Case law

Alexander v. Fulco

895 So. 2d 668 · Louisiana Court of Appeal · Feb 25, 2005

Thus, plaintiffs had the burden of establishing a suspension or interruption of the prescriptive period. … Based upon our review of the record, the trial court was not clearly wrong in sustaining the exceptions of prescription.

Howard v. United Services Automobile Ass'n

2014 La.App. 1 Cir. 1429 · Louisiana Court of Appeal · Jul 22, 2015

that the finding is clearly wrong (manifestly erroneous). … Graham, as a pain management specialist, was not qualified to testify as to any need for future treatment.

State in Interest of Sylvester

525 So. 2d 604 · Louisiana Court of Appeal · May 11, 1988

In the following months, Theresa moved to Colorado to live with her mother and had allegedly established somewhat of a normal life-style. … In fact, her testimony reflected an inability to clearly think out problems pertaining to the caring of a child.

State v. Mims

524 So. 2d 526 · Louisiana Court of Appeal · Mar 30, 1988

The chain of custody was clearly established at trial. … In assignment of error sixteen, the defendant argues the trial court erred in allowing Tuten to qualify as an expert, when he had never previously qualified as such.

Schroeder v. Lacy

600 So. 2d 146 · Louisiana Court of Appeal · May 20, 1992

Clearly, Schroeder established the liability of Lacy in accordance with his personal guarantee, but failed to prove the outstanding balance owed by competent evidence. … Encompassed within the scope of this power is the right to remand a case to the trial court for the taking of competent evidence on the issue of the amount of an award when liability is clearly established at trial.

Warehouse Cafe Properties, L.L.C. v. the Ernest N. Morial Convention Center

Louisiana Court of Appeal · Sep 3, 2024

The 1 Authority responded to three out of five qualified respondents. … that the finding is clearly wrong or manifestly erroneous.”

Moorehouse v. Gallow

156 So. 2d 62 · Louisiana Court of Appeal · Jul 1, 1963

Alvin Doyle, Jr., who gave his occupation as an automobile consultant and accident analyst and who one of the plaintiffs attempted to have qualified as an expert witness, which was denied *65 by the Trial Judge. … It is the opinion of this Court that this case clearly comes within the principles set forth in Guidry v.

Shaw v. Caddo Parish School Bd.

347 So. 2d 39 · Louisiana Court of Appeal · May 23, 1977

Jefferson Parish School Board, 206 La. 317 , 19 So.2d 153, 167-8 (1943), the Supreme Court said: "There is nothing more firmly established in law than the principle that, within the limits of their authority, the power and … The School Board cannot arbitrarily or unreasonably deny a sabbatical leave to a teacher who qualifies under the statute, nor arbitrarily or unreasonably terminate a leave previously granted.

Gulf Wide Towing, Inc. v. Associated Ins. Mgrs.

563 So. 2d 432 · Louisiana Court of Appeal · May 30, 1990

The evidence presented clearly supports the trial court's finding of no agency relationship between ACU/AIM and ISL. … Plaintiff further claims that the trial court erred in relying on the testimony of Cynthia Traynor in establishing the materiality of the false answer.

Batiste v. Dunn

2010 La.App. 1 Cir. 1812 · Louisiana Court of Appeal · Jun 10, 2011

Although Louisiana’s public policy strongly favors UM coverage and a liberal construction of |sthe UM statute, it is well-settled that a person who does not qualify as a liability insured under a policy of insurance is not … Thus, the argument that someone is insured for UM coverage simply because they occupy an insured vehicle and sustained injury due to an uninsured motorist is clearly contrary to well-established law.

King v. Grand Cove Nursing Home

93 La.App. 3 Cir. 779 · Louisiana Court of Appeal · Mar 9, 1994

No qualified person of *352 the employer's properly went over the application and the questions of past medical history with the employee. … Additionally, the interpretation of the statute had not been clearly established in the appellate courts. For these same reasons, we also deny attorney's fees for this appeal.

