Case law

Brown v. Deal's Carpet Care

867 So. 2d 762 · Louisiana Court of Appeal · Nov 7, 2003

Brown’s testimony regarding the development of symptoms following the accident was unrebutted and was clearly accepted as credible by the workers’ compensation judge. … Saloom qualified his statements, as follows: I cannot tell you if the pump sprayer caused it or not.

Donaldson v. Sanders

661 So. 2d 1010 · Louisiana Court of Appeal · Jul 19, 1995

that the finding is clearly wrong (manifestly erroneous). … Stechenberg's and Nurse Smith's opinion that nurses in Louisiana are not qualified to take them. [8] From the record it would appear that Dr.

Royal Const. Co., Inc. v. Sias

496 So. 2d 1301 · Louisiana Court of Appeal · Nov 5, 1986

At trial, Pierre Schwing and Edward Ware were both qualified as experts in the field of construction. Both testified that most of Mr. Sias' complaints of shoddy workmanship concerned "punch list" items. … However, the award as a whole was not supported by the evidence and was clearly wrong.

Lindner v. Stock

7 Teiss. 31 · Louisiana Court of Appeal · Dec 13, 1909

We find the following facts clearly established by the evidence, to-wit: Previous to the execution of the lease to Stock, and before the latter had made any alterations, the Carondelet Street front or wall of the building … In support of this- conclusion there is the positive testimony of plaintiff’s engineer, the person best qualified by his experience to express his views upon the subject, and the only witness who made a critical and expert

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.

Fluitt v. Christus Health Cent. Louisiana

935 So. 2d 369 · Louisiana Court of Appeal · Jun 28, 2006

On each of these three occasions, a clearly audible popping sound emanated from the knee as it buckled. Ms. … Fluitt bears the burden of proving by [a] preponderance of evidence that she suffered an accident in the course and scope of her employment and that the incident qualifies as an accident."

State v. Sanders

431 So. 2d 833 · Louisiana Court of Appeal · May 3, 1983

FACTS In the late evening of December 24, 1981, defendant and his homosexual lover, Benjamin Fulcher, garbed as a female, were walking down a street in Shreveport when, for reasons not clearly established, an altercation … Defendant contends that the requested charge was necessary in order to qualify the general charge given by the trial judge.

Crawford v. DIAMOND B. CONSTRUCTION, LLC

17 So. 3d 521 · Louisiana Court of Appeal · Sep 11, 2009

that the findings are clearly wrong or manifestly erroneous. … However, this expert qualified his testimony by indicating at one point that it was only "slightly" more likely than not that the riser ring was present before that date.

Krupp v. Department of Fire

995 So. 2d 686 · Louisiana Court of Appeal · Nov 19, 2008

R.S. 49:1005, and the NOFD failed to produce a witness to establish the chain of custody of his second urine sample. … Krupp clearly matched the specimen identification numbers on the urine specimen vials bearing Krupp's name and initials.

Deville v. Louisiana Department of Transportation & Development

719 So. 2d 584 · Louisiana Court of Appeal · Sep 23, 1998

However, Trooper Lee qualified this statement. … I do need to qualify that, though. By saying that we have a citizenry who many times drink— they’re intoxicated.

Perrodin v. Department of Public Safety & Corr.

98 La.App. 3 Cir. 1599 · Louisiana Court of Appeal · Jun 2, 1999

Subsection B(l) refers only to a suspension and does not qualify that it be in conjunction with a conviction, guilty plea or bond forfeiture. … (H)(1) clearly establishes that exemption from the reinstatement fee or reimbursement does not affect the validity of an underlying suspension or revocation.

Murrill v. Edwards

613 So. 2d 185 · Louisiana Court of Appeal · Dec 21, 1992

In order for the plaintiffs to obtain a writ of mandamus, they must establish that the performance sought is a ministerial duty. … By the rule established in Hickey , Governor Edwards, clearly, was under no obligation to do so.

Fairchild v. Brian

354 So. 2d 675 · Louisiana Court of Appeal · Dec 28, 1977

We further adopt the following holdings of the trial court: "The evidence clearly preponderates that Verne Brian was in direct violation of R.S. 37:1061(5) and (15). … "The testimony and evidence have clearly established that early senile cataract is an eye disease.

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.

Schexnyder v. PMB OPERATORS

93 La.App. 3 Cir. 1178 · Louisiana Court of Appeal · May 4, 1994

This was clearly the intendment of the amended provisions. In a total and permanent disability argument, pain will not have no role to play at all. … Neither did he show he was not qualified to perform any work other than hard labor. Dr.

Cook v. American Gateway Bank

49 So. 3d 23 · Louisiana Court of Appeal · Sep 10, 2010

Malicious prosecution actions have never been favored in our law, and the plaintiff in such an action must clearly establish that the forms of justice have been perverted to the gratification of private malice and the willful … Summary judgment was clearly appropriate as to 121 any malicious prosecution claim as well as the defamation and related claims.

Twenty-First Judicial District Court v. State ex rel. Guste

563 So. 2d 1185 · Louisiana Court of Appeal · May 30, 1990

Unless the fundamental rights, privileges and immunities of a person are involved, there is a strong presumption that the Legislature in adopting a statute has acted within its constitutional powers.... … The trial court’s factual ruling was correct (not manifestly erroneous or clearly wrong). This assignment of error is without merit.

Bandy v. Bandy

971 So. 2d 456 · Louisiana Court of Appeal · Dec 5, 2007

Revision comment (b) to La.Civ.Code art. 136 states as follows: (b) The first paragraph of this Article restates the test for parental visitation established in the leading case of Maxwell v. … That is clearly supported by his testimony, his vocabulary, and his word usage. Mark's mother, Valerie, also testified at the trial of this matter.

Royal Oldsmobile Co. v. Heisler Properties, L.L.C.

12 La.App. 5 Cir. 608 · Louisiana Court of Appeal · May 16, 2013

land from its owners. 1 This lease, in addition to giving Royal the right to use the leased-land, gave Royal a right of first refusal allowing Royal to buy the leased-land should its owners, the lessors, ever receive a qualifying … that the finding is not clearly wrong (manifestly erroneous).

Myles v. Hosp. Serv. Dist. No. 1 of Tangipahoa Parish

248 So. 3d 545 · Louisiana Court of Appeal · Apr 6, 2018

Because the trial court granted the JNOV and awarded damages above the statutory cap of $100,000.00 for qualified health care providers as provided in La. … Myles' body mass index was "far below well nourished," putting her at risk for decreased immune function and decreased strength. She also suffered from cachexia, or muscle wasting. Dr. Klingsberg noted on Ms.