Case law

Ivy v. V's Holding Co.

859 So. 2d 22 · Louisiana Court of Appeal · Jul 2, 2003

The claimant-employee bears the burden of establishing a causal link between the work accident and the claimed disability. … A trial court has great discretion in determining whether to qualify a witness as an expert, and such discretion will not be disturbed on appeal in the absence of manifest error. Lemaire v.

EASTER SEAL SOC. CRIPPLED CHILDREN AND ADULTS OF LA., INC. v. Playboy Enterprises, Inc.

530 So. 2d 643 · Louisiana Court of Appeal · Aug 16, 1988

The court immediately qualified this declaration, however, stating, "It must be said that there is some limit to this right, which is not necessary to discuss in this case." 115 La. at 482 , 39 So. at 500 . … The jurisprudence establishes that plaintiff's consent, properly obtained, provides a defense, but it does not establish that lack of consent translates into liability.

Rogers v. Daigle

93 La.App. 1 Cir. 1523 · Louisiana Court of Appeal · Jun 3, 1994

This court cannot disturb the trial court’s finding if we find from the record that there is a reasonable factual basis for the finding, and the record establishes that the finding is not clearly wrong or manifestly erroneous … DOTD enjoys no immunity from liability for its operational decision not to remove the mailbox. See Chaney v. National Railroad Passenger Corp., 583 So.2d 926 (La.App. 1st Cir.1991).

Marsalis v. Marsalis

10 La.App. 3 Cir. 592 · Louisiana Court of Appeal · Dec 8, 2010

Unfortunately, the record clearly establishes that there is no home state for purposes of this child support proceeding. … The only evidence presented on the issue established that the move was intended to be permanent.

Richardson v. Whitney National Bank

6 La.App. 5 Cir. 803 · Louisiana Court of Appeal · Feb 27, 2007

Hooker stated that she needed a loan to save her home, but could not qualify on her own because of her credit history. She asked her friend, Mr. Richardson, for help. Mr. … C.C.P. art. 863 will not be reversed unless clearly wrong or manifestly erroneous. Alombro v. Alfortish, 02-1081 (La.App. 5 Cir. 4/29/03) , 845 So.2d 1162, 1168 ; writ denied, 2003-1947 (La.10/31/03), 857 So.2d 486 .

Sivils v. Mitchell

704 So. 2d 25 · Louisiana Court of Appeal · Nov 7, 1997

Clearly, even if a petition fails to state a cause of action, or if under the allegations, the party asserting the action lacks the procedural capacity to assert it, if the grounds of the objection can be removed by amendment … Sivils' petition does not contain any allegation that CFS qualifies as a handicap under the LCRAHP or that Dr.

Lyons v. Knight

10 La.App. 3 Cir. 1470 · Louisiana Court of Appeal · May 11, 2011

Louisiana Revised Statutes 14:50(2) affords a witness in a judicial proceeding absolute immunity from prosecution for defamation where the statement is “reasonably believed by the witness to be relevant to the matter in controversy … s right of petition or free speech launder the United States or Louisiana Constitution in connection with a public issue shall be subject to a special motion to strike, unless the court determines that the plaintiff has established

Carlisle v. Prieur

95 La.App. 4 Cir. 0658 · Louisiana Court of Appeal · Feb 15, 1996

In the instant case the evidence clearly establishes that defendant built the Ishouse for his own use and resided there for 8 years, thus his principal obligation to plaintiff was as a vendor and not as a contractor. … The applicable prescriptive period for a vendor is dependent on whether defendant qualifies as a good faith seller under former La.C.C. article 2534 or a bad faith seller under former La.C.C. article 2546.

Tanner v. Fireman's Fund Ins. Companies

589 So. 2d 507 · Louisiana Court of Appeal · Oct 18, 1991

That the truck was visible from as far away as 1500 to 1600 feet was established by Trooper Prine's testimony. That Mr. Tanner could not see the truck early enough to avoid a collision was established in part by Dr. … The testimony likewise clearly establish [sic] that Betty Tanner was under the belief that Donald Tanner was a safe driver and that his vision was sufficient for driving. Also, Mr.

