Case law

Rivers v. Schlumberger Well Surveying Corp.

389 So. 2d 807 · Louisiana Court of Appeal · Oct 8, 1980

The testimony at trial establishes that there were offsetting considerations for not using the middle berth. … The allegations are clearly drafted to the end of establishing liability under said federal law. The petition does not mention any action under Louisiana Tort Law.

Thornton v. National RR Passenger Corp.

802 So. 2d 816 · Louisiana Court of Appeal · Nov 14, 2001

First, he claims that the information contained in the documents does not qualify as subsequent remedial measures. Alternatively, Mr. … As such, they do not qualify as subsequent remedial measures under the rules set forth in Fontenot and Northern Assurance Co.

Haley v. Haley

197 So. 3d 202 · Louisiana Court of Appeal · May 31, 2016

The Louisiana Civil Code has established a test to determine when timber may be classified as a fruit. Comment (b) to La. … The finding of fact by the trial court was clearly wrong.

Lilley v. BOARD OF SUP'RS OF STATE UNIV.

735 So. 2d 696 · Louisiana Court of Appeal · Mar 24, 1999

As for the existence of a duty, the defendant maintains that the plaintiffs failed to establish the existence of a duty to warn of the presence of asbestos in the building. … As for the cause-in-fact element, this prong of the inquiry is clearly established by the record.

Graham v. St. Landry Parish School Board

689 So. 2d 595 · Louisiana Court of Appeal · Feb 5, 1997

Graham asserts that in the 1991-1992 school year the Board employed non-certified teachers in positions for which he, a certified teacher, was qualified. … La.R.S. 17:81 clearly retains in the Board the authority not only to measure their subordinate’s conduct, but also final authority on which teachers are hired.

State v. Williamson

805 So. 2d 1235 · Louisiana Court of Appeal · Jan 23, 2002

Clearly defendant had the specific intent to kill or cause great bodily harm to Estal, Scott and Michael Thompson. … The eyewitness testimony clearly established that defendant went into the Soap Opera with the stated purpose of kidnaping his girlfriend and killing anyone who interfered.

Manzanares v. AMERICAN INTERN. FOREST PRODUCTS, INC.

389 So. 2d 1142 · Louisiana Court of Appeal · Dec 5, 1980

Hogue, the sales and traffic manager for Wickes at Grangeville, Idaho, who qualified as an expert in the field of lumber, testified that to be labeled "kiln-dried" the Ponderosa Pine must have a moisture content not greater … We are unable to say the jury was clearly wrong in its finding that the lumber became defective for use as paneling while in Pierre Guidry's custody and the seller knew of the vice.

Gulf States Section v. Whitney Nat. Bank

689 So. 2d 638 · Louisiana Court of Appeal · Feb 12, 1997

George Panzeca Jr. was qualified by the court as an expert in certified public accounting practices. Panzeca testified that Brown's practices concerning the handling of the PGA account were not appropriate. … We are unable to say that such a finding is clearly wrong. We now address the real crux of this appeal, as we see it.

White v. Louviere

664 So. 2d 603 · Louisiana Court of Appeal · Nov 2, 1995

In Alexander , this court merely found that the existence of a single tree root did not, by itself, qualify as an unreasonable risk of harm. … In order to establish strict liability and the right to recovery under Article 2317, the plaintiff must prove three elements: (1) the thing had a vice or defect; (2) the thing was in the defendant's custody; and (3) the injury

Fraering v. State National Bank

542 So. 2d 820 · Louisiana Court of Appeal · Apr 19, 1989

The existence of a redhibitory defect is a question of fact which can not be disturbed unless the record as a whole establishes that the finding is clearly wrong. Fogal v. … Alfred Joseph Theriot was qualified as an expert in the field of architecture and general residential construction, and testified on behalf of State National. Mr.

State v. Lee

577 So. 2d 1193 · Louisiana Court of Appeal · Apr 3, 1991

Therefore, the fingerprint card would also qualify under subsection 803(8)(a)(i) of the Louisiana Code of Evidence. In State v. Nicholas, supra, and State v. … Bath Company, is marked as "BCPD form no. 85", clearly referring to "Bossier City Police Department."

Garner v. Law

560 So. 2d 108 · Louisiana Court of Appeal · Apr 18, 1990

The evidence establishes that on January 4, 1987, Ms. Law was driving the vehicle in a westerly direction on SR-21 in Nacogdoches County, Texas, when she left the road, striking a culvert. … It is undisputed that Rose Law does not qualify as a “FAMILY MEMBER” under the policy, so, in order for the plaintiff to prevail he must prove that Ms. Law was an omnibus insured. For Ms.

D'Amico v. City of Baton Rouge

620 So. 2d 1199 · Louisiana Court of Appeal · May 28, 1993

The legislature shall establish uniform statewide office hours for clerks of the district courts. … The term agency is used in describing those bodies created or established by governing authorities of a parish or municipality. Brasseauxv.

Donaldson v. Donaldson

831 So. 2d 416 · Louisiana Court of Appeal · Oct 29, 2002

good" collective *419 bargaining agreement from the beginning through the end of his employment, that there was no indication that Donaldson had "a large jump" at any point in his career, and that the testimony did not establish … Under Blanchard, therefore, clearly the non-employee spouse may ensure payment of his or her interest in benefits by use of a QDRO.

City of Natchitoches v. Cox

135 So. 2d 302 · Louisiana Court of Appeal · Dec 11, 1961

Domino, 233 La. 1014 , 99 So.2d 328 , which holds that the testimony of an expert, qualified and accepted as an expert witness, should be given effect only if and when it appears to be well grounded from the standpoint of … Other evidence in the record shows clearly that this would have to be done. We note further that Mr.

Zimko v. American Cyanamid

905 So. 2d 465 · Louisiana Court of Appeal · Jun 8, 2005

Tate & Lyle thus argues that the trial court erred in apparently finding the "intentional act" exception to workers' compensation immunity applies. [7] *475 Mrs. … That momentary exposure, if any, was insufficient, as established by Dr. Roggli's testimony, to establish causation.

Richard v. State Farm Mutual Automobile Insurance Co.

907 So. 2d 886 · Louisiana Court of Appeal · Jun 29, 2005

Richard qualifies for the exception in all ways but one — it is undisputed that Mr. Richard was injured while he was driving a vehicle owned as separate property by his spouse with whom he lived. In Taylor v. … That is a novel and interesting argument, but is better addressed to the legislature; the statute clearly commands the instant result.

State v. Small

693 So. 2d 180 · Louisiana Court of Appeal · Apr 2, 1997

Tingle, she had qualified as an expert in serology approximately 50 times and in DNA analysis on ten occasions. … Tingle explained her credentials and noted that she has qualified as an expert in DNA ten times; in fact, she has never failed to so qualify. This assignment is without merit. Assignment of Error No. 17.

Luther Charles v. Transcontinental Gas Pipeline, LLC

Louisiana Court of Appeal · Mar 12, 2025

Galligan, Jr., The Employer’s Tort Immunity: A Case Study in Post–Modern Immunity, 57 La.L.Rev. 467, 488 (1997). … We find this evidence sufficiently establishes a contract between Blue Fin and Hydrochem.

Hall v. Hy-Tech Roofing Services, Inc.

99 La.App. 5 Cir. 436 · Louisiana Court of Appeal · Nov 10, 1999

Subsequently, defendants filed a motion for summary judgment on the ground that the above cited law provides tort immunity from plaintiffs’ claims. … The clear aim of the legislature was to use the, well-established division between intentional torts and negligence in common law.