Case law

Dordain v. Anthony Seafood & Lobster House

2003 La.App. 4 Cir. 0900 · Louisiana Court of Appeal · Nov 5, 2003

The decision of a trial judge to award penalties and attorney’s fees is a factual determination and should not be disturbed on appeal unless clearly wrong. Harris v. … As stated above, the jurisprudence has positively established that the loss of teeth in itself is sufficient to qualify for benefits under La. R.S. 23:1221(4)(p). Jenkins, supra; Berkel v.

Cole v. Acadia Parish Sheriff's Dept.

7 La.App. 3 Cir. 1386 · Louisiana Court of Appeal · Nov 5, 2008

Moreover, Dancer and Moreau are clearly distinguishable. Contrary to Mr. … This has been one of several repeated and patent misrepresentations of the testimony in the record, which has clearly established that no such standing order was in place. The only standing order that Dr.

State v. Wigley

599 So. 2d 858 · Louisiana Court of Appeal · May 4, 1992

While I fully subscribe to the reasoning set forth in the majority opinion, I believe we should also note the legislature's failure to follow the Louisiana Constitution of 1974, Article I, § 13, which clearly mandates the … Over 200 private attorneys were asked to answer close ended questions regarding their appointments in capital cases; 38 qualified respondents completed surveys and the data was analyzed using established methods of statistical

Griffin v. City of Monroe

61 So. 3d 846 · Louisiana Court of Appeal · Apr 13, 2011

Jeffery Lynn Sanders, an officer with the Monroe Police Department, qualified as an expert in accident reconstruction. … The trial judge found at the close of trial that Griffin was clearly negligent.

Ardoin v. Mills

780 So. 2d 1265 · Louisiana Court of Appeal · Mar 8, 2001

Like the trial court, we find the statutory scheme clearly provides for the introduction of the opinion in this instance. … "Some" expert testimony is necessary to establish this aspect of materiality because only a physician or other qualified expert is capable of judging what risk exists and the likelihood of occurrence.

Jackson v. Red River Parish School Bd.

954 So. 2d 818 · Louisiana Court of Appeal · Apr 4, 2007

LAW AND DISCUSSION Factual findings in a workers' compensation case are subject to the manifest error or clearly wrong standard of appellate review. Newsome v. … The record clearly supports the WCJ's factual finding that Jackson proved neither that she suffered an on-the-job accident nor that she suffered from an occupational disease.

DiVincenti v. McIntyre

611 So. 2d 140 · Louisiana Court of Appeal · Nov 4, 1992

Pace, USAF retired, was qualified without objection as an expert in reading and interpreting USAF personnel records. … Where there are two permissible views of the evidence, the factfinder's choice between them cannot be manifestly erroneous or clearly wrong....

State v. Surratt

932 So. 2d 736 · Louisiana Court of Appeal · Jun 7, 2006

Julie Bergen, who also qualified as an expert in fingerprint identification, compared the prints of Surratt to those on the box lid. … Surratt contends that the evidence presented at trial clearly proves that the victims were killed in St. Landry Parish.

France v. East Central Bossier Fire Protection District No. 1

4 So. 3d 959 · Louisiana Court of Appeal · Feb 25, 2009

X, § 16 as follows: A system of classified fire and police civil service is created and established. … 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.

Guffey v. Lexington House, LLC

254 So. 3d 1 · Louisiana Court of Appeal · Aug 22, 2018

Prescription is suspended as to the named party defendants, "all joint and solidary obligors, and all joint tortfeasors, including but not limited to health care providers, both qualified and not qualified[.]" … "The Supreme Court conclusively established in LeBreton v.

City of Bastrop v. Harris

198 So. 3d 163 · Louisiana Court of Appeal · Jun 22, 2016

Instead, the WCJ found Bastrop’s adjuster incorrectly calculated- Harris’ qualified ^monthly payment amount, which resulted in Harris being overpaid $4,368.00 5 in SEBs. … Clearly, Bastrop’s cause of action for reimbursement arises out of Harris’ workers’ compensation claim in the first proceeding.

Ross v. REMEDIATION SERVICES OF LA.

714 So. 2d 218 · Louisiana Court of Appeal · May 15, 1998

Further, where there are two permissible views of the evidence, the factfinder's choice between them cannot be manifestly erroneous or clearly wrong. Morris v. … All four practitioners were qualified in their respective fields to give an opinion as to whether Mr. Ross suffered a mental injury related to his electrical shock.

Clemons v. Clemons

960 So. 2d 1068 · Louisiana Court of Appeal · Jul 11, 2007

We find these actions are sufficient to establish that an account is uncollectable and qualifies as a bad debt. Ms. Clemons also insists that certain accounts should not be considered bad debts for various reasons. … We find that the judgment of the trial court does not clearly reflect what items were included in the equalization payment awarded to Ms. Clemons.

Cinquimani v. Concordia Fire Insurance

5 Pelt. 290 · Louisiana Court of Appeal · Jan 30, 1922

the policy, November 16th, 1917, to the date of the fire, Deoember 19th, 1917, plaintiff was not in possession of any publio notarial title, nor was there any publio registration in his name of such a title, as owner oí qualified … In other words, possession, coupled with the three essentials of sale , to wit: the thing sold, the price, and the consent, have been clearly established in this oase. (0. 0. Article 2439).

State v. Harriman

469 So. 2d 298 · Louisiana Court of Appeal · May 8, 1985

by a proper chain of custody. *303 Identification of an item of evidence establishes a proper foundation for its admission into evidence. … Therefore, we conclude that the evidence was clearly sufficient for the jury to conclude, beyond a reasonable doubt, that the defendant was guilty of the crime of second degree murder.

Dempsey v. Pace

29 So. 2d 180 · Louisiana Court of Appeal · Feb 17, 1947

Martin was extremely cautious in expressing any definite opinion and on cross-examination he qualified his statement to the degree evidenced by the following extract from his testimony: "Q. … In both the Custer and the Hill cases the Court found that accidents had been established by a prepondance of the evidence.

Hopping v. Louisiana Horticulture Com'n

509 So. 2d 751 · Louisiana Court of Appeal · Jun 23, 1987

The purpose of the investigative hearing is to establish a factual record upon which to determine if a violation of law has occurred. … This definition in La.C.C. art. 163 clearly includes independent contractors, as well as any other type of employee. La.

State of Louisiana in the Interest of H.J.

Louisiana Court of Appeal · Mar 4, 2020

Johnson would not qualify as a (foster) caregiver for H.J. Ms. … After review of this record, we conclude that the trial court clearly erred when it declined to adjudicate H.J. a child in need of care.

Darrell D. Martin v. Jeremy D. Robinson, and Honorable Gary Stanga, in his capacity as Clerk of Court of the Parish of Tangipahoa, State of Louisiana

Louisiana Court of Appeal · Aug 6, 2020

his homestead exempt property was located, when clearly he was not. … According to Sledge, while these types of errors are not commonplace, they do occur. 0  The facts developed at the hearing below clearly establish that Robinson did

Kruckeberg v. Great Atlantic Pacific Tea Co.

13 So. 2d 747 · Louisiana Court of Appeal · May 24, 1943

Kruckeberg, brought this suit, individually as surviving spouse, and on behalf of his minor children, Edgar, Frederick and Grace Kruckeberg as their duly qualified natural tutor, to recover damages for the death of Mrs. … Harvey Jones, supra, cited by counsel for plaintiff in support of their contention, are clearly distinguishable on the ground that in neither of those matters did the defendants plead contributory negligence in the alternative