Case law

Harper v. Ragus

62 So. 2d 167 · Louisiana Court of Appeal · Dec 10, 1952

appellee have correctly stated in brief the issues which require our consideration: (1) Was the necessary employer-employee relationship in existence so far as the subject accident and resulting injury are concerned to qualify … We observe the foregoing authorities determine there must exist an intention to establish a partnership and that such intention must be clearly indicated by the parties to the particular arrangement.

State ex rel. CAM

565 So. 2d 523 · Louisiana Court of Appeal · Jun 27, 1990

Buxton, qualified as an expert in the field of psychology, clearly established that in his opinion the children were sexually abused children. … Buxton clearly establishes that appellant suffers from a behavioral conduct disorder that renders her unable to provide an adequate permanent home for the children now or in the reasonably near future.

Normann v. Burnham's Van Service

73 So. 2d 640 · Louisiana Court of Appeal · Jun 30, 1954

The combined weight of the articles appears to be 48 pounds, thus establishing appellant's maximum indebtedness at the sum of $14.40. … Clearly, the Secretary of State is not made the general agent of the nonresident for service of process in other kinds or classes of claims.

Louviere v. Louviere

839 So. 2d 57 · Louisiana Court of Appeal · Jun 5, 2002

We find no negligence by the Thibodaux defendants, as the evidence fails to establish that TPSO would have declined to hire Mr. Louviere if provided the alleged withheld documents. … The record clearly shows that Mr. Louviere received favorable job performance reviews while with the Thibodaux Police Department.

Audubon Exploration v. Linder Oil Co.

573 So. 2d 1180 · Louisiana Court of Appeal · Jan 16, 1991

The court's decision was based primarily on the testimony of Louis Lamarie, qualified as an expert in geology and in oil and gas operations. … Linder finds the most serious flaw in Audubon’s argument to be its failure to establish a connection between the enrichment and the alleged impoverishment.

SDT Industries, Inc. v. Leeper

793 So. 2d 327 · Louisiana Court of Appeal · Jun 22, 2001

the finding is clearly wrong or manifestly erroneous. … The jury's finding that the defendants violated Louisiana Unfair Trade Practices Law was clearly wrong.

State v. Johnson

2015 La.App. 4 Cir. 0679 · Louisiana Court of Appeal · Feb 3, 2016

Officer William Giblin, a criminalist, with the New Orleans Police Department, was qualified as an expert in the field of narcotics testing. … The defense counsel objected to this clearly improper argument and the trial judge properly- sustained the objection.

Matherne v. Barnum

2011 La.App. 1 Cir. 0827 · Louisiana Court of Appeal · Mar 19, 2012

Similarly, the issue of whether there were corroborating circumstances sufficient to establish an oral contract is a question of fact. Pennington Const., Inc. v. … A trial court has great discretion in determining whether to qualify a witness as an expert, and such discretion will not be disturbed on appeal |nin the absence of manifest error. Burdette v.

Dianne Bates v. Robert C. King

Louisiana Court of Appeal · Nov 2, 2005

Unlike the defendants in Cormier and Burton, the Kings have established themselves as restauranteurs. … On the record before us, we find that the Kings have clearly demonstrated that they were engaged in the normal course and scope of their employment with Pitt Grill at the time of Ms.

Valentine v. Southern Advance Bag Paper Co.

20 So. 2d 814 · Louisiana Court of Appeal · Nov 28, 1944

App., 12 So.2d 22 , 25, but was qualified to some extent, as is shown by that portion of the opinion which we quote, as follows: "But it is true, as we stated in the Johnson case [Johnson v. … Plaintiff's appeal was from the judgment as a whole, and, if he is entitled, as we have held, to judgment in his favor for compensation, then, clearly, he is also entitled to the other relief for which he prayed, namely,

L.E.P.S. v. R.G.P.

11 So. 3d 633 · Louisiana Court of Appeal · Jun 3, 2009

L.E.P.S., a school teacher, is clearly the more qualified parent in this regard. … In this case, the appointment of R.P. as “supervisor” does not qualify as the silver lining to an otherwise dark cloud.

Boyd v. WASHINGTON-ST. TAMMANY ELEC. CO-OP.

618 So. 2d 982 · Louisiana Court of Appeal · Apr 23, 1993

Danny Caples, an electrical engineer and an employee of the defendant, was qualified as an expert. … We cannot say that the trial court's findings were clearly wrong or manifestly erroneous.

Marenghi v. Louisiana Medical Mutual Insurance Co.

62 So. 3d 847 · Louisiana Court of Appeal · Apr 13, 2011

Even if the affidavit submitted by plaintiff was sufficient to establish a breach of the standard of care, plaintiff has not offered any evidence to establish that the purported breach caused or contributed to the decedent … and not qualified, to the same extent that prescription is suspended against the party or parties that are the subject of the request for review[.]

Riley v. Reliance Ins. Co.

703 So. 2d 158 · Louisiana Court of Appeal · Nov 19, 1997

Clearly, the jury could have concluded reasonably that Mrs. … Under the established jurisprudence of this circuit, the jury was entitled to place greater weight on the opinions of Mrs.

George v. M & G Testing and Services, Inc.

663 So. 2d 79 · Louisiana Court of Appeal · Dec 14, 1995

An "odd lot" claimant did not need to be absolutely helpless to qualify for TTD benefits. Id. … The claimant must establish his claim for medical benefits and show that they are related to the work accident to a reasonable certainty and by a preponderance of the evidence. Id.

State v. Thames

681 So. 2d 480 · Louisiana Court of Appeal · Sep 27, 1996

The State clearly failed to comply with defendant's discovery request for any evidence the State intended to use at trial in violation of article 718. … The court sustained the objection, advising defense counsel: "If you want him to testify, you can qualify him [as an expert in psychiatry] and call him as your own witness.

Shelton v. Hair

939 So. 2d 685 · Louisiana Court of Appeal · Sep 27, 2006

Art. 702" and that "[i]ts judgment will remain undisturbed unless clearly erroneous." Hall v. … [w]hen the verdict or judgment appears clearly contrary to the law and the evidence." La.Code Civ.P. art.1972(1).

Sanders v. Rhodes

452 So. 2d 197 · Louisiana Court of Appeal · May 16, 1984

We wish to make it clearly understood that the agency thusly established is irrevocable in the sense that it may not be cancelled or terminated by the executor or heirs of the testator without the consent of the attorney. … The minute entries in the transcript reflect that Patricia Mangle Sanders’ appointment as dative testamentary executrix was conditioned upon her qualifying. La.C.C.P.

Murray v. SERVALL SERVICES, INC.

9 La.App. 5 Cir. 107 · Louisiana Court of Appeal · Jan 12, 2010

Further, although claimant’s treating physician noted that the functional capacity evaluation indicated that claimant met the physical criteria for sedentary work with restrictions, his treating physician qualified the findings … It is well-settled that factual findings in workers’ compensation cases are subject to the manifest error or clearly wrong standard of review.

Carlos Turner v. Lafayette Parish Consolidated Government

Louisiana Court of Appeal · Dec 23, 2014

It further suggested that its showing demonstrated the unavailability of punitive damages and, in turn, the availability of its defense of qualified immunity due to reasonableness of the officer’s actions in light of the … that (2) resulted directly and only from a use of force that was clearly excessive, and (3) that the excessiveness was clearly unreasonable.