Case law

Helling v. Webster Parish Police Jury

523 So. 2d 904 · Louisiana Court of Appeal · Mar 30, 1988

On February 3, 1987, the Webster Parish Police Jury disapproved the plaintiff's application for a liquor license because her "establishment is in an area that was voted dry" and therefore the granting of such a license would … In addition to the procedure for calling local option elections by petition of twenty-five percent of the qualified electors residing in any ward or incorporated municipality an election may be ordered to determine whether

McGregor v. Hospice Care of Louisiana in Baton Rouge, L.L.C.

2009 La.App. 1 Cir. 1357 · Louisiana Court of Appeal · Feb 12, 2010

The plaintiffs were subsequently advised that the Hospice defendants were not qualified with the patient’s compensation fund. … Clearly, the medical malpractice claim existed at the time that judgment was rendered in the contract suit, as the medical malpractice claim had already been filed as a separate suit under a different docket number.

Chabert v. Mothe Life Insurance Co.

4 La.App. 5 Cir. 590 · Louisiana Court of Appeal · Nov 30, 2004

As can be seen from the preceding statements, clearly the trial court used the proper standard to determine whether or not the incident in question qualified as an intentional act exception to La. R.S. 23:1032. … The evidence -simply does not establish that LeBlanc intended any injury whatsoever, and further, a reasonable man would not have anticipated that any injury would result from the act.

Tommie M. Granger, M.D. v. Christus Health Central Louisiana D/B/A Christus St. Francis Cabrini Hospital

Louisiana Court of Appeal · Jul 20, 2012

That is to say, HCQIA does not confer absolute immunity to a peer review committee, but grants immunity only when the statutory requirements are met. … Clearly, there was a legal duty on the part of Dr.

Aucoin v. CNA

2012 La.App. 1 Cir. 0144 · Louisiana Court of Appeal · Sep 21, 2012

Although the evidence established that Mr. … Aucoin’s neighbor and the clerk of court preclude his qualifying for PTD benefits. Thus, we find that the WCJ correctly granted summary judgment in favor of KCS and dismissed Mr. Aucoin’s claim for PTD benefits. Mr.

Bourne v. Seventh Ward General Hosp.

546 So. 2d 197 · Louisiana Court of Appeal · May 16, 1989

The testimony of plaintiff's experts clearly establishes, and this appellant admits, that there is a latent period from three to four days after the overdose before the liver damage begins to manifest itself. Thus, Ms. … The case is clearly distinguishable from the one sub judice.

Craig v. Craig

956 So. 2d 819 · Louisiana Court of Appeal · May 9, 2007

We further point out that the family therapist hired by Mike, Sandi Davis, qualified as an expert and testified at trial that the children seem "well-adjusted" spending a week with Tobie and a week with Mike. … After a thorough review of the record, we find the trial court was clearly wrong in modifying the custody arrangement.

Boyd v. Chrysler Corp.

487 So. 2d 768 · Louisiana Court of Appeal · Apr 25, 1986

McCrary could not remember clearly, but felt sure he had told the plaintiff the truck would pull the boat. … Francis Reed, a mechanic from M & M’s service department who qualified as an expert, testified M & M had replaced the throw-out bearing in April, August and November of 1983.

Schepp v. Olin Corp.

445 So. 2d 1280 · Louisiana Court of Appeal · Feb 1, 1984

Doctor Lacour qualified as an expert in general and industrial medicine. He testified, under direct examination, that Mr. Schepp's condition was attributable to gas exposure. … that the finding is not clearly wrong (Manifestly erroneous).'

Short v. City of Baton Rouge

110 So. 2d 825 · Louisiana Court of Appeal · Mar 23, 1959

Exceptions of no cause and no right of action, founded on the principle of governmental immunity from liability, were filed on behalf of the City of Baton Rouge and the Parish of East Baton Rouge. … Lumbermen’s Mutual Casualty Co., La.App., 98 So.2d 530 cited and heavily relied upon by counsel for plaintiff is clearly distinguishable from the present case.

