Case law

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.

Buford v. Cardinal Services, Inc.

1 La.App. 3 Cir. 0738 · Louisiana Court of Appeal · Dec 12, 2001

Buford to produce factual support sufficient to establish that he will be able to satisfy his evidentiary burden of proof at trial. If Mr. … Thirty percent is simply a guideline, a minimum below which an individual generally does not qualify as a seaman”).

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."

Merlin v. Fuselier Const., Inc.

789 So. 2d 710 · Louisiana Court of Appeal · May 30, 2001

The existence of a redhibitory defect is a question of fact which cannot be disturbed unless therecord as a whole establishes that the finding is manifestly erroneous or clearly wrong. … Under these circumstances we cannot say that the trial court was clearly wrong in qualifying Mr. Ryan as an expert. Finally, defendants argue that the trial court erred in allowing prejudicial hearsay evidence.

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

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.

Metro City Redevelopment Coalition, Inc. v. Brockman

2013 La.App. 1 Cir. 1615 · Louisiana Court of Appeal · Mar 21, 2014

The trial court’s factual findings in a quo warranto proceeding are reviewed on appeal under the manifest error/clearly erroneous standard of review. See In re Interdiction of Vick *499 nair, 822 So.2d at 52 ; Hale v. … Acknowledgments may be taken before any notary public duly appointed and qualified in Louisiana. La. R.S. 35:3.

Handy v. NEW ORLEANS DEPT. OF CIVIL SERVICE

2003 La.App. 4 Cir. 0535 · Louisiana Court of Appeal · Sep 17, 2003

Due to a seizure disorder controlled by daily medication, the appellant did not qualify for a CDL. The appellant, however, met every other requirement for the position. … First, the Commission's factual determinations are reviewed under the clearly erroneous/manifest error standard of review. Id.

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.

Mathew Whitehead v. Christus Health Central Louisiana

Louisiana Court of Appeal · Jun 8, 2022

Brown, and Sound Physicians all submitted proof that they qualify for coverage as a private health care providers under the Louisiana Medical Malpractice Act. … As Plaintiffs note in their brief, the law has established that the meaning of the words “gross negligence,” “willful” and “intentional” apply the same. This court in Bryant v.

Wright v. Hirsch

572 So. 2d 783 · Louisiana Court of Appeal · Dec 20, 1990

Wright, was qualified as an expert in general surgery. … Qualifying his contention, Dr.

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.

Baker v. State, Dept. of Health & Human Resources

2005 La.App. 3 Cir. 808 · Louisiana Court of Appeal · Feb 1, 2006

The trial |4court found that Article 704 applies to expert witnesses and that it did not apply to Sanders, who was not qualified as an expert. We also agree. … Pursuant to the well-established law, we will not set aside a jury’s finding of fact in the absence of manifest error or unless it is clearly wrong. Rosell v. ESCO, 549 So.2d 840 (La.1989).

State v. Nelson

25 So. 3d 905 · Louisiana Court of Appeal · Oct 28, 2009

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 *910 beyond … The “Blockburger test,” established by the United States Supreme Court in Blockburger v.

MEDICAL REVIEW PANEL v. Meadowcrest Hosp.

858 So. 2d 99 · Louisiana Court of Appeal · Sep 17, 2003

MMA provides that "[n]o action against a health care provider covered by this Part, or his insurer, may be commenced in any court before the claimant's proposed complaint has been *104 presented to a medical review panel established … If emergency room physicians can be deemed to be employees of a hospital despite contracts providing that they are independent contractors, then nurses working under contract with a hospital can clearly be deemed to be employees

Armstrong v. Land & Marine Applicators, Inc.

463 So. 2d 1331 · Louisiana Court of Appeal · Nov 13, 1984

provided, that as to the question of the liability as between the employer and the insurer the terms of the insurance contract shall govern, and provide, further, that a contract of indemnity may be issued to an employer *1335 qualified … Consequently, we pretermit the question of the viability of the 36 month provision in the context of admiralty law until such time plaintiff's seaman status is established.

Odom v. International Paper Co.

736 So. 2d 290 · Louisiana Court of Appeal · May 5, 1999

Factual findings in workers' compensation cases are subject to the manifest error or clearly wrong standard of appellate review. Banks v. … The testimony also establishes that Richards used some degree of force or pressure on Odom's arm in an attempt to redirect claimant to his work station.

Lestage v. Harris

261 So. 3d 12 · Louisiana Court of Appeal · Nov 8, 2018

The City Charter of the City of DeRidder clearly establishes a continuing obligation on a council member at-large to maintain his domicile in, and actually reside in, the City of DeRidder. Although Mr. … Further, a change in domicile for the purposes of qualifying for public office occurs when there is a change in actual residence accompanied by an intention to make a new principal establishment or home.

Filipski v. Imperial Fire & Casualty Insurance

8 La.App. 3 Cir. 431 · Louisiana Court of Appeal · Apr 8, 2009

Thereafter, if the adverse party fails to produce factual support sufficient to establish that he will be able to satisfy his evidentiary burden of proof at trial, there is no genuine issue of material fact. … Furthermore: Whether UM coverage was offered or validly rejected is relevant only if the claimant has qualified as a liability insured...