Case law

In Re Members of Class of Descendants Etc.

817 So. 2d 324 · Louisiana Court of Appeal · Apr 24, 2002

Reeves as an expert qualified to establish legal title. Dr. Reeves testified concerning his research on the plaintiffs' chain of title. … In the instant case, the first requirement has clearly been met.

Kaufman v. Sewerage & Water Bd.

762 So. 2d 644 · Louisiana Court of Appeal · May 3, 2000

wrong based on the evidence, or clearly without evidentiary support. … Touchet did not establish that he was qualified to give an opinion as to the distance from which a canal could effect ground water level at a designated property.

Sullivan v. Sullivan

801 So. 2d 1093 · Louisiana Court of Appeal · Jun 13, 2001

Sullivan's retirement package which would yield a monthly retirement benefit, but a separate and voluntary program offered to those qualified under the DROP program and solely earned by Mr. … Bailey clearly would have had the right to share, in the stipulated percentage, in the retirement benefits he would have received.

Pennington Const., Inc. v. RA Eagle Corp.

94 La.App. 1 Cir. 0575 · Louisiana Court of Appeal · Mar 3, 1995

Although the trial court did not address the issue, it is obvious that neither of the two contracts claimed by the parties in the instant case can qualify as a written contract. … Whether there were corroborating circumstances sufficient to establish an oral contract is a question of fact. Pelican Electrical Contractors v. Neumeyer, 419 So.2d 1 (La.

Andrew Bradley Towbin v. John T. Fuller and Darren P. Lombard in His Official Capacity as Clerk of Court for Criminal District Court for the Parish of Orleans

Louisiana Court of Appeal · Mar 3, 2026

The district court’s factual findings and oral reasons were clearly erroneous because they overlooked admitted documentary evidence and disregarded the controlling rule that doubts must be resolved … Fuller contends that the 2020 tax year does not fall within “the previous five tax years” for a candidate who qualified on February 13, 2026. We disagree.

Succession of Watkins

2016 La.App. 4 Cir. 0356 · Louisiana Court of Appeal · Dec 7, 2016

STANDARD OF REVIEW The standard of review regarding factual findings is whether the trial court was manifestly erroneous or clearly wrong. … The court qualified the witness as an expert in the field of residential damage appraisal adjustments.

Giles v. Breaux

160 So. 2d 608 · Louisiana Court of Appeal · Jan 16, 1964

Appoint a qualified hospital administrator who is the official representative of the governing body. … The purpose of following the seven recommendations above in order to effectively perform the legal and moral duty vested upon the governing body is clearly shown on page 13 of this pamphlet under the heading, "STATEMENT ON

State v. Sosa

892 So. 2d 633 · Louisiana Court of Appeal · Dec 28, 2004

Dennis Guidry, an investigator with the Jefferson Parish Arson Investigation Unit who qualified as an expert in the field of cause and origin of fires, testified for the State. … Richardson further challenged the accelerant theory on the lack of accelerant collected from the scene. *640 The record clearly establishes the experts disagreed as to whether this was an intentionally set fire.

Spitzfaden v. Daigle Welding Service, Inc.

607 So. 2d 951 · Louisiana Court of Appeal · Oct 29, 1992

Breeden also stated that a “borrowed servant” would clearly be covered by the alternate employer endorsement. Mr. … The testimony established that plaintiff got all of his orders directly from the Daigle tool pusher, who was the crew foreman.

Goodliffe v. Parish Anesthesia Associates

663 So. 2d 769 · Louisiana Court of Appeal · Oct 18, 1995

that the finding is not clearly wrong." … Fischer was qualified to testify on behalf of plaintiff. Defendants also contend that either Dr.

Brown v. Sanders

960 So. 2d 931 · Louisiana Court of Appeal · Mar 23, 2007

Pliner's report and that they would be unable to establish a breach of the standard of care. … Egan, as nurse practitioner, was not qualified under the medical malpractice act. [5] Mr. deGravelles does not dispute that he had all of Ms.

State v. Gray

533 So. 2d 1242 · Louisiana Court of Appeal · Sep 30, 1988

Bias does not preclude a witness from being qualified as an expert. It may however be considered by the jury in deciding what weight to give to the testimony. … Moreover, considering Doten's detailed review of behavior traits in abused children, the statement at issue was neither abstract nor indirect because Doten's testimony clearly established the facts upon which his expert opinion

Isiah Cole Jr. and His Wife, Karen Cole v. New Orleans Emergency Medical Services, City of New Orleans, Dereck Blanchard, Nicholas Manning

Louisiana Court of Appeal · Mar 6, 2025

that the fact-finder is clearly wrong or manifestly erroneous.” … The court qualified him as an expert in geriatrics, a field for which he is not board-certified.

McCraw v. Louisiana State University Medical Center

627 So. 2d 767 · Louisiana Court of Appeal · Dec 1, 1993

Although stating his belief that the WBC evinced an infection warranting further analysis, this physician qualified that position by professing no expertise in either infectious diseases or neonatal care. … However, the record clearly shows that daily monitoring by the LSU-MC staff regularly found the child’s fontanelle to be soft, flat, depressible, and pliable. Dr.

Holland v. TG & Y. STORES

451 So. 2d 1317 · Louisiana Court of Appeal · Jun 26, 1984

An odd lot claimant need not be absolutely helpless to qualify for total disability. … The record as a whole clearly established that Mrs. Holland's pain does not "appreciably limit the types of work available" to her. Lattin, supra at 693 .

Bayou Orthotic & Prosthetics Ctr., LL.C. v. Morris Bart, L.L.C.

243 So. 3d 1276 · Louisiana Court of Appeal · Mar 28, 2018

The trial court was presented with Bart's letters that clearly state that Bart would only protect Bayou's charges "out of any net settlement or proceeds obtained" as a result of any claims for damages arising out of Mr. … The "prerequisite condition" that Bart would pay "out of any net settlement or proceeds obtained," established in Bart's letters to Bayou, has not yet occurred, and therefore, Bayou's claim is premature: it was brought "before

Maxwell v. Care Solutions, Inc.

179 So. 3d 650 · Louisiana Court of Appeal · Sep 30, 2015

This statute clearly puts the burden of proving, that an injury arose out of a non-work related dispute on. the employer. Construing “dispute,” as that word is used in La. … It' is through active participation in the “dispute” that the employee |flincreases his risk of assault at work and, under such limited circumstances, the employer should be entitled' to immunity under the statute.

In Re Medical Review Panel Proceedings of Berry

2009 La.App. 4 Cir. 0752 · Louisiana Court of Appeal · Jan 27, 2010

STANDARD OF REVIEW "A court of appeal may not set aside a trial court's or a jury's finding of fact in absence of `manifest error' or unless it is `clearly wrong.'" Rosell v. … office that named providers are qualified."

Blanque v. Blanque

671 So. 2d 567 · Louisiana Court of Appeal · Apr 3, 1996

STATEMENT OF FACTS The uncontroverted evidence establishes Jennifer's severe disability. … A proceeding ... to establish an obligation of support may be brought in the parish where a party is domiciled or in the parish of the last matrimonial domicile. * * * * * * C.

Robinson v. Kelly

11 La.App. 5 Cir. 1135 · Louisiana Court of Appeal · May 8, 2012

This testimony is based on personal knowledge and clearly would be admissible at trial of the matter. If defendants had information that controverted Mr. … Robinson could not establish this fact at trial. La. C.C.P. art. 966(C)(2).