Case law

Young v. Armadores De Cabotaje, SA

617 So. 2d 517 · Louisiana Court of Appeal · Mar 31, 1993

Ross's experience as a port captain, loading and offloading ships, qualified him as an expert regarding stevedoring operations. … We are unable to say that such a determination would be clearly wrong. However, it was established that Dr. Jeffress incorrectly included as lost fringe benefits holiday and vacation pay.

Quality Design and Construction, Inc. v. Capital Glass Company, Inc.

2008 La.App. 1 Cir. 0838 · Louisiana Court of Appeal · Oct 31, 2008

Lee Connell, who was qualified at trial as an expert in architecture, testified that Capital did not have a clear understanding of the scope of the panel work when it bid the job, and that the dimensions for the panels on … In addition, the joint exhibits and Melancon's testimony establish that Ace completed the work on both jobs and was paid for the panel and curtain wall system jobs.

State v. Kirts

3 So. 3d 91 · Louisiana Court of Appeal · Feb 25, 2009

Bruce Stentz, a forensic chemist with the North Louisiana Crime Lab, was first qualified and accepted as an expert and testified that the substance seized was cocaine. … Our review of the evidence indicates that the Jackson standard has clearly been met.

Miers v. Truck Insurance Exchange

180 So. 2d 559 · Louisiana Court of Appeal · Nov 30, 1965

be disturbed unless found to be clearly erroneous. … Lejeune and Anderson clearly were in better positions than anyone else to determine whether a defect in the accelerator or clutch caused the accident.

Rue v. Continental Insurance Co.

366 So. 2d 629 · Louisiana Court of Appeal · Dec 20, 1978

However, he qualified his testimony by indicating that had he known of the test given before the date of the accident, as well as further case history, his conclusion might have been different. … Clearly, the written rea *634 sons and final judgment are not inconsistent with and contrary to each other. We thus find no merit to plaintiff’s contention.

Lann v. Davis

793 So. 2d 463 · Louisiana Court of Appeal · Aug 22, 2001

To recover for intentional infliction of emotional distress, he must establish (1) that the conduct of the defendant was extreme and outrageous; (2) that the emotional distress he suffered was severe; and (3) that the defendant … Lann's petition clearly does not make allegations sufficient meet these standards. King v. Phelps Dunbar L.L.P., 98-1805 (La.6/4/99), 743 So.2d 181 .

Winn v. State, Department of Natural Resources, Office of Conservation

104 So. 3d 16 · Louisiana Court of Appeal · Aug 8, 2012

The undisputed facts clearly show that SSCI plugged the well it was |4 directed to plug in accordance with its instructions from the DNR. Mr. Winn presented no evidence of any negligence whatsoever on the part of SSCI. … Winn was not qualified to provide competent testimony as to damages of that type. La.

Locklear v. Visko's, Inc.

532 So. 2d 937 · Louisiana Court of Appeal · Oct 12, 1988

The policy language clearly expresses that it is an ERISA plan. … Clearly, absent the insurance savings clause, Locklear’s case would be pre-empt-ed by ERISA.

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.

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.

Robertson v. Hessler

2008 La.App. 4 Cir. 1212 · Louisiana Court of Appeal · Jun 3, 2009

finder’s choice between them cannot be manifestly erroneous or clearly wrong. … The Court acknowledged that no legal standard had yet been established for officers to follow when approaching a subject prior to disarming him, although a legal standard had been established for officers to follow when making

Duhon v. Petroleum Helicopters, Inc.

554 So. 2d 1270 · Louisiana Court of Appeal · Dec 13, 1989

Before an appellate court can disturb a trial court's award of damages, the record must clearly show an abuse of discretion. Beard v. Republic-Vanguard Insurance Co., 509 So.2d 561 (La.App. 3d Cir.1987). … The trial judge did not abuse his discretion in refusing to qualify the witness in these respects.

Clark v. STATE, DEPT. OF REVENUE

849 So. 2d 700 · Louisiana Court of Appeal · May 9, 2003

As a result, the Commission ordered that Cajun establish an escrow fund to deposit that portion of the charged electric rates allocated to interest expenses. … The members clearly have a right to bring the instant action to collect a refund as taxes that they paid.

A to Z Paper Co., Inc. v. Carlo Ditta, Inc.

720 So. 2d 703 · Louisiana Court of Appeal · Sep 9, 1998

He has qualified as a New Orleans zoning and land use expert in Civil District Court for the Parish of Orleans. … Our review of the affidavits of the neighboring residents shows clearly that many were not aware that the South Peters Street facility was closed.

Cenac v. Public Access Water Rights Ass'n

835 So. 2d 560 · Louisiana Court of Appeal · Sep 27, 2002

Thus, the two indispensable elements of implied dedication are: proof of a positive intent to dedicate, frequently qualified as “offer”, and proof of acceptance by the public. *564 The offer may be implied from facts or acts … Therefore, the court was clearly presented with clear, unequivocal evidence of intent to dedicate, in addition to mere acquiescence of the landowner. In Winningham v.

Guidry v. Houston General Ins. Co.

396 So. 2d 578 · Louisiana Court of Appeal · Mar 11, 1981

that the finding is not clearly wrong. … officers" of the Police Jury is not clearly wrong.

Dow Chemical Co. Louisiana Operations Complex Cellulose & Light Hydrocarbons Plants, Part 70 Air Permit Major Modifications & Emission v. Reduction Credits

885 So. 2d 5 · Louisiana Court of Appeal · Sep 17, 2004

LEAN argues that in order to qualify as credits, emission reductions must be “surplus, permanent, quantifiable, and enforceable,” citing to LAC 33:III.607(F)(1). … The district court specifically noted that the record clearly showed that the DEQ had entered into the requisite fact-finding and cost-benefit analysis.

State v. Kirts

447 So. 2d 1 · Louisiana Court of Appeal · Mar 7, 1984

This article does not affect the right to challenge for cause, a juror who is not qualified to serve." … The defendant has the burden of establishing fraud or that some irreparable injury has been caused by the jury selection process. State v. Liner, 397 So.2d 506 (La.1981).

Sportsman Store of Lake Charles, Inc. v. Sonitrol Security Systems of Calcasieu, Inc.

98 La.App. 3 Cir. 851 · Louisiana Court of Appeal · Dec 23, 1998

that the finding is clearly wrong (manifestly erroneous). … Such broad overreaching language which is clearly used to take advantage of unsophisticated purchasers is not favored by this court and will be condoned, if at all, only when it is shown that all requisites are clearly met

Taylor v. Progressive SEC. Ins. Co.

9 La.App. 3 Cir. 791 · Louisiana Court of Appeal · Apr 7, 2010

Manifest error is found only when the trial court was clearly wrong in accepting the expert’s opinion upon which it relied. … C.C.P. art 1795(B), by use of the word ‘may,’ clearly gives the trial judge discretion to determine whether to provide the jury with requested items.” Id. at 443 .