Newsom v. Lake Charles Memorial Hosp.

6 La.App. 3 Cir. 1468 · Louisiana Court of Appeal · Apr 4, 2007

For the following reasons, we find that a reasonable factual basis does not exist to support the jury verdict and that the record establishes that the jury verdict is clearly wrong and manifestly erroneous. … that the fact finder is clearly wrong or manifestly erroneous.

Sun Drilling Products Corp. v. Rayborn

0 La.App. 4 Cir. 1884 · Louisiana Court of Appeal · Oct 3, 2001

Moreover, the trial court found that the evidence clearly establishes that an agreement was reached concerning Rayborn being "made whole" for his 1993 and 1994 tax liability, as a condition of the merger/sale, that Heller … We believe the record clearly establishes Astugue's "mixed motives." Note, Piercing the Corporate Veil: Personal Liability for a Corporate Officer for Intentional Interference with Contract: 9 to 5 Fashions, Inc., v.

Vega v. State Farm Auto. Ins. Co.

401 So. 2d 368 · Louisiana Court of Appeal · Apr 13, 1981

The trial court's award in this case was clearly within the bounds of that court's discretion. It does not strike us as being either too high or too low. It does not shock our consciences, and it will be affirmed. … Diane Vega certainly qualified as an insured under the three UM policies owned by the plaintiff.

State v. Henry

2011 La.App. 4 Cir. 1137 · Louisiana Court of Appeal · Oct 24, 2012

Henry failed to establish prejudice based on either the remoteness in time or his youth at the time of the prior offense. … The prior and instant offenses were clearly distinct. Mr. Henry concedes that the State’s case against him was very strong, including DNA evidence establishing he is the father of R.C.’s child.

Ledford v. New Orleans Saints

2008 La.App. 4 Cir. 1307 · Louisiana Court of Appeal · Apr 29, 2009

To qualify for Supplemental Earnings Benefits, a plaintiff is required to prove by a preponderance of the evidence that a work related injury resulted in the inability to earn 90% or more of the pre-injury wages. … I agree with the majority opinion that the only injury established by the record was to the claimant's "pinkie" finger.

Stuckey v. Riverstone Residential SC, LP

2008 La.App. 1 Cir. 1770 · Louisiana Court of Appeal · Aug 5, 2009

C.C. arts.2004 and 2699, as it was not clear and unambiguous, not clearly brought to Ashley Stuckey’s attention, and purports to immunize the defendants from delictual liability in advance of the occurrence of the tort; ( … At any rate, we conclude that hnParagraph 26(a) clearly and adequately expresses the parties’ intent that, as between them, the responsibility for any condition or defect involving mold or mildew in the apartment would rest

Clemmons v. Zurich General Accident & Liabil. Ins. Co.

230 So. 2d 887 · Louisiana Court of Appeal · Feb 2, 1970

Clemmons they interposed the defense of immunity from liability by virtue of his position as Sheriff for the Parish of East Baton Rouge. … Green, supra, the court specifically determined: ( 186 So.2d 712, 719 ) " Clearly, Mrs.

State v. Singleton

953 So. 2d 168 · Louisiana Court of Appeal · Mar 14, 2007

Defendant further claims that the trial court erred in requiring Defendant to give further explanation after he had clearly established race neutral reasons for the first two peremptory challenges. … Therefore, the prosecution clearly established a prima facie case of discriminatory intent. Defendant is also incorrect in contending that he did not bear the burden of proof.

Woodfin v. Paul, Rice & Levy, Inc.

52 So. 2d 307 · Louisiana Court of Appeal · Apr 30, 1951

In answer to this contention, we say that the reason assigned is qualified and explained in the next sentence of the motion, otherwise it could be said to be vague and general. … That fact is established and apparently admitted by the defendants. It is also established and apparently admitted by the defendants that he. was thereafter treated by Dr.