Case law

Day v. J. Ray McDermott, Inc.

492 So. 2d 83 · Louisiana Court of Appeal · Jun 24, 1986

It was, however, established that he could work in a lab or as a supervisor, but it was also shown that very few such jobs exist. Until his accident, Mr. Day had a bright future. … STATUTORY EMPLOYER DEFENSE McDermott contends that it was plaintiff's statutory employer under LSA-R.S. 23:1061 and should therefore enjoy immunity from suit in tort.

State v. Wheatley

550 So. 2d 724 · Louisiana Court of Appeal · Aug 23, 1989

Ryan and the police officers, coupled with the positive identifications of defendant, clearly provide sufficient evidence to support the conviction. See, for example, State v. … If the certificate is given by a judge, it shall be further authenticated by the clerk or pro-thonotary of the court, who shall certify, under his hand and the seal of his office, that such judge is duly commissioned and qualified

LaSalle Pump & Supply Co. v. Louisiana Midland Railroad

459 So. 2d 768 · Louisiana Court of Appeal · Nov 28, 1984

It was established that the warehouse was completely destroyed and after deducting the insurance payment, the actual monetary loss amounted to $1,269.60, which was part of the damage award. … The trial court erred in awarding damages based upon the assumption that the evidence presented was a qualified exception to the “Business records exception to the Hearsay Rule”. 4.

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.

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."

State v. Payne

258 So. 3d 1015 · Louisiana Court of Appeal · Oct 17, 2018

The record reflects the trial court listened to all three of the 9-1-1 calls and remarked: the first one clearly seems to be immediately during or after the voices are clearly frazzled and the level of excitement is obviously … In this matter, the situation surrounding the shooting qualifies as an "ongoing emergency."

Schmidt v. Atlas Erection Co.

487 So. 2d 112 · Louisiana Court of Appeal · Mar 12, 1986

Thus, the record does not establish defendant’s arbitrary refusal to pay these expenses. … This finding is not clearly wrong. Accordingly, the judgment appealed from is affirmed. AFFIRMED.

West v. Wal-Mart Stores, Inc.

539 So. 2d 1258 · Louisiana Court of Appeal · Mar 15, 1989

The defendants argue that under these facts, Andrus did have reasonable cause to detain the Wests and hence, article 215's immunity should be applied. … The standard of appellate review of quantum awards is well established: Before a Court of Appeal can disturb a quantum award made by the Trial Court, the record must clearly reveal that the trier of fact abused its discretion

Conerly v. State

690 So. 2d 980 · Louisiana Court of Appeal · Mar 3, 1997

Anderson in establishing a standard of care. … In the process, the substantive caps and procedures established by the legislature were particularly detailed.

Satterwhite v. Reilly

817 So. 2d 407 · Louisiana Court of Appeal · May 8, 2002

Nothing in the regulation sets forth a standard of care for medical directors; the purpose is plainly to qualify providers for the Medicare and Medicaid programs. … Reilly in his capacity as attending physician is clearly a medical malpractice claim under La. R.S. 40:1299.41 A; see also, Coleman v. Deno, XXXX-XXXX (La.1/25/02), 813 So.2d 303 .

Dupree v. Louisiana Transit Management, Inc.

441 So. 2d 436 · Louisiana Court of Appeal · Nov 29, 1983

Sportran need not establish the manner in which Mrs. Dupree was injured but need only prove that its actions at the time of the injury were not negligent ones. … New Orleans Public Service, Inc., 349 So.2d 417 (La.App. 4th Cir.1977) ], that premise is qualified by the fact that the transportation provided to the public should be safe and free from hazards.

State v. Pearson

513 So. 2d 459 · Louisiana Court of Appeal · Sep 23, 1987

When the direct evidence is thus viewed, the facts established by the direct evidence and inferred from the circumstances established by that evidence must be sufficient for a rational trier of fact to conclude beyond a reasonable … Clearly, reparation would be difficult in this case as the life of a human being has been taken. Therefore, the trial judge’s conclusion is a valid one.

Miller v. Atlantic Richfield Co.

499 So. 2d 1095 · Louisiana Court of Appeal · Oct 8, 1986

From this Arco argues its tort immunity. … The lay testimony established that welders have to lift heavy objects routinely. We find that plaintiff laid a sufficient foundation for the admission of evidence concerning loss of future earnings.

Ouachita Parish Sch. Bd. v. Ouachita

362 So. 2d 1138 · Louisiana Court of Appeal · Aug 28, 1978

The evidence established that the State Department of Education has never formally defined teachers. … The possession of a teacher's certificate is not sufficient to qualify personnel as a recipient in 88% of the funds.

Goudia v. Mann

11 La.App. 5 Cir. 960 · Louisiana Court of Appeal · May 22, 2012

A qualified nurse should be expected to recognize problems with certain statistics, such as blood pressure, respiration, and pulse, linwithout being given a written order. When Dr. Mann was told of Mr. … clearly wrong.

State v. Lanham

731 So. 2d 936 · Louisiana Court of Appeal · Mar 31, 1999

Clearly, a depiction of the accident scene is relevant and probative. Generally, once a foundation is established, the weight to be given the evidence is a question for the jury. Day, supra . … McCarter established that, even assuming that Mr.

Brown v. Tauzin

163 So. 764 · Louisiana Court of Appeal · Nov 6, 1935

The excluded testimony was admissible under the well-established jurisprudence of the state. Its purpose was to establish reasonable identity of the land intended to have been assessed and sold to defendant. … This testimony, supported by other of similar character, clearly shows that describing the land on the tax roll as being in township 8, range 9 west, was simply a clerical error on the part of the assessor, which was carried

Hays v. Louisiana State Board of Elementary & Secondary Education

2004 La.App. 1 Cir. 1386 · Louisiana Court of Appeal · Jun 11, 2010

BESE clearly possesses the same authority regarding the special schools under its jurisdiction. … And that’s clearly not what, I think, 17:81.4 would require.

Rhonda Danos, Individually, and as Curatrix for the Interdict, Ronald Martin, and Scheree Martin Versus Emery A. Minnard, M.D., Jefferson Parish Hospital Service District No. 1 D/B/A West Jefferson Medical Center, Crescent Surgical Group, LLC, Dr. Michael Cook and Dr. Mark Kappelman

Louisiana Court of Appeal · Aug 28, 2019

Minnard fails to establish a connection to the negligent credentialing claim here, and the information does not demonstrate that Dr. Kappelman and Dr. … R.S. 13:3715.3(C) as it relates to hospital immunity, and jurisprudence from the other forty-nine states, as well as a de novo review of the record before us, we find that the federal and state immunity

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).