Case law

Crowe v. State Farm Mut. Auto. Ins. Co.

416 So. 2d 1376 · Louisiana Court of Appeal · Jul 2, 1982

Our review of the record establishes that the jury's finding of no negligence on the part of King is correct. … Third, that Hank and Joyce Miller were unable to qualify as insureds under the terms of the homeowners policy.

State v. Balfa

485 So. 2d 264 · Louisiana Court of Appeal · Mar 5, 1986

Qualified jurors need not, however, be totally ignorant of the facts and issues involved. … To hold that the mere existence of any preconceived notion as to the guilt or innocence of an accused, without more, is sufficient to rebut the presumption of a prospective juror’s impartiality would be to establish an impossible

LeBlanc v. Police Jury of the Parish of Rapides

188 So. 2d 131 · Louisiana Court of Appeal · Jun 15, 1966

[The Development Board under the terms of the statute is a public corporation, invested with such immunities, rights and privileges as to the functions defined in the statute as apply to any other public board appointed by … be irreparably damaged, as well as the rights of all the citizens, qualified electors and taxpayers of the State of Louisiana.

RO Roy & Company, Inc. v. a & W TRAILER SALES

277 So. 2d 204 · Louisiana Court of Appeal · Apr 3, 1973

Truck Lines, 209 La. 582 , 25 So.2d 236 , and Article 2474 declares that "The seller is bound to explain himself clearly respecting the extent of his obligations: any obscure or ambiguous clause is construed against him'. … Plaintiff's well-qualified expert, Dr. Barnwell, expressed the firm opinion, based on his examination and experiments, that the trailer was improperly designed for its intended use.

Frelow v. Mills

647 So. 2d 475 · Louisiana Court of Appeal · Dec 7, 1994

In this case, the record strongly establishes that an accident occurred which entitles Ms. Frelow to workers' compensation benefits. … This does not qualify as management experience. Ms.

Quina v. Orleans Parish School Board

224 So. 2d 835 · Louisiana Court of Appeal · Jul 7, 1969

It pleads the governmental immunity granted by Article 19, Section 26 of the Constitution of 1921 of the State of Louisiana, and it asserts that the plaintiff has not alleged any legislative grant authorizing her to institute … The allegations of the plaintiff’s petition clearly state that at the time of employment, the Board was aware of the plaintiff’s qualifications and knew that she was not a college graduate and had little or no experience

State Ex Rel. Jym

53 So. 3d 607 · Louisiana Court of Appeal · Dec 8, 2010

Further, the record also clearly supports the State's assertion that P.J.M. demonstrates unhealthy behavior. The trial court did not err in concluding that P.J.M.' … We also find that the trial court was not clearly wrong in finding that the State satisfied its burden under La.Ch.Code art. 1015.

Clark v. State Dept. of Pub. Saf. and Corr.

861 So. 2d 603 · Louisiana Court of Appeal · Nov 12, 2003

. & C., L.S.P., and both State Troopers, Sergeant William Dorris and Lieutenant Michael Sunseri, filed answers in which they asserted six affirmative defenses including qualified immunity, comparative fault, self-defense … that the finding is clearly wrong (manifestly erroneous).

Hannan v. Hannan

761 So. 2d 700 · Louisiana Court of Appeal · May 12, 2000

Before an appellate court may reverse a factfinder's determinations, it must find from the record that a reasonable factual basis does not exist for the findings and that the record establishes that the findings are clearly … Our review of the record establishes that in 1991 Ms.

Howard v. ICRR

709 So. 2d 1044 · Louisiana Court of Appeal · Mar 25, 1998

Then the court must further determine that the entire record establishes that the finding is clearly wrong. … It contends that Griffith, plaintiffs' expert, should not have been qualified as an expert in accident reconstruction. We disagree.

