Case law

Louis Ridgel v. Mitchell Chevalier, St. Bernard Parish Fire Department Through the St. Bernard Parish Government, and Lexington Insurance Company

Louisiana Court of Appeal · Jan 8, 2020

Chevalier’s actions constituted gross negligence despite the immunity established by La. R.S. 32:24. We agree. The immunity established in La. … Testimonial evidence established that Mr. Chevalier attempted to make a right turn from the left lane. Mr.

Brodnax v. Foster

92 So. 3d 427 · Louisiana Court of Appeal · Apr 11, 2012

The applicable standard of review is the manifestly erroneous or clearly wrong standard. … the finding is clearly wrong.

Nicholas v. Housing Authority of New Orleans

477 So. 2d 1187 · Louisiana Court of Appeal · Oct 8, 1985

We find that the appointing authority has failed to establish legal cause for disciplinary action in this instance. We find the legal conclusions of the commission in this instance are clearly wrong. … Because they furnish us with that money, there are certain things that we must live up to in order to qualify for that money.

Richard v. SUPREME SUGAR CO., INC.

2010 La.App. 1 Cir. 1835 · Louisiana Court of Appeal · Jun 2, 2011

In so holding, this court reasoned: Clearly, it does not appear that the Legislature intended to provide workers’ compensation death benefits to the survivors of retired employees based upon the retiree’s social security … "Rather, the statute establishes entitlement and references the calculation of the death benefit payment, which is based on the injured employee's wages at the time of the accident.”

State in Interest of TK

568 So. 2d 636 · Louisiana Court of Appeal · Oct 3, 1990

Lonowski, qualified as an expert in the field of clinical psychology, clearly established that in his opinion TK was a sexually abused child, abused by RD's children, that BT was informed of the sexual abuse of TK and planned … Lonowski clearly established that appellant, suffering a severe and chronic personality disorder, did not possess the emotional or behavioral resources to provide a safe, protective and nurturant child-rearing environment

Thibodeaux v. Thibodeaux

525 So. 2d 69 · Louisiana Court of Appeal · Feb 3, 1988

However, from the evidence in the record before us we are unable to say that this conclusion of the trial court was clearly wrong. … Even if a portion of these other expenses is attributable to the children, we feel that plaintiff's low income qualifies her as not having sufficient means for support.

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.

Simmons v. Transit Management of Southeast Louisiana, Inc.

2000 La.App. 4 Cir. 2530 · Louisiana Court of Appeal · Feb 7, 2001

Moreover, the privilege created by the work-product doctrine is qualified, not absolute. Id. at 131 . Discovery statutes should be liberally construed to achieve their purpose. Id. … Thus, the instant case is clearly distinguishable from Sass . Thus, the trial court order compelling production of the materials is affirmed. WRIT GRANTED; RELIEF DENIED; TRIAL COURT JUDGMENT AFFIRMED.

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.

Aymami v. St. Tammany Parish Hospital Service District No. 1

2013 La.App. 1 Cir. 1034 · Louisiana Court of Appeal · May 7, 2014

that the finding is not clearly wrong (manifestly erroneous). … A trial court’s decision to qualify an .expert will not be overturned absent an abuse of discretion. Johnson, 63 So.3d at 99 .

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.

State v. Johnson

440 So. 2d 838 · Louisiana Court of Appeal · Oct 24, 1983

Clearly, this assignment of error is without merit. … He specifically *845 noted that the defendant does not qualify for probation or a suspended sentence and stated that even if he did qualify he would be a poor candidate because of his extensive criminal activity.

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.

Moore v. Iasis Glenwood Regional Medical Center, Inc.

216 So. 3d 187 · Louisiana Court of Appeal · Feb 15, 2017

When granting the JNOV, the trial court clearly discounted Nurse Vollmar’s testimony and determined that actions not documented in the medical records did not occur. … They state that the jury clearly agreed with their experts’ characterization of Mr. Moore’s injury as continuing, and not transient, in nature.

State v. DeShazo

504 So. 2d 963 · Louisiana Court of Appeal · Mar 4, 1987

However, in the absence of qualifying provisions, the terms ‘intent’ and ‘intentional’ have reference to ‘general criminal intent.’ … The state asserts that DeShazo’s “actions clearly demonstrate that she was aware that the consequences of her actions were certain to follow.”

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.

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

Sherwood Forest Country Club v. Litchfield

978 So. 2d 443 · Louisiana Court of Appeal · Apr 25, 2008

A tax exemption, being an exceptional privilege, must be expressly and clearly conferred in plain terms and must be unequivocally and affirmatively established by the taxpayer. See Willis-Knighton Medical Center v. … In reliance on Black's Law Dictionary, the third circuit determined that the plaintiff qualified as a "fraternal organization" within the meaning of the statute.

Barras & Breaux v. Champeaux

526 So. 2d 1231 · Louisiana Court of Appeal · Apr 6, 1988

Both sides presented well qualified real estate appraisers, none of whom agreed with another. … In the instant situation, all four of the real estate appraisers were qualified in their field of expertise.