Case law

Nixon v. Pittsburgh Plate Glass Company

161 So. 2d 361 · Louisiana Court of Appeal · May 4, 1964

Another equally well established rule is that the opinion of a treating physician who has been in close contact with his patient over a long period of time is entitled to greater weight than that of an equally qualified expert … Although the evidence may not show with certainty the specific cause of plaintiff's disability, it clearly establishes that he has been totally disabled continuously since the tetanus shot was administered to him on September

Johnson v. Morehouse General Hospital

27 So. 3d 1085 · Louisiana Court of Appeal · Dec 22, 2009

that the fact finder is clearly wrong or manifestly | (¡erroneous. … (c) He is qualified on the basis of training or experience to offer an expert opinion regarding those accepted standards of care.

Rue v. Board of Trustees of Alexandria Employees Retirement System

437 So. 2d 1167 · Louisiana Court of Appeal · Aug 10, 1983

He explained that, when a medical question would arise, the Board would, “... utilize a series of a number of qualified doctors and physicians in Alexandria”. … It is our opinion that the trial court’s finding, that the Board is in substantial compliance with the law, is clearly wrong.

Millen v. STATE DEP. OF PUB. SAF. AND CORR.

978 So. 2d 957 · Louisiana Court of Appeal · Dec 21, 2007

The form indicates that the arresting officer is to appear before a "notary or other person qualified to give oath" when providing his sworn statement. Trooper Bergeron's affidavit states that he appeared before Sgt. … We find the arresting affidavit sets forth sufficient facts establishing that Trooper Bergeron had reasonable grounds to believe that Mr.

Leeman v. Triple E Transport, Inc.

99 La.App. 4 Cir. 0229 · Louisiana Court of Appeal · Jun 30, 1999

Where two permissible views of the evidence exits, a factfinder’s choice between the two views can never be manifestly erroneous or clearly wrong. See Banks v. … Heinen testified that Lee-man, along with several other members of the hospital staff, signed a Chain of Custody and Control form, which indicated that the' drug screen was authorized, and that qualified medical personnel

State v. Wilson

938 So. 2d 1111 · Louisiana Court of Appeal · Aug 23, 2006

After voir dire of 8 death penalty-qualified panels and 4 general panels, the court assembled the remaining qualified *1122 prospective jurors in another courtroom and began selection of 12 jurors and 2 alternates. … Maxile were pretextual is clearly wrong.

State v. Pitts

4 So. 3d 955 · Louisiana Court of Appeal · Feb 25, 2009

Deputy Sheriff Michael Swallow of the Ouachita Parish Sheriffs Office testified at trial after being qualified as an expert in fingerprint identification. … To the contrary, the State cites applicable law, points to the evidence and asserts that the evidence presented at trial clearly supports Defendant’s convictions. We agree.

Vining v. State Farm Life Ins. Co.

409 So. 2d 1306 · Louisiana Court of Appeal · Jan 25, 1982

It does not qualify as a computer record and is not an exception to the hearsay rule as any other type of business record because the following foundation is required as a pre-requisite to the admissibility of ordinary business … The evidence offered to prove such notice was clearly inadmissible hearsay in that defendant's computer records are inadmissible in the instant case because a proper foundation was not laid to establish their trustworthiness

Prince v. K-Mart Corp.

815 So. 2d 245 · Louisiana Court of Appeal · Mar 26, 2002

In that motion, they attempted to produce another affidavit in order to qualify Lipp as an expert and thus to raise a disputed issue of material fact on the issue of liability. … The judgment was not clearly contrary to the law and the evidence and the new information was not newly discovered evidence that could not have been discovered or obtained with due diligence beforehand.

Chaisson v. Philip Services Corp.

917 So. 2d 514 · Louisiana Court of Appeal · Nov 2, 2005

The WCJ found the employer was unable to establish that claimant was guilty of fraud pursuant to La.R.S. 23:1208.1. … Clearly, this testimony supports claimant's assertion that he informed Nassar of the accident.