Thibodeaux v. Thibodeaux

93 La.App. 3 Cir. 1445 · Louisiana Court of Appeal · Jun 1, 1994

Vanguard documents entered into evidence establish |4the value of the retirement plan on the date of marriage as $73,457.12. … Clearly, some of the growth in value during the community is also attributable to investment returns earned on the $73,457.12 pre-community value of the plan.

Arledge v. Dolese Concrete Co.

807 So. 2d 876 · Louisiana Court of Appeal · Jun 6, 2001

Arledge's social security and union pension benefits constituted "earnings" such as to qualify plaintiff to receive death benefits. 2. … LSA-R.S. 23:1231 establishes the death benefit and provides, in pertinent part: A.

State v. Benoit

570 So. 2d 490 · Louisiana Court of Appeal · Nov 14, 1990

established chain of evidence with regard to the delivery and handling of the blood kit used and, 3) The State’s failure to establish and/or adhere to reasonable, promulgated procedures with regard to blood analysis and/ … Although providing for maintenance, repair and inspection, the regulations do not sufficiently safeguard the accuracy of the gas chromatograph by specifying what may be performed by the analyst and what must be performed by a qualified

Guillot v. East Jefferson General Hospital

2002 La.App. 5 Cir. 1074 · Louisiana Court of Appeal · Jan 28, 2003

The parties stipulated that if Vonda Stamply were called to testify, she would qualify as a nursing expert, and she would state that it is a breach of the standard of care to drop a patient, and that Ms. Ba-chus and Ms. … However, it is the plaintiffs burden to establish a causal connection between injuries and an accident by a preponderance of the evidence. Jones v. Rapides General Hospital, 598 So.2d 619, 621-622 (La.App. 3 Cir.1992).

Benson v. Rapides Healthcare System, L.L.C.

15 La.App. 3 Cir. 1083 · Louisiana Court of Appeal · Apr 6, 2016

If, however, we find that the trial' court’s verdict |fiwas clearly without evi-dentiary support, or clearly wrong based on the evidence, we must reverse the verdict. Ambrose v. … He argues that Savoy administrators caused the delay because although he had been prepared for the cath procedure and persons qualified to perform the procedure were ready to proceed, the administrators would not allow the

Mitchell v. Bradford

961 So. 2d 1288 · Louisiana Court of Appeal · Jun 20, 2007

In the trial record there is a Diet Drugs II Qualified Settlement Fund Release and Distribution Sheet which lists one of the appellants, Marian Madison as represented by both Grenfell and Mitchell as attorneys. … This evidence is insufficient because first, the document signed by Marion Madison clearly indicates she rejected the offer.

Vallery v. Southern Baptist Hosp.

630 So. 2d 861 · Louisiana Court of Appeal · Dec 30, 1993

The legislative aim was to make use of the well-established division between intentional torts and negligence in common law. … NOTES [1] The hospital also filed an exception of no right of action which clearly is inapplicable.

Sumrall v. Bickham

887 So. 2d 73 · Louisiana Court of Appeal · Sep 8, 2004

The agreement goes on to clearly state that Bickham "expressly denie[s]" liability. … I am of the humble opinion that some significance must be given to the insurer's decision to qualify the term "liable" with the word "legally."

Anderson v. State Farm Fire & Casualty Insurance Co.

2010 La.App. 1 Cir. 0036 · Louisiana Court of Appeal · Jul 16, 2010

The test to determine whether a person qualifies for UM coverage under a liability insurance policy is to ask whether they would be covered if they were at fault for the accident. … The record establishes that these two requirements are satisfied here. Section 1 of Endorsement 3 states: B.

Pellerin v. Humedicenters, Inc.

96 La.App. 4 Cir. 1996 · Louisiana Court of Appeal · Jun 11, 1997

Krefft qualified this, however, by stating an injection of anything could cause nerve damage because the needle itself could be responsible. Both Dr. Krefft and Dr. … Clearly, the jury was confronted with a great deal of conflicting testimony. Dr.