Case law

Amos v. Walker

55 So. 3d 129 · Louisiana Court of Appeal · Nov 3, 2010

that the fact finder is clearly wrong or manifestly erroneous. … R.S. 32:24; and, therefore, he is immune from fault and liability in this case since he did not act with gross negligence or reckless disregard for the safety of others. We agree. La.

Shannon v. Vannoy

251 So. 3d 442 · Louisiana Court of Appeal · Jun 1, 2018

However, the defendants argued that the State is immune to suit on state law claims brought in federal court. Therefore, because Mr. … This is clearly shown by La.

Crochet v. Charles Holston, Inc.

847 So. 2d 775 · Louisiana Court of Appeal · Jun 4, 2003

We first note that the rules of statutory interpretation are clear and well established. … benefits serves to interrupt the three-year prescriptive period established in La.

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.

Hoyt v. Wood/Chuck Chipper Corp.

651 So. 2d 1344 · Louisiana Court of Appeal · Feb 2, 1995

Moreover, expert testimony established that this alteration of the chipper was not one which Wood/Chuck Chipper should have anticipated. … Because this case involves a statutorily immune employer, we are required to reapportion International's allocated fault between Mr. Hoyt and Margot, Inc. Gauthier, 618 So.2d at 831-833 .

Central Louisiana Electric Co. v. Brooks

201 So. 2d 679 · Louisiana Court of Appeal · Jul 27, 1967

The facts contained in the record clearly bear out the almost emergency need for additional transmission lines serving the Alexandria-Pineville area. … These same experts, both eminently qualified in the handling and sale of agricultural properties, testified further that the remaining 99.4 acres would suffer i severance damages to the extent of 25% of its value.

Rachal v. Peters

680 So. 2d 1280 · Louisiana Court of Appeal · Sep 25, 1996

Any "interested person" may apply to be appointed as curator, and the court "shall appoint the applicant best qualified, personally, and by training and experience, to serve as curator." C.C.P. arts. 4549, 4550. … Complaints are investigated by the Department of Health and Human Resources and, if made in good faith, render the complainant immune from civil liability that may be asserted as a result of the complaint. §§ 2009.13(E),

Glascock v. Glascock

746 So. 2d 288 · Louisiana Court of Appeal · Nov 5, 1999

On October 31, 1995, the trial court approved and signed a community property and qualified domestic relations agreement filed by both parties. … The first sentence of the comment explains article 814, which establishes a co-owner's right to rescind a partition that is lesionary.

Tutorship of Shea

619 So. 2d 1236 · Louisiana Court of Appeal · Jun 2, 1993

All custody decrees would therefore qualify as “interim orders” in the sense that the appellant uses that term, and the statute, as construed by the appellant, would be rendered meaningless. … The appellees presented evidence, which clearly established that the appellant has indeed had problems with all of his personal relationships, because of his indifference to the feelings and needs of others.

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.

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

CHURCH POINT v. Acadia Parish Police Jury

2003 La.App. 3 Cir. 890 · Louisiana Court of Appeal · Jul 15, 2003

Other statutes with both characteristics (creation of the right and stipulation of the delay for filing suit) have also been found to have established peremptive periods.10 Another characteristic of a statutorily created … The present suit is clearly an action pursuant to La.R.S. 18:1404(A)(2) and La. R.S. 18:1405(G), objecting to the calling of a special election. SAUNDERS, J. dissents, and will assign written reasons on July 16, 2003.

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.

Victus 1, Inc. v. Stocky's World Famous Pizza, Inc.

256 So. 3d 1146 · Louisiana Court of Appeal · Sep 26, 2018

A contract is formed by the consent of the parties established through offer and acceptance. La. C.C. art. 1927. … Able stated, "I have a qualified buyer willing to offer you $450k for your place. Are you interested?" Ms.

Williams v. Placid Oil Co.

16 La.App. 3 Cir. 839 · Louisiana Court of Appeal · Aug 2, 2017

I29Uncontradicted testimony at trial .established that Mr. … The deposition testimony" of Prenitiss McLeod, a Placid Oil plant supervisor con-" clusively establishes that Placid Oil had knowledge at the time Mr. | .

State of Louisiana v. Murphy Cormier General Contractors,inc.

Louisiana Court of Appeal · Jun 3, 2015

The facts of this case are clearly distinguishable from Showboat. … The Code also sets forth in La.Civ.Code art. 1927: A contract is formed by the consent of the parties established through offer and acceptance.

Denton v. Vidrine

951 So. 2d 274 · Louisiana Court of Appeal · Dec 28, 2006

DAMAGES (Assignment of Error No. 4) DOTD argues on appeal that the evidence did not establish that Mr. … In order to reverse a fact finder's determination of fact, an appellate court must find from the record that a reasonable factual basis does not exist for the finding and that the record establishes that the finding is clearly

Barriere Const. v. Tangipahoa Parish Gov't

985 So. 2d 80 · Louisiana Court of Appeal · Mar 5, 2008

Barriere avers that while the district court and the Parish are correct that public property and public funds of a political subdivision are not subject to seizure to satisfy a judgment, [2] that does not immunize such entities … However, in Fontenot, supra, the Louisiana Supreme Court has clearly held that plaintiff is entitled to conduct a judgment debtor examination under the circumstances we find here.

Hayes v. Entergy Corp.

850 So. 2d 916 · Louisiana Court of Appeal · Jun 25, 2003

The testimony of Brooks established that it was quite possible that the shear head pulled the wire down. … It is undisputed that Hayes made the unfortunate decision to unload a piece of machinery that he was not qualified to drive under an electric wire when he could have safely unloaded it in the clearing across the street.

State v. Haley

222 So. 3d 153 · Louisiana Court of Appeal · May 24, 2017

When the direct evidence is thus viewed, the facts established by the direct evidence and inferred from the circumstances established by that evidence must be sufficient for a rational trier of fact to conclude beyond a reasonable … Thomas testified to establish the chain of custody of the cellphone and laptop recovered by Ofc. Dupree from Haley’s vehicle. A copy of Sgt.