Eric A. Lannon v. Pherian, LLC

Louisiana Court of Appeal · Jul 14, 2025

Lannon] met all of the requisite formalities to qualify for an award of a [d]efault [j]udgment under La. … Lannon “met all of the requisite formalities to qualify for an award of a [d]efault [j]udgment under La. C.C.P. art. 1702, including, but not limited to, establishing a prima facie case with competent evidence.”

Calcagno v. Kuebel, Fuchs Partnership

802 So. 2d 746 · Louisiana Court of Appeal · Nov 14, 2001

Wilfred Gallardo, an accident cause analyst, qualified as an expert in the field of safety. On November 9, 2000, he inspected the area outside of the Elmwood Room. … The evidence established that, while Ms. Calcagno knew there was a curb in the area, the faded paint created an optical illusion, making it difficult to see exactly where the curb was.

Winn State Bank & Trust Co. v. Browning

453 So. 2d 286 · Louisiana Court of Appeal · Jun 6, 1984

The parties briefly discussed Paul Browning's state of health and the possibility that he would not be able to qualify for disability insurance. … Furthermore, *292 this testimony does not establish that Browning will be unable to return to the logging business at a future date. Finally, the record established that Mr.

Metro Ambulance Serv. v. Med Life Emergency

900 So. 2d 184 · Louisiana Court of Appeal · Mar 17, 2005

Does the ambulance ordinance prohibit the practice by appellees, non-emergency licensees under the ambulance ordinance, from transporting patients who qualify for ambulance transport under Medicare and/or Medicaid guidelines … Creed testified that the ambulance ordinance established a minimum equipment standard for non-emergency vehicles.

Anderson v. Biedenharn Bottling Group

664 So. 2d 588 · Louisiana Court of Appeal · Nov 2, 1995

A court of appeal may not set aside a trial court's finding of fact in the absence of "manifest error" or unless it is "clearly wrong". … We cannot say that the hearing officer was clearly wrong in her factual findings. PAST MEDICAL TREATMENT Mr.

State ex rel. J.R. v. Louisiana Department of Community Services

97 La.App. 3 Cir. 791 · Louisiana Court of Appeal · Dec 10, 1997

The Office of Community Services is a public agency and, therefore, is clearly prevented by article 786 from obtaining custody of J.R. by modifying a judgment of disposition in a motion hearing. … When you come to court, if you cannot afford to hire an attorney, you may qualify to have the court appoint one for you at state expense.

Lindsey v. Holland

105 So. 2d 332 · Louisiana Court of Appeal · Jun 30, 1958

Accordingly, there is no proof in the record which establishes any violation of the Legislative charter. Mr. … follows: “As has been said before, Courts are loathe to thwart the result of an election after the votes have been cast and fairly counted and will not act to change that result except for grave and sufficient reasons, clearly

George v. Dover Elevator Co.

828 So. 2d 1194 · Louisiana Court of Appeal · Sep 25, 2002

Instead, plaintiff in the conclusion to his brief states that: The Trial Court was clearly wrong when it granted summary judgment in a case in which the plaintiff clearly showed that the existence of a genuine issue of material … Maguire is qualified to render an opinion as an expert. As we have already concluded that we cannot disregard the affidavit either because of its timing or because of its inconsistencies vis-a-vis Mr.

In Re Succession of Ewing

781 So. 2d 885 · Louisiana Court of Appeal · Mar 2, 2001

She further argues that her "cause of action and right to pursue her claim" is obviously established by Anderson v. … We further rejected the argument that denying a right of action of the heirs and legatees "placed a cloak of immunity around the executor."

Ard v. East Jefferson General Hospital, Inc.

94 La.App. 5 Cir. 1001 · Louisiana Court of Appeal · Mar 28, 1995

The Ards argue that by not deeming the date of the judicial demand to stem from either of the simultaneously filed claims of May 7, 1985, the trial court was clearly in error. … Neither does filing a complaint with the Medical Review Panel establish the date of Judicial demand. In Ferguson v.

Lemoine v. Marksville Industries, Inc.

391 So. 2d 528 · Louisiana Court of Appeal · Nov 12, 1980

The court held: "It is true that the record does not establish which of the several occupational incidents finally ruptured the disc. … An `odd lot' claimant need not be absolutely helpless to qualify for total disability status.