Case law

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.

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.

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.

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.

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).

Schroth v. Estate of Samuel

2011 La.App. 4 Cir. 1385 · Louisiana Court of Appeal · Apr 18, 2012

Because the first summary judgment did not dismiss any of the parties, but only dismissed particular issues or causes of action under Louisiana Code of Civil Procedure article 966 E, it did not qualify for treatment as a … The language of the lease is clear and unambiguous, clearly stating that the lessor would not be held liable to the lessees for any losses arising [ fiout of damage to, or destruction of the rental property, however caused

Narcise v. Jo Ellen Smith Hosp.

729 So. 2d 748 · Louisiana Court of Appeal · Mar 10, 1999

Defendant, for its part, argues that Judge Magee clearly intended for the partial summary judgment to be considered final and subject to immediate appeal. … Huffman established a genuine issue of material fact, the trial court erred in refusing to vacate the partial summary judgment.

State ex rel. J.Y.M.

45 So. 3d 1128 · Louisiana Court of Appeal · Aug 4, 2010

that the fact finder is clearly wrong or manifestly erroneous. … If there are two permissible views of the evidence, the fact finder’s choice between them cannot be manifestly erroneous or clearly wrong.

Moore v. Moore

3 La.App. 5 Cir. 1217 · Louisiana Court of Appeal · Jan 27, 2004

He explained that he had blood tests and immunizations and obtained a visa as required to live in the United States. … Rather, the fact that he had a previous mortgage for six years and good credit history qualified him for this loan. He acknowledged having recently purchased a $10,000.00 car.

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.

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.

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.

Jarnagin v. Louisiana Highway Commission

5 So. 2d 660 · Louisiana Court of Appeal · Jan 5, 1942

We are clearly of the opinion that the exceptions are well founded and shall dispose of the case upon those pleas. … However, as clearly reflected from the two Louisiana cases, proof of consequential damages must be clear, strong and convincing.

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. Flowers

509 So. 2d 588 · Louisiana Court of Appeal · May 1, 1987

Alvaro Hunt, pathologist for the Jefferson Parish Coroner's Office, was also qualified as an expert at trial. He testified that he performed the autopsy of the victim. … A trial court's determination of the admission of gruesome photographs will not be disturbed on appeal unless the prejudicial effect of the photographs clearly outweighs the probative value. State v.

Jackson v. Winn Dixie Stores, Inc.

439 So. 2d 1147 · Louisiana Court of Appeal · Oct 6, 1983

Plaintiffs' burden is to establish by a preponderance of evidence that the meat was in a deleterious condition when purchased and caused their illnesses. English v. … Brobson Lutz, an eminently qualified expert in internal medicine with expertise in public health and infectious diseases. [1] Dr.

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,

Stewart v. Livingston Parish Police Jury

340 So. 2d 1045 · Louisiana Court of Appeal · Dec 20, 1976

This rule was established in Police Jury of Caddo Parish v. … When these two provisions are considered together, they clearly indicate that the statute contemplates that, when an election is called on a ward-wide basis and the ward contains an incorporated municipality, the issue presented

State v. Willis

987 So. 2d 349 · Louisiana Court of Appeal · Jun 11, 2008

Nothing in the record establishes that the police officers knew that the defendant had a qualifying felony conviction prior to his arrest for possession of the weapon; Officer Monteleone specifically testified that at the … Accordingly, the specifics of the sentencing ranges were unnecessary to pursue the defense of fabrication, which the facts clearly show was not proven. Therefore, this claim is meritless.

Cheshire v. City of Minden

83 So. 2d 526 · Louisiana Court of Appeal · Nov 2, 1955

Citizens and taxpayers of an area annexed to a municipal corporation possess and enjoy the same rights, privileges and immunities as are enjoyed by the citizens of the former municipality. LSA-R.S. 33:179. … If this is true, there was not, therefore, nor could there be, any exception so as to eliminate a portion from within the corporate limits which was otherwise clearly and with certainty and precision described.