Case law

McDaniel v. Caddo Parish School Board

347 So. 2d 33 · Louisiana Court of Appeal · May 23, 1977

Jefferson Parish School Board, 206 La. 317 , 19 So.2d 153 (1943) in part as follows: There is nothing more firmly established in law than the principle that, within the limits of their authority, the power and discretion … It is only when it is clearly shown that the action of such a board is beyond its authority or is arbitrary, unreasonable, or fraudulent that a court is justified in interfering. ****** It is indisputable that the jurisprudence

Lastrapes v. CNA Ins. Co.

401 So. 2d 658 · Louisiana Court of Appeal · Jun 30, 1981

An odd lot claimant need not be absolutely helpless to qualify for total disability. … Clearly, she is not.

Lantier v. Aetna Cas. & Sur. Co.

614 So. 2d 1346 · Louisiana Court of Appeal · Mar 3, 1993

We reverse as clearly wrong the jury's determination that Webb was not negligent. … Aetna argues that the airboat motor, when viewed from overhead, is clearly within the spatial boundaries of the hull, qualifying it as an inboard motor.

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.

Eldridge v. Federal Compress Warehouse Co.

24 So. 2d 492 · Louisiana Court of Appeal · Nov 29, 1945

The testimony clearly establishes the fact that plaintiff was practically covered with pieces of iron and timber, and it is further established that some of these pieces were of considerable weight. … The testimony of four doctors testifying on behalf of plaintiff, and five testifying for defendant, all qualified as expert medical witnesses, discloses the usual irreconcilable difference of opinion which has come to be

Shannon J. Clement v. Dusty Reeves

Louisiana Court of Appeal · Jan 30, 2008

Clearly, LCG was provided with immunity from negligence in its efforts to remedy the effects of Hurricane Lili during the state of emergency absent a showing of willful misconduct. Castille v. … We again recognize that “Clearly, LCG was provided with immunity from negligence in its efforts to remedy the effects of Hurricane Lili during the state of emergency absent a showing of willful misconduct.

State v. Guillory

502 So. 2d 258 · Louisiana Court of Appeal · Feb 4, 1987

Such a determination is within the sound discretion of the trial court and, like all questions of fact, is entitled to great weight and will not be disturbed unless clearly contrary to the evidence. State v. … The defendant objected on the basis that Folds was not qualified as a custodian of the report.

Succession of Schmolke

2012 La.App. 4 Cir. 1630 · Louisiana Court of Appeal · Jun 13, 2013

It is undisputed that Tara’s Catina property and Darren’s business were each one’s exclusive separate property, having been acquired prior to the establishment of the community property regime. See La. … respect to the engagement ring, we find, based upon Darren’s own testimony, that the ring was a pre-marriage gift from him to Tara and was surely her separate property because it was property acquired by her prior to the establishment

Bethea v. La. Dept. of Transp. & Development

415 So. 2d 535 · Louisiana Court of Appeal · May 25, 1982

The plaintiffs have clearly shown that the trial court's conclusion concerning DOTD's negligence was correct. … Here, the trier of fact specifically rejected the defense of intoxication, saying: ... the evidence is clear that the blood sample was taken by one who was not qualified to do it.... and ... the court feels that it has not

Roby v. BD. OF TRUSTEES OF EMPLOYEES'RETIREMENT SYS. OF NEW ORLEANS

650 So. 2d 811 · Louisiana Court of Appeal · Jan 31, 1995

The plaintiffs' argument is very general and the record contains no testimony or evidence that clearly shows there is no rational basis for the distinction. … One conceivable state interest is to make the elected position attractive to qualified persons who might otherwise opt for private employment. Cf. Clark v.

Pino v. Bennett

126 So. 2d 460 · Louisiana Court of Appeal · Jan 30, 1961

of the corporation it was incumbent upon defendant to make this clearly and unmistakably known to plaintiff. … That plaintiff himself qualifies as the “one credible witness” required by Article 2277 of our Revised Civil Code is hardly open to argument. See Cormier v. Douet, supra.

State v. McGuire

481 So. 2d 740 · Louisiana Court of Appeal · Dec 26, 1985

You will be allowed to call a physician or other qualified person of your choice to give you an additional test, at your expense, if you so desire. C. … The factual statement to the contrary made by the majority is clearly wrong.

State v. Hart

2004 La.App. 4 Cir. 0121 · Louisiana Court of Appeal · Aug 18, 2004

A factfinder’s credibility decision should not be disturbed unless it is clearly contrary to the evidence. State v. … The coroner testified that the continued abuse weakened the child’s immune system, but she would have survived absent the head trauma.

Watkins v. LAKE CHARLES MEMORIAL HOSP.

896 So. 2d 130 · Louisiana Court of Appeal · Dec 15, 2004

The amount of damages awarded was clearly excessive. … Medications: Concerta (54 mgs.) ($170.00/mo. × 64 yrs.) $ 130,560.00 Concerta (18 mgs.) ($97.50/mo. × 64 yrs.) $ 74,880.00 Clonidine ($22.50/mo. × 64 yrs.) $ 17,280.00 [3] A qualified health care provider's limitation of

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.

State v. Batiste

669 So. 2d 553 · Louisiana Court of Appeal · Jan 31, 1996

They thereafter immediately established their matrimonial domicile in San Antonio, Texas. The couple had one child, Misty, born December 6, 1970. In June of 1972, Ms. … These clearly do not qualify as child support. We therefore remand this case for the sole purpose of allowing Mr. Batiste an opportunity to prove that Ms. High received any of the support he allegedly mailed.

Nugent v. Nugent

232 So. 2d 521 · Louisiana Court of Appeal · Feb 11, 1970

The mother has been diligent in her efforts to regain the custody, and she has clearly demonstrated her love for her child. … which is "best suited for the living conditions of said minor child," that she is "best able to provide for the care, maintenance and upkeep of said child," that she is "gainfully employed," and that she has arranged for a "qualified

Tenneco Oil Co. v. Chicago Bridge & Iron Co.

495 So. 2d 1317 · Louisiana Court of Appeal · Dec 5, 1986

The evidence clearly supports this claim. … The evidence clearly supports this claim.

CHF Finance Discount "A" Co. v. Hall

249 So. 2d 217 · Louisiana Court of Appeal · Jun 7, 1971

The record clearly shows that there are several debts and obligations of the defendant which were in existence at that time, but which were not included on his financial statement. … If it were otherwise, a creditor could easily make its credit or loan immune from discharge in bankruptcy by the simple expedient of closing its eyes to what is obviously not true, and easily detected.”

Primeaux v. St. Paul Fire & Marine Ins. Co.

862 So. 2d 496 · Louisiana Court of Appeal · Dec 17, 2003

STANDARD OF REVIEW We begin by noting the well established rules of appellate review of jury and trial court decisions. … When the alleged negligence of a specialist is at issue, only those qualified in that specialty may offer expert testimony and evidence of the applicable standard of care. Fox v.