State v. Kelly

935 So. 2d 205 · Louisiana Court of Appeal · May 5, 2006

While defendant argues that such a relationship qualifies as an “intimate” relationship for purposes of the code article, we note that defendant failed to establish that there was a history of assaultive behavior between … Neither defendant nor the State cite any jurisprudence to support whether the relationship between cellmates can qualify as “intimate.”

Alfred Palma, Inc. v. Crane Services, Inc.

3 La.App. 3 Cir. 0614 · Louisiana Court of Appeal · Nov 5, 2003

The waiver was clearly articulated in the bill of sale and was made known to the buyer. … However, fraud need only be proven by a preponderance of the evidence and may be established by circumstantial evidence. LSA-C.C. art.1957.

Giglio v. State, Department of Child & Family Services

227 So. 3d 851 · Louisiana Court of Appeal · Sep 20, 2017

Therefore, we find that plaintiff failed to establish that his requests for production of documents directed to non-parties qualified as steps in the prosecution of his suit. … The trial court clearly found that notice of the subpoena was not served on the defendants. Therefore, the matter should have been adjudged abandoned.

Gill v. &198tna Casualty Ins. Co.

23 So. 2d 343 · Louisiana Court of Appeal · Oct 3, 1945

It is clearly established by the evidence that at the time of the accident plaintiff was employed by The Aluminum Company as a utility man and that on November 9, 1943, he was assigned as a pump operator and while engaged … He *Page 345 expresses the opinion that plaintiff is qualified to do work of a reasonable character and work of any kind that would not require him to go farther than his limitation of motion in his right index finger.

Butler v. Jefferson Disposal Co.

460 So. 2d 1062 · Louisiana Court of Appeal · Oct 11, 1984

Butler was qualified for a number of jobs despite his never interviewing him. Nor did Jefferson Disposal ever offer to have Mr. Butler retrained for or evaluated for any other jobs. Mr. … The plaintiff-employee in a workmen’s compensation accident has the burden of establishing by a preponderance of the evidence the causal connection between his disability and the accident. Martin v. H.B.

Marceaux v. State

97 La.App. 1 Cir. 0273 · Louisiana Court of Appeal · Sep 25, 1998

ANALYSIS The historical facts in this ease clearly establish that the supplemental pay provision for state police and officers of the DWF enforcement division was proposed, discussed, and passed as an exception to the uniform … By this amendment, a separate "state police service” was also established. .

In Re Interdiction of Dugas

997 So. 2d 724 · Louisiana Court of Appeal · Nov 3, 2008

establishes that the fact finder is clearly wrong or manifestly erroneous. … The undercurator shall: (1) Notify the court when the curator has failed to qualify timely for office. (2) Have free access to the interdict and to all records relating to the interdict relevant to his office. (3) Review

Crockerham v. Weyerhaeuser Holden Wood Products

2016 La.App. 1 Cir. 0331 · Louisiana Court of Appeal · Jun 2, 2017

that the finding is clearly wrong. … The OWC’s conclusion that claimant'had limited mental • skills was established at trial.

Sargee v. Security Industrial Insurance Co.

540 So. 2d 1276 · Louisiana Court of Appeal · Mar 15, 1989

In Security Industrial’s second assignment of error, it urges that “The Court committed manifest error in failing to find that Security Industrial Insurance Company’s reliance on advice of counsel rendered it immune from … Such amount is clearly not excessive considering the facts of the instant case.

Hansel v. Holyfield

779 So. 2d 939 · Louisiana Court of Appeal · Dec 27, 2000

This does not qualify as new evidence under La. C.C.P. art. 1972(2). … Hansel was establishing the family in Louisiana. In any event, Mrs. Hansel did physically move to Louisiana as soon as was practical.