Case law

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.

State v. Winn Parish School Board

9 So. 2d 342 · Louisiana Court of Appeal · Jun 2, 1942

He established residence there. Relator with the two children remained in Delhi. Soon thereafter relator and her husband interviewed Mr. D.E. … These facts clearly disclose that she was not the board's employee and the motion is wholly impotent to alter this fixation.

Blake International U.S.A. Rigs, L.L.C. v. State

2015 La.App. 1 Cir. 0164 · Louisiana Court of Appeal · Sep 18, 2015

As explained by the trial court in its oral reasons for judgment, the LQJPA’s statutory scheme very clearly requires that an entity may seek rebates only after a LQJPA contract has been executed. … establishment, on such terms and conditions as LBCI, with the approval of the governor, deems in the best interest of the state.

Blow v. OneBeacon America Insurance Co.

2016 La.App. 4 Cir. 0301 · Louisiana Court of Appeal · Apr 20, 2016

Because this section did not expressly confer immunity from tort suits on any person other than the employer, the Supreme Court held in Canter v. … R.S. 23:1032 with Act No. 147 to extend the employer’s tort immunity to persons previously considered third parties under the Act. See id. .

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.

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.

Jordan v. Honea

407 So. 2d 503 · Louisiana Court of Appeal · Nov 23, 1981

However, as we have seen, the use of the words "delivered or issued" in the Louisiana statute clearly indicates that an insurance policy is contemplated. … By qualifying as a self-insurer, Browning-Ferris chose to insure itself for all automobile liability coverage, including UM coverage.

Estate of Littleton v. Dean

471 So. 2d 927 · Louisiana Court of Appeal · Jun 12, 1985

Carey Littleton was permitted to qualify as the executor of the estate. By judgment dated November 20, 1978, the executor was authorized to convey the special legacy of property to the defendant. … (Emphasis added) The language used in the declaration clearly establishes that Louzallie Lit-tleton was illiterate as she always made her mark on documents which needed her signature.

State v. Cox

26 So. 3d 929 · Louisiana Court of Appeal · Dec 9, 2009

These facts clearly establish the agreement between Cox and Brown to transfer cocaine to the C.I. The latter elements of distribution of cocaine were not established until after Cox delivered the cocaine to the C.I. … In short, Cox does not refute that the events transpired and accordingly the C.I.’s testimony cannot change Cox’s criminal conduct that was clearly established as set forth in this appeal.

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.

Peterson Contractors, Inc. v. Herd Producing Co., Inc.

811 So. 2d 130 · Louisiana Court of Appeal · Feb 27, 2002

A court of appeal may not set aside a trial court's findings of fact in the absence of manifest error or unless it is clearly wrong. Stobart v. State, through Dept. of Transp. and Development, 617 So.2d 880 (La.1993). … In order to recover the contract price, a contractor must establish that he has substantially performed the construction contract. Design & Corrosion Eng'g v.

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.

Romagosa v. LAFAYETTE CITY-PARISH CONSOLIDATED GOV'T

824 So. 2d 448 · Louisiana Court of Appeal · May 29, 2002

If an injured fireman qualifies by sickness or disability, he may be entitled to both with the statutory credit; if he does not qualify for either, he is entitled to neither. … The letter is clearly admissible.

Knight v. Gould

2010 La.App. 1 Cir. 1355 · Louisiana Court of Appeal · Mar 25, 2011

Gould, though the defendant in this matter, was also qualified as an expert in radiation oncology and testified that he always recommends that the patient see his dentist. … Gould clearly did not make an express acknowledgement of an adverse fact, as argued by the plaintiffs.

Sunrise Shipping Agency, Inc. v. Universal Maritime Services, Ltd.

96 La.App. 4 Cir. 2703 · Louisiana Court of Appeal · Oct 1, 1997

We find the evidence contained in the record does not establish the requisites for specific jurisdiction. … Clearly, these contacts are insufficient to establish the minimum contacts necessary for Louisiana to exercise personal jurisdiction over Endeavor under a general jurisdiction analysis.

Keith William MacKmer v. the Estate of Frank Angelle, Jr.

Louisiana Court of Appeal · Dec 10, 2014

Mackmer asserted that the undisputed facts established that Mr. … Did the trial court err by admitting an affidavit into evidence that the affiant admitted in his deposition was not based on personal knowledge and was clearly contradicted by the affiant’s deposition

Sonnier v. State

249 So. 3d 51 · Louisiana Court of Appeal · Jun 6, 2018

court, and (2) determine that the record establishes that the trial court's finding is clearly wrong (manifestly erroneous). … The jury's verdict is not clearly erroneous. V.

Brossett v. State ex rel. Department of Transportation & Development

467 So. 2d 121 · Louisiana Court of Appeal · Apr 10, 1985

As we noted above, such findings of fact should be upheld unless they are clearly wrong, based on the record taken as a whole. The trial judge was not clearly wrong. … The residual impairment provision was first interjected into this case when DOTD, in its post trial memorandum, suggested that this was the only possible workers’ compensation provision under which plaintiff might qualify

Derrick Gabriel v. Louisiana Organ Procurement Agency

Louisiana Court of Appeal · Sep 20, 2023

In Gabriel, this court affirmed the motion for summary judgment filed by LOPA that established that Dr. Ramcharan was not its employee. On May 11, 2022, Dr. … Louisiana Revised Statutes 17:2354.6(A) immunizes qualified individuals from civil, criminal, and administrative action from loss or damage caused by an act or omission when those individuals act in good faith.

Reed v. Allstate Insurance Co.

97 La.App. 4 Cir. 2141 · Louisiana Court of Appeal · Dec 2, 1998

Moreover, Meeks is an unreported decision, which clearly has no precedential value. … Thus, only one of the three alternate venues established by LSA-R.S. 22:655 applied to that case. The only proper venue was the venue established by La.