Case law

Kirby v. Terminal Paper Bag Co.

16 So. 2d 597 · Louisiana Court of Appeal · Dec 2, 1943

He applied to have the case reopened, after establishing residence in Ohio, on the ground that his disability had become permanent. … If it were, his own testimony would go far toward establishing the affirmance of the issue. He gave the following testimony pertinent thereto, to-wit: "Q.

Whitten v. Travelers Insurance Company

141 So. 2d 40 · Louisiana Court of Appeal · Apr 24, 1962

The Vehicle Certificate of Title Law clearly does not make the sale of a motor vehicle void if the transfer is not executed in conformity with that statute. … It follows, since plaintiff has failed to establish his claims to damages by acceptable proof thereof, that his demands must be rejected.

AM. EMPLOYERS INS. CO. v. Honeycutt Furniture Co.

390 So. 2d 255 · Louisiana Court of Appeal · Oct 8, 1980

It was established that Captain Rogers attended this course. Mr. … The letter is clearly hearsay and cannot be considered.

Renno v. Evans

580 So. 2d 945 · Louisiana Court of Appeal · May 8, 1991

As previously defined, the state where the child and those acting as his parents lived for six months, immediately preceding institution of the action, qualifies as the home state. … Application of such guidelines here establishes Michigan as the preferable forum.

Leard v. Schenker

930 So. 2d 75 · Louisiana Court of Appeal · Mar 22, 2006

Schenker liberal visitation and establishing child support." … Arey was not qualified to evaluate Ms. Leard and Gabriel.

Chemical Cleaning, Inc. v. Brindell-Bruno, Inc.

186 So. 2d 389 · Louisiana Court of Appeal · May 2, 1966

Since this sub-contract included the chemical cleaning of the piping systems to be constructed in the project and since Brindell-Bruno was not qualified to do such work, it in turn sub-contracted the pipe cleaning work to … It states clearly in the first paragraph that: "The purpose of this letter is to summarize for your acceptance, the compromise settlement arrived at by and between the Boeing Company and Gurtler-Hebert & Co.

Givens v. Givens

2010 La.App. 1 Cir. 0680 · Louisiana Court of Appeal · Dec 22, 2010

We disagree with Frances Givens’ contention that the trial court rejected the | lsentire testimony “of all of the qualified experts.” 10 Based on our review, the trial court rejected the opinion expressed by both Dr. … Ginzberg were not the only "qualified experts." Dorothy Day, whose testimony is hereinafter discussed, was also accepted by the trial court as an expert.

Gaspard v. Southern Farm Bureau Casualty Insurance Co.

2013 La.App. 1 Cir. 0800 · Louisiana Court of Appeal · Sep 24, 2014

Thus, where there are two permissible views of the evidence, the jury’s choice between them cannot be manifestly erroneous or clearly wrong. Id. … Rao confirmed that even when she saw him at his worst, Gaspard could have qualified for a Louisiana driver’s license with use of a bioptic telescopic lens. In fact, in 2012, Gaspard related to Dr.

Melancon v. Lafayette Ins. Co.

2005 La.App. 3 Cir. 762 · Louisiana Court of Appeal · Mar 29, 2006

Clearly, the jury believed Mr. … Article 1810 does not establish a standard for the grant of a directed verdict, but these standards have been jurisprudentially established. In Carter v.

Jerome Dinell Matthews and Elton Barber v. Phillips 66 Company, Turner Industries Group, LLC, Brandsafway Services LLC, and Oil Mop L.L.C. D/B/A Omi Environmental Solutions LLC

Louisiana Court of Appeal · Nov 13, 2024

PSC filed an exception of no cause of action and no right of action on the basis of workers’ compensation immunity. … The plaintiffs argued that Turner is a qualified contractor who regularly removes grating, not PSC.

Anna Plaisance v. Allstate Insurance Company

Louisiana Court of Appeal · Nov 5, 2008

Under Louisiana jurisprudence, damages for lost wages may be established by any proof which reasonably establishes the claim, including the plaintiff’s own reasonable testimony. … While claims for past lost wages must be established with some degree of certainty, they need not be proven with mathematical certainty, but only by such proof as reasonably establishes the plaintiff’s claim

Lee v. Davis

4 La.App. 5 Cir. 966 · Louisiana Court of Appeal · Feb 15, 2005

In its Reasons For Judgment, the trial court specifically found that: 1) Louisiana jurisprudence establishes that a bicyclist is not an uninsured motorist; 2) The State Farm policy in pertinent part defines an uninsured motor … Lee concludes, “The statute clearly defines a bicycle as a vehicle and, per the holding of Thibodeaux, the conclusion can only be that a bicycle is a vehicle and that the uninsured motorist stature[statute] is applicable.

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).

First Nat. Bank of Commerce v. Latiker

432 So. 2d 293 · Louisiana Court of Appeal · May 11, 1983

The Trustees are custodians of a fund established through payments which are deposited weekly by the various employers of longshoremen for the credit of longshoremen they employ. … The record clearly indicates that the Pension, Welfare, Vacation, and Holiday Fund is nothing other than deferred payment of wages, and the name of the fund is a misnomer.

Bell v. Dunn

924 So. 2d 224 · Louisiana Court of Appeal · Dec 21, 2005

Dunn argues that plaintiff does not qualify for coverage under § 905(b) of the LHWCA, citing Orgeron v. … They were clearly capable of transportation and moved periodically around the stretch of navigable water fronting the Harvey Quick Repair Yard. They performed a transportation function. Id., 561 So.2d at 43-44 .

Weaver v. Mansfield Hardwood Lumber Co.

4 So. 2d 781 · Louisiana Court of Appeal · Oct 31, 1941

Harrell is and was not qualified to receive service and citation and is a resident of Winn Parish, Louisiana. Both defendants also filed exceptions of no cause and no right of action. … It is clearly established that plaintiff's back was weak and due to that fact was more susceptible to traumatic injuries than a normal one would have been.

Austin v. Pascarelli

612 So. 2d 201 · Louisiana Court of Appeal · Dec 29, 1992

Admissibility under this exception to hearsay rule requires testimony by the custodian of the records "or other qualified witness." … Future medical expenses must be established with some degree of certainty. Burton v. Berthelot, 567 So.2d 649 (La. App. 4th Cir.1990), writ denied, 569 So.2d 989 (La.1990).

Hamilton v. Lumbermen's Mutual Casualty Co.

82 So. 2d 61 · Louisiana Court of Appeal · Jun 30, 1955

The record of this proceeding, which sustains the facts given above, clearly establishes the petitioner's claim that the defendant did, without authority, invade the privacy of the petitioner. … The evidence clearly shows that petitioner suffered great mental anguish on being notified of the advertisement. Dr.

Derrick Dean, M.D. v. St. Mary Emergency Group, LLC

Louisiana Court of Appeal · May 17, 2017

(4) Designated representatives of the board and any vendor or contractor establishing or maintaining the prescription monitoring program. F. … The term “submitted” when read in combination with La.R.S. 40:1006 clearly implies the input of the listed information into the database.

Pitts v. Pickens

655 So. 2d 520 · Louisiana Court of Appeal · May 5, 1995

This is true even if grave doubt exists as to a party's ability to establish disputed facts at trial. Equipment, Inc. v. Anderson Petroleum, Inc., 471 So.2d 1068, 1070-71 (La.App. 3rd Cir.1985). … Clearly, in Lindsey v. Colonial Lloyd's Insurance Co., 595 So.2d at 606 , the Louisiana Supreme Court held LSA-R.S. 22:628 to be inapplicable to such rental agreements. Additionally, as noted in Lindsey v.