Case law

Sanders v. Coastal Bridge Co.

2005 La.App. 1 Cir. 2661 · Louisiana Court of Appeal · Nov 3, 2006

Sanders was qualified for and that did not involve working at heights. According to Ms. Seyler, Ms. … There is no evidence that clearly and convincingly suggests otherwise.

Allen v. Superior Insurance Co. of Dallas

192 So. 2d 820 · Louisiana Court of Appeal · Nov 15, 1966

Thomas Campanella testified on behalf of plaintiff and was qualified as an expert orthopedist. … Meuleman is a qualified orthopedist whose testimony was taken by deposition.

Picone v. Lyons

593 So. 2d 829 · Louisiana Court of Appeal · Apr 3, 1992

But Picone has apparently alleged a cause of action because although Louisiana amended its worker's compensation laws to grant executive officers immunity from tort claims, Picone alleges his silicosis was caused by negligent … By adding in the new co-defendants twelve years after filing the original petition, sufficient prejudice is established to preclude the applicability of C.C.P. Art. 1153 under the facts in this case. Ray v.

Bay v. Jefferson Parish Public Schools

2016 La.App. 4 Cir. 0890 · Louisiana Court of Appeal · Apr 26, 2017

R.S. 17:1201, no statute exists limiting the combination of both TTD benefits and sabbatical leave pay where an otherwise eligible public school teacher qualifies for both. … The decision to impose penalties and fees is essentially a factual issue subject to the manifest error-clearly wrong standard' of review. Authement v.

Simpson v. Stevenson

852 So. 2d 1093 · Louisiana Court of Appeal · Aug 6, 2003

Defendant argues that the affidavit was inadequate because the affiant did not state that she supervised the tests or that she was a qualified examiner of blood samples and did not establish the chain of custody of the samples … Based upon this record, we conclude the trial court was not clearly wrong in finding that the plaintiff established by a preponderance of the evidence that defendant is the biological father of the minor child.

Stroud v. Standard Accident Insurance Co.

90 So. 2d 477 · Louisiana Court of Appeal · Oct 25, 1956

Plaintiff clearly and unequivocably, throughout her testimony, wholly and completely exonerated Miss Haubtman from any act of negligence. Her statements were straightforward and unqualified. … No attempt was made to withdraw her statements or to qualify her testimony in any manner. In those respects the instant case is distinguishable.

Johnson v. DYKES OIL CO.

72 So. 3d 418 · Louisiana Court of Appeal · Aug 10, 2011

approved for an unpaid vacation; • had been fired for approving her own paid vacation without approval from her supervisor; • deliberately disregarded the interest of the company; • engaged in aggravated misconduct; • was not qualified … That being so, its legal conclusion is clearly wrong. In other words, despite finding Johnson had no intent to do wrong, the board affirmed the ALJ’s denial of benefits because of Johnson’s misconduct. This cannot be.

Bowman v. F. Christiana and Co., Inc.

553 So. 2d 971 · Louisiana Court of Appeal · Nov 16, 1989

This evidence was apparently introduced in order to establish another cause for plaintiff's termination. However, we give no credence to this evidence insofar as it might establish such an independent cause. … She said that based upon these reports and plaintiff's history, he was qualified for a number of jobs.

Aderholt v. Metro Security, Inc.

14 La.App. 5 Cir. 880 · Louisiana Court of Appeal · Mar 25, 2015

order to prove a prima facie case of age discrimination, the plaintiff must show that: 1) she is in the protected age group (over age forty); 2) her employment with the defendant was involuntarily terminated; and 3) she was qualified … Second, the appellate court must further determine that the record establishes that the finding is clearly wrong or manifestly erroneous. Stobart v. State through Dept. of Transp. and Dev., 617 So.2d 880, 882 (La.1993).

Godchaux v. Peerless Insurance Co.

