Case law

Herman v. St. Paul Insurance Co.

2006 La.App. 4 Cir. 0350 · Louisiana Court of Appeal · Dec 13, 2006

The deposition statements upon which the Hermans rely to prove the applicable standard of care are clearly insufficient to establish the applicable standard of care that was imposed on Dr. Caspi and Dr. Stopa. … Clearly, these statements do not establish the standard of care, and they do not prove that there was a breach in the standard of care.

Abshire v. Hartford Accident and Indemnity Co.

179 So. 2d 508 · Louisiana Court of Appeal · Oct 27, 1965

companion Lindsey decision, the identical provision of the federal rule which is the source of this code article, is interpreted to mean that the party seeking an order of compulsory medical examination has the burden to establish … Under them, while an employer might be clearly entitled in general to a medical examination, he is nevertheless not clearly entitled to the particular medical examination at the time and place and by the physician specified

State v. Qutoum

839 So. 2d 323 · Louisiana Court of Appeal · Jan 28, 2003

Further, Dyouk testified that, as clearly as he could recall, defendant confessed that he set fire to his own store to Dyouk on December 31, 1999. … the new evidence was not discovered before or during the trial; (2) The names of the witnesses who will testify and a concise statement of the newly discovered evidence; (3) The facts which the witnesses or evidence will establish

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

Willis v. Willis

355 So. 2d 999 · Louisiana Court of Appeal · Mar 31, 1978

Where the record clearly establishes nonentitlement to alimony, at the time alimony was initially set, as in this case, no necessity exists to show a change of circumstances. … In order to qualify for alimony under the article the wife must be in circumstances where "she has not sufficient means for her support."

Filmore Parc Apartments II v. Foster

2016 La.App. 4 Cir. 0568 · Louisiana Court of Appeal · Feb 15, 2017

“‘Exemptions from taxation are strictly construed, an exemption being an exceptional privilege which must be clearly and unequivocably and affirmatively established.’” Abundance Square Associates, L.P. v. … All of the housing units were required to be operated as “ ‘qualified low-income units’ under Section 42 of the U.S. Internal Revenue Code.” Id., 10-0324,p. 3, 62 So.3d at 263 .

State v. Taylor

12 La.App. 5 Cir. 25 · Louisiana Court of Appeal · Jun 28, 2012

Regarding the initial investigatory stop, we find that the record clearly reflects that defendant was stopped for a traffic violation. … At the trial of this matter on June 21, 2011, Aischa Prudhomme, of the Jefferson Parish Sheriffs Office Crime Laboratory, was qualified as an expert in the field of fingerprint identification.

State v. Francois

844 So. 2d 1042 · Louisiana Court of Appeal · Apr 9, 2003

Kemp clearly possessed the heroin that they were found packaging. The narrow issue is whether the state established the specific intent to distribute it. … As to the fourth factor, neither of the detectives who testified for the state was qualified as an expert; rather, they both testified based on their experience as narcotics officers.

Angelle Concrete, Inc. v. Sandifer

930 So. 2d 1200 · Louisiana Court of Appeal · May 24, 2006

The record establishes that the claimant suffered an on the job injury—a tear to the rotator cuff of his right shoulder. Both the company physician, Dr. Cohen and the claimant's own physician, Dr. … Sandifer's actions clearly show that he is not totally disabled, we find he is nonetheless still qualified for SEB.

Hassen v. Professional Investors Life Insurance Co.

503 So. 2d 1030 · Louisiana Court of Appeal · Feb 25, 1987

Nothing in the record indicates that the insurer made any attempt to qualify, withdraw or negate its admission. … The admitted fact that the policy had not been cancelled as of May 14, 1985, must be deemed conclusively established. CCP Art. 1468.

State v. Taylor

968 So. 2d 1135 · Louisiana Court of Appeal · Oct 24, 2007

After considering the arguments of counsel, the trial court refused to qualify Dr. … 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

Vonderhaar v. Parish of St. Tammany

633 So. 2d 217 · Louisiana Court of Appeal · Nov 24, 1993

This videotape clearly depicts the layout of the lounge and shows patrons as well as the female performers and their dance routines. … Tammany Parish ordinance will clearly have an adverse if not devastating effect on the morals, safety and peace of this parish.

Thibodeaux v. Comeaux

11 La.App. 3 Cir. 127 · Louisiana Court of Appeal · Jun 15, 2011

Kelley Seale Adamson was qualified as an expert in civil engineering with an emphasis on structures and in accident reconstruction, and the parties stipulated that Dean Tekell Jr. is an expert in highway design with an emphasis … Under this standard, “an appellate court may not disturb a [trial court’s] finding of fact unless the record establishes that a factual, reasonable basis does not exist and the finding is clearly wrong or manifestly erroneous

Williams v. Nelson

263 So. 3d 466 · Louisiana Court of Appeal · Dec 19, 2018

The inspector recommended an evaluation by a qualified licensed contractor. … Clearly, the letter does not state the Trustees had no knowledge regarding the condition of the property, but rather they had no knowledge of the defects plaintiffs claimed to uncover during their renovation project.

Dupin v. Chambley

94 La.App. 3 Cir. 345 · Louisiana Court of Appeal · Nov 23, 1994

We are unable to say the jury clearly erred when, after hearing all the evidence and observing the demeanor of each of the witnesses, it concluded that plaintiffs did not establish their case. … LSA-R.S. 13:4521 requires that a dollar amount be established as to costs for which LIGA may be required to pay.

James J. Hartman, Jr. v. St. Bernard Parish Fire Department & Fara

Louisiana Court of Appeal · May 20, 2020

The employer countered it had statutory immunity from tort actions because the alleged hearing losses arose out of the course and scope of the plaintiffs’ employment. … Hartman that Arrant conclusively established that work-related gradual hearing loss claims may be compensable under the LWCA.

State v. Stevenson

908 So. 2d 48 · Louisiana Court of Appeal · Jun 28, 2005

Since the word "intentional" is included in the above definition of sexual battery without a qualifying provision, this Court has held that, under LSA-R.S. 14:11, only general criminal intent is required as an essential element … She stated that he was communicating with her clearly and that they had established a rapport. Detective Labit testified at both the suppression hearing and at trial that Stevenson did not appear to be intoxicated.

Armstead v. Schwegmann Giant Super Markets, Inc.

618 So. 2d 1140 · Louisiana Court of Appeal · Apr 28, 1993

The only argument advanced to the trial court in support of defendant's motion for summary judgment was that the tort immunity exception of the Worker's Compensation Act precluded the plaintiff from maintaining this action … (Emphasis added) In my opinion this allegation clearly raises the question of whether plaintiff's injury resulted from the type of "intentional act" envisioned by La.R.S. 23:1032.

In Re: Interdiction of Stephanie R. Dehoog Vs.

Louisiana Court of Appeal · Feb 24, 2026

Eleanor’s testimony demonstrates that she is clearly concerned for her mother’s welfare. … DeHoog, it is unclear whether Eleanor would be legally qualified under La. C.C.P. art. 4561.

McGough v. Oakwood Mobile Homes, Inc.

779 So. 2d 793 · Louisiana Court of Appeal · Nov 1, 2000

Q: I thought you just testified that she qualified for an Oakwood home? A: That's correct. Q: Then why did you show her a River Valley home? … that the finding is clearly or manifestly wrong.