Case law

In re Med. Review Complaint By Daron Downing

272 So. 3d 55 · Louisiana Court of Appeal · May 8, 2019

as to some qualified defendants. … Therefore, joint liability has clearly been alleged. This triggers the suspension of the running of prescription against all joint obligors, as set forth in LSA-R.S. 40:1299.39.1(A)(2)(a).

In re Med. Review Complaint By Daron Downing

272 So. 3d 55 · Louisiana Court of Appeal · May 8, 2019

as to some qualified defendants. … Therefore, joint liability has clearly been alleged. This triggers the suspension of the running of prescription against all joint obligors, as set forth in LSA-R.S. 40:1299.39.1(A)(2)(a).

Dean v. Ramos Corp.

781 So. 2d 796 · Louisiana Court of Appeal · Feb 28, 2001

Thus, "if the adverse party fails to produce factual support sufficient to establish that he will be able to satisfy his evidentiary burden at trial there is no genuine issue of fact." Id. … This figure of course serves as no more than a guideline established by years of experience, and departure from it will certainly be justified in appropriate cases.

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.

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

Inzinna v. Walcott

868 So. 2d 721 · Louisiana Court of Appeal · Nov 21, 2003

To reverse a factual determination, the appellate court must find that a reasonable factual basis for the finding of the trial court does not exist in the record and that the record establishes that the finding is clearly … Otherwise, the supreme court stated that absent a qualifying privilege, any provocative or aggressive conduct on the part of the plaintiff should be incorporated into the allocation of fault by the trier of fact.

Spears v. Brown Paper Mill Co.

9 So. 2d 332 · Louisiana Court of Appeal · Apr 30, 1942

Smith in August, 1939, showed evidence of tuberculosis in both lungs but not as clearly as his own picture, from which he deduces that the disease is active. … The text writers say that it often happens that highly qualified and experienced physicians mistake the one for the other and this too, after every known test has been resorted to.

Ehlinger v. Ehlinger

251 So. 3d 418 · Louisiana Court of Appeal · May 29, 2018

He also maintains that the amended judgment qualifies as an implementation order. … However, the court has also defined the limits on the right to privacy, reasoning that the right to privacy is not absolute; it is qualified by the rights of others.

Johnson v. City of Pineville

8 La.App. 3 Cir. 1234 · Louisiana Court of Appeal · Apr 8, 2009

This time period is clearly outside of the five-day period provided for in La.R.S. 44:35. … The Louisiana Constitution Article 12, § 13 states, “No person shall be denied the right to observe the deliberations of public bodies and examine public documents, except in cases established by law.”

State v. Handley

453 So. 2d 1242 · Louisiana Court of Appeal · Jun 26, 1984

Clearly, defendant's allegation of double jeopardy has no merit. … Qualifying verdicts in capital and noncapital cases: "In a capital case the jury may qualify its verdict of guilty as follows: (1) With the addition of the words `without capital punishment,' in which case the punishment

Derouen v. Dept. of Transp. & Development

392 So. 2d 765 · Louisiana Court of Appeal · Dec 17, 1980

There was no testimony whatsoever from any qualified person as to the extent of the damage to the 1974 Mazda automobile and the costs of repairing this damage. … Victor, supra, is distinguishable on the grounds clearly indicated by the Supreme Court itself. Plaintiff Coleman's automobile damages were fixed at $800.00 on the basis of her own self-serving and hearsay testimony.

McCook v. Rebecca-Fabacher

10 So. 2d 512 · Louisiana Court of Appeal · Nov 18, 1942

If, as is maintained, Johnson made the condition so bad that a driver could not see more than twenty feet ahead of him, then that of itself would seem to establish Profitt's negligence in not having his car under proper control … convinced that, as the employee of the plaintiff, acting within the course and scope of his employment, the negligence of Profitt which contributed to the accident which was the cause of the injury of the plaintiff, is clearly

Mathews v. Marquette Casualty Company

152 So. 2d 577 · Louisiana Court of Appeal · Jun 14, 1963

Frazier, although qualified as an insurance agent, was not licensed as a solicitor for the Gibson agency. … Marquette Casualty Insurance Company, however, has failed to establish that the omission charged to its agent caused it damage.

Abadie v. Metropolitan Life Ins. Co.

784 So. 2d 46 · Louisiana Court of Appeal · Mar 28, 2001

Plaintiffs argue that post-1976 evidence was relevant to establish intentional tortious conduct of the Avondale Executive Officers, for which they are not immune to prosecution under R.S. 23:1032 as amended. … The record establishes that the parties agreed, pre-trial, that these suits alleged negligent conduct and not intentional conduct from any time period. Thus, post 1976 evidence was clearly irrelevant and not at issue.

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).

Alonzo v. Chifici

526 So. 2d 237 · Louisiana Court of Appeal · Apr 18, 1988

Although the Civil Code clearly contemplates a distinction between sales and construction contracts, it defines the contract of sale in very general terms. … LSA-R.S. 37:2150 et seq., establishes a state licensing requirement for contractors as a protective measure for the general public.

Doe v. University Healthcare Systems, L.L.C.

145 So. 3d 557 · Louisiana Court of Appeal · Jul 9, 2014

In order to qualify for class certification, there are seven general requirements that need to be met. See La. C.C.P. art. 591. … Clearly the court erred in making blanket presumptions regarding the size of the plaintiffs’ claims, as well as their ability to seek individual counsel.

State v. Harris

540 So. 2d 1226 · Louisiana Court of Appeal · Mar 15, 1989

Rogers, the canine officer, established how he tracked the suspect's path to the house where he was found. … Harris' attorneys defended him by attempting to establish an alibi.

Thibodeaux v. Hernandez

702 So. 2d 1157 · Louisiana Court of Appeal · Oct 29, 1997

In those municipalities governed by the provisions of this Part, R.S. 33:321 et seq., which have a chief of police elected by the qualified voters thereof, he shall make recommendations to the mayor and board of aldermen … La.R.S. 33:423(A) clearly requires such a recommendation before the mayor and board of aldermen may dismiss police personnel.

Winingder v. Balmer

632 So. 2d 408 · Louisiana Court of Appeal · Feb 11, 1994

FIRE HAZARD Plaintiff qualified James Mazerat as an expert in fire inspections and safety programs. … Such a condition clearly affects adversely the quality of life not only of Winingder, but also of her family members. Balmer offered no evidence to contradict this testimony.