Case law

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.

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.

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.

Moory v. Allstate Ins. Co.

906 So. 2d 474 · Louisiana Court of Appeal · Feb 11, 2005

It is well settled that a court of appeal may not set aside a jury's finding of fact in the absence of manifest error or unless it is clearly wrong. … that the jury's finding is clearly wrong.

Woodlands Development, L.L.C. v. Regions Bank

12 La.App. 5 Cir. 754 · Louisiana Court of Appeal · May 28, 2014

Regions was not a party to Woodlands’ and JPG’s purchase agreement, and that document only establishes the rights of Woodlands and JPG vis-a-vis one another. … Landry court concluded that “we do not interpret the supreme court’s decisions in Whitney, Jesco, and King to establish a rule of law that the Louisiana Credit Agreement Act renders a financial institution immune from any

Succession of Barbara Ann Crow

Louisiana Court of Appeal · May 22, 2024

administration of the succession, on the ex parte petition of all of the general and universal legatees, if each of them is either competent or is acting through a qualified legal representative, and each of them … finding is clearly wrong in light of the record reviewed in its entirety.

Bradley v. Morton Thiokol, Inc.

661 So. 2d 691 · Louisiana Court of Appeal · Sep 29, 1995

The "event" which qualifies as an accident can be and often is a forceful and readily identifiable occurrence which causes injury to the employee. Sparks v. Tulane Med. Ctr. Hosp. & Clinic, 546 So.2d 138 (La.1989). … It is well-established that a court of appeal may not set aside a trial court's findings of fact unless it is clearly wrong or manifestly erroneous. Arceneaux v.

Theriot v. Lanier

425 So. 2d 351 · Louisiana Court of Appeal · Dec 22, 1982

Co., 376 So.2d 113 (La.1979): “By raising the affirmative defense of arson, the insurer has the burden of establishing, by convincing proof, that the fire was of incendiary origin and that plaintiff was responsible for it … Officer Byrd, who qualified as an expert in tool mark analysis, was of the definite opinion that the hole in question was produced before or at least during the fire.

Casten v. Cordell

649 So. 2d 123 · Louisiana Court of Appeal · Jan 25, 1995

Therefore, Casten had the burden to establish that Powell had apparent authority. … Powell does not qualify or specify the capacity in which he signed the agreement, nor does he indicate his connection with C-Store Services or Kwik Trip.

State v. Walker

853 So. 2d 61 · Louisiana Court of Appeal · Jul 29, 2003

Therefore, the police clearly had reasonable cause to stop defendant's vehicle because it was being operated without headlights as required by statute. … While such an amount is small, it does not appear to qualify as a "trace amount."

McGlothurn v. Wade

13 La.App. 5 Cir. 759 · Louisiana Court of Appeal · May 21, 2014

The answer to this question in this case is clearly “yes.” … Clearly in this case the answer is “yes.”

Robinson v. Ieyoub

727 So. 2d 579 · Louisiana Court of Appeal · Dec 28, 1998

Again, the court clearly contemplated that a manufacturer's product would have a use. … By granting a facility that did not qualify as a manufacturing establishment an industrial ad valorem tax exemption, the Board clearly exceeded it constitutional authority. The decision of the trial court is affirmed.

McCoy v. State Ex Rel. Jones

901 So. 2d 1109 · Louisiana Court of Appeal · Feb 17, 2005

The trial court concluded that the latter causes of action clearly fall within the definitional confines of the Prison Litigation Reform Act ("PLRA"), La. … The record clearly shows that McCoy was indeed given proper notice of the requisite evidentiary hearing.

Talley v. Enserch Corp.

508 So. 2d 197 · Louisiana Court of Appeal · May 13, 1987

Defendant cites Larson's Treatise on Workmen's Compensation which clearly fits this particular set of circumstances. … The record further establishes plaintiff's monthly pay was $3,000.

State v. Huckabay

809 So. 2d 1093 · Louisiana Court of Appeal · Feb 6, 2002

Berry was not qualified to serve as a juror in this capital case, because of Mr. Berry's health problems. It cannot be said that the trial court clearly abused its discretion in arriving at this conclusion. … A factfinder's credibility decision should not be disturbed unless it is clearly contrary to the evidence. State v.

State v. Gipson

850 So. 2d 973 · Louisiana Court of Appeal · Jun 25, 2003

Furthermore, the state contends that Adams has reviewed thousands of fingerprints as part of his job and qualifies as an expert. … A person may qualify as an expert based on experience alone. Kunzman, supra; State v. Smith, supra .

Grady Ronald Ford v. Phillips 66 Company

Louisiana Court of Appeal · Dec 16, 2020

“An employer seeking to avail itself of tort immunity bears the burden of proving its entitlement to immunity.” Mitchell, 93 So.3d at 758. … Phillips 66 argues it has proved its entitlement to immunity and Ford has failed to produce any evidence to rebut the presumption that Phillips 66 was his statutory employer by establishing he will be able to prove at trial

Franklin v. Oilfield Heavy Haulers

478 So. 2d 549 · Louisiana Court of Appeal · Oct 23, 1985

The following points were established by Dr. Gunderson's testimony: 1. … This principle can be fully effectuated only if the employer is given absolute immunity at all levels.

Dupre & Son Floor Covering, Inc. v. City of Iota

Louisiana Court of Appeal · May 5, 2010

Therefore, Iota contended, the officers and town were immune pursuant to La.R.S. 9:2798.1, which immunizes public entities and their officers or employees from liability arising from the exercise of policymaking or discretionary … We need not determine that Iota is immune and that Iota negated one or more of the essential elements of tort; for Iota to prevail, we need only find that it is immune or that the essential elements of tort have been negated

Williams v. Reiss

643 So. 2d 792 · Louisiana Court of Appeal · Sep 29, 1994

The Louisiana Legislature has expressed its special interest in providing for the uniform treatment of medical malpractice claims brought against health care providers qualified to practice in Louisiana. … Williams could just have easily have injured himself while engaged in personal activities, in which case there clearly would be no basis for the exercise of admiralty jurisdiction.