Mossy Motors v. Sewerage and Water Bd.

753 So. 2d 269 · Louisiana Court of Appeal · May 12, 1999

William Legier, Mossy's accounting expert, qualified that the financial impact to Mossy was over six million dollars. … Qualified salesmen were lost to other businesses from lack of sufficient business to warrant their employ.

Grant v. Allstate Insurance Co.

96 La.App. 3 Cir. 1028 · Louisiana Court of Appeal · Feb 12, 1997

court, and (2) the appellate court must farther determine that the record establishes that the finding is clearly wrong (manifestly erroneous). … It must review the record in its entirety to determine whether the trial court’s findings were clearly wrong or manifestly erroneous. Id.

Ree Corporation v. Shaffer

246 So. 2d 313 · Louisiana Court of Appeal · Jun 16, 1971

We also note that defendants introduced documentary evidence to establish their claim to a one-third interest in the property, not to establish their title herein, but to show their right to possession as owners and the extent … Stinson, above, clearly holds that a co-owner has the right to use of all property held jointly, provided such use is in accord with the purpose for which the property is destined.

Gotte v. Magnum Elec. Co., Inc.

628 So. 2d 1168 · Louisiana Court of Appeal · Dec 8, 1993

To qualify for supplemental earnings benefits (SEB), a claimant must prove by a preponderance of the evidence that a work-related injury resulted in his inability to earn wages equal to 90% or more of his wages at the time … Clearly, we find that the physical therapy constituted related medical treatment for which Magnum and Cigna are liable.

Kirby v. Langston's Furniture & Appliance

631 So. 2d 1301 · Louisiana Court of Appeal · Jan 27, 1994

While he had never operated the mower in question, had never designed a mower or a mower part to obtain a patent, and had never testified in a lawnmower case, he was qualified by the trial court to give opinion evidence as … Because Ryan's testimony is insufficient to establish a defective design or to establish causation, even when viewed in the light most favorable to plaintiff, it does not support the jury's finding of liability.

State v. Billiot

672 So. 2d 361 · Louisiana Court of Appeal · Apr 4, 1996

Seiffert was not qualified as an expert witness in accident reconstruction, the trial court erred in allowing his opinion testimony in this matter. Although Sgt. … Clearly, the trial court correctly overruled defense counsel's objection to this testimony. When the prosecutor asked Sgt.

Morella v. Board of Commissioners

2004 La.App. 4 Cir. 0312 · Louisiana Court of Appeal · Oct 27, 2004

R.S. 23:1032 provides employers with immunity from tort lawsuits brought by employees for unintentional, job related injuries. The terminal property was leased by the Dock Board to P & 0 Ports under a written lease. … DISCUSSION Lease Provisions The trial court determined that P & O Ports’ duty to furnish a defense to the Dock Board was established in the lease between the Dock Board and P & O Ports.

King Cold Storage Warehouse, Inc. v. City of New Orleans

522 So. 2d 169 · Louisiana Court of Appeal · Mar 10, 1988

LSA-R.S. 38:2216(C)(2)(a) provides: For purposes of this Subsection, "responsible bidder" shall mean a contractor or subcontractor who has an established business and who has demonstrated the capability to provide goods and … Clearly, their knowledge and experience of 17 years qualify them as a responsible contractor pursuant to this subsection of the statute.

Barnes v. Thames

578 So. 2d 1155 · Louisiana Court of Appeal · Feb 15, 1991

Based on the totality of the evidence in the record regarding the relationship of S.I.D. and Monasco, as detailed above, I conclude the evidence is clearly insufficient to establish Monasco was an alter ego of S.I.D. … The jury clearly erred in concluding otherwise, the evidence presented being insufficient to sustain such a conclusion.

Landry v. Bellanger

813 So. 2d 598 · Louisiana Court of Appeal · Mar 28, 2002

the finding is clearly wrong. … In a civil battery case, the burden of proof is on the plaintiff to establish that a battery was committed. Frazer v. St.