Case law

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.

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.

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.

Keys v. Mercy Hosp. of New Orleans

485 So. 2d 514 · Louisiana Court of Appeal · Feb 20, 1986

All of the defendants were qualified health care providers under R.S. 40:1299.41, et seq., so the matter was presented to a medical review panel consisting of two obstetricians, Dr. Philip Krupp and Dr. … that the finding is not clearly wrong (manifestly erroneous)."

Gilcrease v. J.A. Jones Construction Co.

425 So. 2d 274 · Louisiana Court of Appeal · Dec 22, 1982

An odd lot claimant need not be absolutely helpless to qualify for total disability. … We therefore hold that the trial court was not clearly wrong in finding him totally and permanently disabled.

Sibley v. BD. OF SUPERVISORS OF LA.

490 So. 2d 307 · Louisiana Court of Appeal · May 28, 1986

Despite counsel's allegations that the interns and residents were making treatment decisions, the record clearly shows that they constantly conferred with Dr. … In short, the evidence, while clearly supporting a finding of medical malpractice, does not support a conclusion that the hospital breached its duty to Miss Sibley.

Dwyer v. Smith

10 La. App. 506 · Louisiana Court of Appeal · Apr 5, 1929

Hyams, surveyor, do so, but that such selection was not satisfactory to plaintiff who wished to have Fuellhart appointed;* and “he shows that there are other surveyors in the Parish, competent and qualified, and that neither … If it clearly appeared that defendant from the beginning denied the necessity of establishing the line and had resisted the action all through, we should direct that he pay all costs, including the survey, under authority

State v. Dominick

506 So. 2d 193 · Louisiana Court of Appeal · Apr 13, 1987

Here, Dominick can demonstrate no bias as the photographs were in conjunction with state testimony (1) clearly identifying the things as being stolen and (2) precisely establishing the value at $300.91. In State v. … Defendant contends that the testimony as to the value of the stolen goods was opinion testimony and inadmissible, as neither witness had qualified as an expert.

Succession of Hearn

412 So. 2d 692 · Louisiana Court of Appeal · Mar 2, 1982

An action of nullity is clearly appropriate. LSA-C.C.P. art. 2004..." Id. at 888 . … Under these circumstances appellants' plea of prescription can clearly have no merit. For the reasons stated we conclude the judgment appealed is correct.

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.

Clark v. Aqua Air Industries, Inc.

435 So. 2d 492 · Louisiana Court of Appeal · Jun 7, 1983

Gorman was qualified to testify as an expert in the fields of job placement and development, non-medical testing of physical and mental abilities, and vocational administration. He testified that any work which Mr. … Accordingly, we are of the opinion that this case clearly falls under the “odd lot” doctrine. Under the “odd lot” test4 as announced in Oster v.

Landry v. Bill Garrett Chevrolet, Inc.

430 So. 2d 1051 · Louisiana Court of Appeal · Jun 27, 1983

The test established by Frye provides that scientific evidence should be admissible only when "... the thing from which the deduction is made must be sufficiently established to have gained general acceptance in the particular … We prefer to rely on established rules of evidence dealing with competency and credibility.

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

Ellis v. Dover Elevator Co.

597 So. 2d 1 · Louisiana Court of Appeal · Jan 16, 1992

Furthermore, the instruction emphasized the "limited purpose" of establishing the amount paid by the compensation carrier. … Robert Reichart was qualified and accepted as an elevator inspector. He inspected elevator number six on two occasions following the accident.

Davis v. Petroleum Club of Lafayette

795 So. 2d 506 · Louisiana Court of Appeal · Sep 19, 2001

. *509 STANDARD OF REVIEW An appellate court should not disturb the findings of a workers' compensation judge unless they are clearly wrong or manifestly erroneous. Winch v. … These records, along with Davis' testimony sufficiently establish he sustained a job-related accident and injury; and we will not disturb the workers' compensation judge's ruling on this issue.

Entergy Louisiana, Inc. v. Kennedy

2003 La.App. 1 Cir. 0166 · Louisiana Court of Appeal · Jul 2, 2003

Absent evidence to the contrary, the language of the statute itself must clearly and unambiguously express the intent to apply to the property in question. … In the same agreements accomplishing the sale, Entergy also obtained leases of the sold property, which clearly explains Entergy’s continued corporeal possession of the property.

Lowery v. Savana

759 So. 2d 1020 · Louisiana Court of Appeal · May 10, 2000

The jurisprudence requires more proof than the plaintiff's uncorroborated testimony to establish past medical expenses. … Under these circumstances, we cannot find this testimony sufficient to qualify as adequate proof of Lowery's past medical expenses.

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

In Re Succession of Pardue

915 So. 2d 415 · Louisiana Court of Appeal · Nov 8, 2005

The admission of expert testimony is proper when the following three factors are established: (1) the expert is qualified to testify competently regarding the matters he intends to address, (2) the methodology by which the … A district court's decision to qualify an expert will not be overturned absent an abuse of discretion. Cheairs, supra . In the present case, Dr.

Boren v. Louisiana Pacific Corp.

486 So. 2d 1190 · Louisiana Court of Appeal · Apr 9, 1986

The jurisprudence clearly establishes that an illness or disease which is not sudden may be classified as an accident and may fulfill the statutory requirements for an accidental injury under the Worker's Compensation Act … So while these chemicals were not toxic, the evidence shows they were harsh enough to qualify as irritants and thus harsh enough to exacerbate the condition which was afflicting Mr. Boren.