13 La.App. 3 Cir. 1083 · Louisiana Court of Appeal · Jun 4, 2014

I would exclude his testimony based on a finding that the defendants have not established that there is an accepted field of expertise in “causation analysis.” While Dr. … Bain may have been qualified as an expert in “biome-chanics” and “accident reconstruction,” the record before us does not support that he performed any tests, examined the specific vehicles, or performed or reviewed any “

Villa v. Geico Cas. Ins. Co.

239 So. 3d 346 · Louisiana Court of Appeal · Feb 15, 2018

After qualifying as an expert optometrist, Dr. Menard explained to the jury that he first started treating Ms. Villa in April 2011. … The tenth day would be August 3, which is clearly ten days before the cancellation date of August 5. Ms.

Perry v. Herrin

215 So. 2d 167 · Louisiana Court of Appeal · Jan 20, 1969

The Highway Department's negligence was clearly a legal cause of the accident. … Perry is established. It is incumbent upon the Perrys to show by clear and convincing evidence that Mrs.

Mouret v. Belmont Homes, Inc.

12 La.App. 3 Cir. 55 · Louisiana Court of Appeal · May 30, 2012

Unless grounds for vacating, modifying or correcting the award are established, the award must be confirmed, and the burden of proof is on the party attacking the award. … Plaintiffs’ claim that there was *597 only one arbitrator qualified to hear their dispute is not borne out by the record.

State v. Smith

713 So. 2d 650 · Louisiana Court of Appeal · May 13, 1998

Detective Freeman was qualified by the court as an expert in the packaging, distribution, sale, and cash value of crack cocaine. … A trial court is not required to render a suspended sentence or probation on a first (or qualifying second) felony offense.

State v. Zihlavsky

764 So. 2d 250 · Louisiana Court of Appeal · Jun 21, 2000

When the direct evidence is thus viewed, the facts established by the direct evidence and inferred from the circumstances established by that evidence must be sufficient for a rational trier of fact to conclude beyond a reasonable … Clearly, this unanimous jury rejected the defense's theory, finding him guilty as charged of aggravated kidnapping.

McWhiney v. State, Department of Public Safety

514 So. 2d 1202 · Louisiana Court of Appeal · Oct 28, 1987

Section 662 establishes the crucial presumption that one is “under the influence of alcoholic beverages” with a blood test reading of .10. … Clearly, a license cannot be suspended without the presumption established by Section 662.

Central Sav. Bank & Trust Co. v. Succession of Brandon

167 So. 515 · Louisiana Court of Appeal · Apr 30, 1936

Levy qualified as tutor of the minors. Their mother predeceased the father. … They argue that by so accepting said succession, Oscar Brandon legally established-a conditional obligation in favor of all creditors of the succession of which the bank, as holder of said notes, might have availed itself

Warren v. Sabine Towing and Transp. Co.

2002 La.App. 3 Cir. 0573 · Louisiana Court of Appeal · Oct 30, 2002

Warren's widow, Evelyn Yvonne Warren, qualified as administratrix of his estate and continued the litigation as party plaintiff. … Warren did nothing to establish that her husband's disease and progression to AML was any different from that encountered in the parts of the population not so exposed.

Kihneman v. Louisiana State Board of Optometry Examiners

96 So. 2d 402 · Louisiana Court of Appeal · Jun 28, 1957

Courts can not control that selection. * * “The recognition by the constituted authorities of another state that a person was properly qualified to practice medicine, and that the medical college whose diploma he presented … The record clearly disproves the contention of ' discrimination. The college prior to 1942 was on the approved list of the Louisiana State Board of Optometry Examiners.

Thoulion v. Jeanfreau

794 So. 2d 936 · Louisiana Court of Appeal · Jun 20, 2001

R.S. 9:2794 sets forth the burden of proof imposed upon a plaintiff in establishing a medical malpractice claim. … Section 1299.42B(2) limits the liability of a single qualified health care provider to $100,000 for the injury to or death of any one person.