Case law

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.

Harvey v. Havard

225 So. 2d 615 · Louisiana Court of Appeal · Jul 2, 1969

There is clearly no title translative of ownership of all property west of the fence line. … His conclusion could not have been more clearly expressed: I specifically hold that the prescription provided under LSA-C.C.

State v. Mayho

601 So. 2d 783 · Louisiana Court of Appeal · May 28, 1992

Defendant asserts that the above testimony of Keesha Carter clearly indicates the State deliberately elicited the improper remarks from their witness. … This testimony is clearly prohibited by Article 608(B).

Widder v. Louisiana Citizens Property Insurance Corp.

2011 La.App. 4 Cir. 0196 · Louisiana Court of Appeal · Aug 10, 2011

Widder raises two assignments of error on appeal; 1) the district court erred by finding that the lead-based paint which originated in part from outside the property did not qualify as “direct physical loss” to trigger coverage … This policy is characterized as an “all risk” policy, one where all risks are covered unless clearly and specifically excluded. See Morgan v. Auto Club Family Ins.

Watson v. Morrison

340 So. 2d 588 · Louisiana Court of Appeal · Feb 14, 1977

If the recitation of events by Susan under hypnosis had been a spontaneous, uncontaminated recollection, there would have been no way for her to know this was, in fact, a feed truck, as it was clearly established that from … While it was not established by a preponderance of the evidence that Watson, in fact, drove into Susan Morrison's lane, it was established that as Watson's vehicle became visible to Susan Morrison over the crest of the hill

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.

Smith v. Lafarge North America, L.L.C.

2012 La.App. 1 Cir. 0337 · Louisiana Court of Appeal · Nov 2, 2012

For an appellate court to reverse a WCJ’s factual finding, it must find from the record that a reasonable factual basis does not exist for the finding of the WCJ and that the record establishes that the finding is clearly … Although the physicians were qualified to give an opinion as to the nature and treatment of Smith’s injury, the WCJ had the discretion to evaluate all of the testimony and to determine which physician’s opinion was most credible

Mathews v. Employers Mutual Fire Insurance

180 So. 2d 38 · Louisiana Court of Appeal · Oct 28, 1965

To the contrary, Sutton was clearly guilty of negligence, particularly in failure to observe and heed the left turn signal timely given by the driver of a preceding car; in turning out of a line of traffic in an attempt to … Mathews, an able, qualified, experienced, Registered Nurse, sustained serious and painful injuries in the cervical and lumbo-sacral areas.

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.

Thomas v. Petrolane Gas Service Ltd.

588 So. 2d 711 · Louisiana Court of Appeal · Oct 24, 1991

Thus, the trial court clearly erred in finding that agency liable for the accident. … Although the employer and insurer stated, in answering the petition and at trial, that self-insurance filled the void, no evidence established that Petrolane statutorily qualified for the classification of self-insurer under

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.

Chance v. Chance

694 So. 2d 613 · Louisiana Court of Appeal · May 7, 1997

Clearly, then, the district judge did not err in denying Mrs. Chance's tardy request. *617 Interest in Dr. … After considering the testimony of two certified public accountants regarding this asset, the trial court accepted the valuation established by Dr. Chance's expert, Steven Bayer.

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

Hickey v. Centenary Oyster House

690 So. 2d 858 · Louisiana Court of Appeal · Feb 26, 1997

This record clearly establishes that Nichols operated as an independent insurance agency, soliciting applicants for insurance from the general public to forward to different insurers or their general agents. … The legislature does not qualify the cause of the contemplated injury of a citizen as either intentional or negligent.

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.

Benoit v. Town of Vinton

99 La.App. 3 Cir. 308 · Louisiana Court of Appeal · Nov 10, 1999

The court in Pa-lacios, | zsupra stated the information sought by plaintiff clearly qualifies as reports, surveys, schedules, lists or data that has been compiled or collected. … for the privilege established by the portion of section 409 that is at issue in this case.

Texas Gas Transmission Corporation v. Fuselier

133 So. 2d 828 · Louisiana Court of Appeal · Nov 7, 1961

Defendant was not qualified to any degree whatever to give such an opinion and his testimony clearly cannot outweigh that of plaintiff's witness, Gilbert H. … The defendant here clearly did not sustain this burden. On further consideration we are of the opinion this case should not be remanded.

Succession of Geer

209 So. 2d 303 · Louisiana Court of Appeal · Apr 8, 1968

The language of Article 3004(3) clearly permits the surviving spouse on his petition alone to obtain possession of community property for himself and his minor children without first qualifying a tutor for the minor children … impede or frustrate this right, we conclude the bank cannot require the naked owner to receipt for property in its possession before releasing it to the usufructuary, provided that sufficient proof has been furnished to establish

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.