 1372R · Louisiana Court of Appeal · May 8, 2009

Miranda warnings are applicable only when it is established that the defendant has been subject to a “custodial interrogation.” Id. … In the present case, defendant’s incarceration in the East Baton Rouge Parish Prison clearly qualifies him as being “in custody.”

Pierre-Ancar v. Browne-McHardy Clinic

807 So. 2d 344 · Louisiana Court of Appeal · Jan 16, 2002

Corp., 33-378 (La.App. 2 Cir. 5/15/00) , 764 So.2d 1094 [2] : In a medical malpractice action, opinions of expert witnesses who are members of the medical profession and who are qualified to testify on the subject are necessary … She did not establish that she could satisfy her evidentiary burden at trial. Her assigned error has no merit.

Williams v. Robinson

98 La.App. 4 Cir. 3016 · Louisiana Court of Appeal · May 31, 2000

He acknowledged that he was not qualified to give an opinion as to the standard of care applicable to the emergency room treatment Terrell received. Called by plaintiffs to establish the cause of Terrell’s death, Dr. … Where there are two permissible views of the evidence, the fact finder’s choice between the two cannot be manifestly erroneous or clearly wrong. Rosell v.

State ex rel. J.Y.M.

10 La.App. 3 Cir. 841 · Louisiana Court of Appeal · Dec 8, 2010

Further, the record also clearly supports the State’s assertion that P.J.M. demonstrates unhealthy behavior. … We also find that the trial court was not clearly wrong in finding that the State satisfied its burden under La.Ch.Code art. 1015.

Keyser v. Triplett

322 So. 2d 294 · Louisiana Court of Appeal · Jan 16, 1976

The evidence clearly established that the plaintiff crossed the intersection against a red or "stop signal". … Undoubtedly, he qualified under Paragraph A of R.S. 32:24 and "may exercise the privileges set forth in this Section". However, these privileges are subject to the conditions found in Paragraphs C and D.