Case law

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.

Marinoni v. Levy

9 Teiss. 253 · Louisiana Court of Appeal · Apr 17, 1912

to establish a new rule, it will be construed as merely declaratory of the law as it stood before its adoption. 126 S. … Such recital in no manner qualifies or recites the unconditional promise to pay the fixed sum on a fixed day. Cases sustaining this view will be found in Crawford Neg. Inst. Law, P. 10 and 11, Ogden on Neg.

Pearce v. POWER & TELEPHONE OF KENTUCKY, INC.

533 So. 2d 46 · Louisiana Court of Appeal · Oct 5, 1988

Hearsay is evidence of an unsworn, out-of-court statement, made by a person, other than the testifying witness, which is introduced to establish the truth of its contents. State v. … Lewis was not qualified to answer. Mr. Lewis was tendered in an attempt to qualify him as a splicing expert. The trial court accepted Mr.

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.

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.

State Of Louisiana v. Jeffery Floyd Baham

Louisiana Court of Appeal · Apr 12, 2022

R.S. 14: 403. 10 B establishes a three -prong test for determining whether the immunity it establishes applies. … If the defendant had consumed alcohol instead of drugs on the night he was arrested, the prosecutorial immunity of La. R.S. 14: 403. 10( B) clearly would not apply to him. See State v.

Miller v. City of Shreveport

90 So. 2d 565 · Louisiana Court of Appeal · Oct 25, 1956

When plaintiff, Bowen, joined the police force, the statute required only sixteen years of active continuous service to qualify for benefits. … Miller was clearly entitled to a change in his pension status and fully met all requirements to obtain such.

Krebs v. Mull

727 So. 2d 564 · Louisiana Court of Appeal · Dec 28, 1998

In 1991, plaintiff was approached by two clients who were seeking redress as a result of having contracted Acquired Immune Deficiency Syndrome (AIDS) from infusions of a blood factoring compound used to treat hemophilia. … The Supreme Court's reversal of this court's opinion in Chaffin clearly establishes that, in some circumstances, a tort action may lie for unwarranted interference by an attorney with the attorney-client contract of another

Franks v. Harper

141 So. 2d 690 · Louisiana Court of Appeal · Mar 8, 1962

obligation as usufructuary to carry fire insurance for the protection of the one-third interest of which said two minors were naked owners, it is our opinion that although the said minors themselves, through their properly qualified … On the other hand, defendant argues the well established general principle of law that a policy of fire insurance is a personal contract between the insurer and the insured and that a person who is not either a party to the

Sims v. Liberty Mut. Ins. Co.

4 La.App. 3 Cir. 584 · Louisiana Court of Appeal · Mar 2, 2005

"A district court's decision to qualify an expert will not be overturned absent an abuse of discretion." Id. The City cites Daubert v. … "It is well established that a loss of future earnings award is not merely based upon the difference between a plaintiff's earnings before and after a disabling injury.

Morton v. Hicks

74 So. 3d 268 · Louisiana Court of Appeal · Sep 28, 2011

that the fact finder is clearly wrong or manifestly erroneous. … Hicks had not changed his domicile to the Holcomb Drive address in District 2 in time to qualify for this election.

Willis v. Noble Drilling (US), Inc.

11 La.App. 5 Cir. 598 · Louisiana Court of Appeal · Nov 13, 2012

Willis does not qualify as a “seaman” under OSHA because he lacks a connection to a vessel or vessels that is substantial in terms of time and nature. 12 See also, Willis v. … Thus, the unrefuted evidence at trial established that OSHA applied in this instance.

Romero v. Little Britches Day Care Center, Inc.

99 La.App. 3 Cir. 1643 · Louisiana Court of Appeal · Jun 7, 2000

When that psychologist failed to establish a relationship with B.R. satisfactory to the mother, B.R. was taken to Dr. Lyle LeCorgne, a clinical psychologist. … A jury’s findings of fact may not be reversed absent manifest error or unless clearly wrong. Stobart v. State, through DOTD, 617 So.2d 880 (La.1993).

State v. Williams

16 La.App. 5 Cir. 32 · Louisiana Court of Appeal · Aug 24, 2016

The State and defense also made the following stipulations at trial: if called, Michael Cole would be qualified as an expert in the field of forensic science, specifically with regard to the analysis and comparison of narcotics … The record clearly belies these assertions. .

Wagley v. Cross

347 So. 2d 859 · Louisiana Court of Appeal · Jun 30, 1977

The east and north lines have clearly visible enclosures. The Cross residence is just beyond the east line and the property on which the residence is located merges into the disputed property. … The evidence as a whole preponderates to establish that Cross did possess as owner.

Fox v. State Farm Mutual Automobile Insurance Co.

273 So. 2d 743 · Louisiana Court of Appeal · Feb 6, 1973

Fox has clearly exaggerated her injuries and pain and discomfort she suffers. … Once past that period, however, it appears to us that the evidence clearly establishes, even that of Dr. Salatich, that while she will suffer pain from time to time, this plaintiff is not disabled from doing work.

Weeden Engineering Corp. v. Hale

435 So. 2d 1158 · Louisiana Court of Appeal · Jul 21, 1983

They maintain that this language is clearly indicative of a principal-agent relationship between Mr. … It is well-established in our jurisprudence that statutes are to be construed in such a manner as to effectuate their purpose.

Duncan v. Offshore Food Service, Inc.

633 So. 2d 350 · Louisiana Court of Appeal · Dec 29, 1993

The first issue for our consideration is whether the trial court erred in finding Duncan did not qualify as a seaman for purposes of the Jones Act. 46 U.S.C.App. § 688. … The record does not establish that Duncan performed a substantial part of his work on a vessel.

State v. Jackson

860 So. 2d 134 · Louisiana Court of Appeal · Oct 28, 2003

We also find that the record does not appear to establish that defendant made a showing of purposeful discrimination. … NOTES [1] The defendant in his brief argues that he as Acquired Immune Deficiency Syndrome (AIDS); however, defendant did not introduce any testimony or evidence as to the nature of his illness.

LHO New Orleans LM, L.P. v. MHI Leasco New Orleans, Inc.

2003 La.App. 4 Cir. 1283 · Louisiana Court of Appeal · Mar 3, 2004

Finally, LaSalle contends that the arbitrators manifestly disregarded well-established Louisiana law on the personal property tax issue. … Thus, the doctrine of “manifest disregard of the law” clearly requires more than simply an error of law on the part of an arbitrator.