Case law

State of Louisiana v. Terrence Keith Wilson

Louisiana Court of Appeal · Dec 9, 2022

This Court will not disturb the ruling of the factfinder, concerning the credibility of a witness, unless it is clearly contrary to the evidence. State v. … In the absence of a qualifying provision, the terms “intent” and “intentional” reference towards general intent. La. R.S. 14:11. Thus, a reading of La. R.S.14:35.3 in pari materia with La.

Joseph Celestine v. Lafayette City-Parish Consolidated Government and Abc Insurance Company

Louisiana Court of Appeal · Nov 20, 2024

Because the undisputed evidence demonstrates reasonable efforts to maintain the safety of Cypremort Park, the State was clearly not grossly negligent, nor did the State act with intent to cause injury … But Plaintiff failed to produce factual support sufficient to establish the existence of a genuine issue of material fact.

John Doe and Jane Doe Individually and on behalf of their minor child, Johnny Doe v. ABC School, Joseph Doe and DEF School Board

Louisiana Court of Appeal · Dec 17, 2020

that the finding is clearly wrong. … Thus, two of the four Baumeister factors are established by the evidence.

Saucier v. Washington

229 So. 3d 19 · Louisiana Court of Appeal · Sep 20, 2017

Henry, 566 F.3d at 170 : •Article 971 establishes a burden-shifting analysis for weeding out frivolous claims. … Washington and wrote an article that was clearly printed in an effort [to] present a sensational story which hit on almost every hot button in today’s society.

Brumfield v. Spera

25 So. 3d 249 · Louisiana Court of Appeal · Dec 23, 2009

that the finding is clearly wrong (manifestly erroneous). … David Michael Holdsworth deprived the jury of any critical information on the issue of fault; we are unable to say the trial court abused its discretion in refusing to qualify Dr.

Pomares v. Kansas City Southern Ry. Co.

474 So. 2d 976 · Louisiana Court of Appeal · Jul 29, 1985

As such, it would not qualify under any of the policy definitions as an insured vehicle. … Further, the 1977 Chevrolet clearly was not a "temporary substitute automobile," because it was owned by Laws, the named insured.

Carradine v. Regis Corp.

10 La.App. 3 Cir. 529 · Louisiana Court of Appeal · Nov 3, 2010

The facts clearly establish that Regis did not pay either of these claims within the time limits required by La.R.S. 23:1201(A) and (E). … As previously discussed, Louisiana jurisprudence has clearly established both that permitted breaks | ¡¡nfal! within the course of employment and that defects on the employment premises meet the “increased risk” test.

In re the Successions of Freeman

322 So. 2d 254 · Louisiana Court of Appeal · Sep 18, 1975

After qualifying as administrator of these successions, Percy Robinson instituted eviction proceedings against the claimant and caused her to be removed from the premises. … The evidence establishes and the record is replete with testimony of the extent of sevices rendered by claimant.

Williamson v. ST. FRANCIS CABRINI HOSP.

763 So. 2d 50 · Louisiana Court of Appeal · May 10, 2000

Chambers testified *56 that it was possible for hot oil to create a misleveling, but qualified this by stating that he had never seen hot oil cause such a problem. … Before a res ipsa loquitur instruction is given, the plaintiff must establish that the doctrine is applicable. Cangelosi, 564 So.2d 654 .

Alonzo v. Louisiana Department of Highways

268 So. 2d 52 · Louisiana Court of Appeal · Oct 2, 1972

LSA Constitution, Article 14, Section 15 (C) provides as follows: “There is hereby created and established a State Civil Service Commission to be *54 composed of five members who are citizens and qualified voters of the State … We find that the Dauzat case is clearly distinguishable from the case at bar, as it deals only with the question of the number of appellate judges required for a majority when a court of appeal of this State is sitting en

Succession of Venture

682 So. 2d 988 · Louisiana Court of Appeal · Nov 6, 1996

If the contract is found invalid, then Emile and Winona established a community property regime at the time of their marriage. … The testimony of Emile himself is clearly self-serving.

Henderson v. Bigelow

982 So. 2d 941 · Louisiana Court of Appeal · Apr 9, 2008

There was no intent on the part of the legislatures to qualify, in any way, the right of access. [Citations omitted]. … This general right was expressly qualified, however, by the exclusionary provision authorizing exceptions "in cases established by law."

Spain v. MOSQUITO CONTROL BOARD

2008 La.App. 4 Cir. 0515 · Louisiana Court of Appeal · Nov 19, 2008

First, as in other civil matters, deference must be given to the factual findings made by the Commission, which should not be disturbed unless manifestly erroneous or clearly wrong. … Considering this law, we agree with the Commission's determination that the May 18th meeting qualifies as a pretermination hearing for which Mr. Spain was provided adequate notice under Loudermill .

Hackman v. Southern Farm Bureau Ins. Co.

629 So. 2d 531 · Louisiana Court of Appeal · Dec 15, 1993

Clearly, Farm Bureau had actual notice of a potential UM claim. We agree with the trial court, the amendment relates back to the original petition. … To establish a satisfactory proof of loss of a UM claim, the insured must establish that the insurer received sufficient facts which apprise insurer that (1) the owner/operator of the other vehicle involved in the accident

Succession of Villere

411 So. 2d 484 · Louisiana Court of Appeal · Feb 19, 1982

The Dawson case may provide some support for Webber's position but it was clearly inconsistent with accepted principles of conflicts of law. … Moreover, this record does not establish that decedent ever issued any of these notes to Webber. The record does establish that all the notes were in decedent's bank box at her death.

Bryant v. City of Alexandria

956 So. 2d 94 · Louisiana Court of Appeal · Apr 25, 2007

Bryant's Rule to Show cause filed below was clearly styled as an "appeal." The matter was submitted to the trial court on memoranda and following a hearing. It appears that no new evidence was taken. … However, it points to its rationale in increasing the wage rate of the line workers, i.e., its inability to attract qualified applicants at the existing wage rate. Mr.

In Re Tutorship of Werling

459 So. 2d 758 · Louisiana Court of Appeal · Nov 14, 1984

When Sloan attempted to establish his qualifications as a bona fide tutor, the trial court stopped him and asked how that testimony related to the no right of action exception. … Stating that "[b]lood relationship is not a requirement..., 366 So.2d at 205 ," the Second Circuit concluded that the grandson's status as an interested person had been clearly established.

Kobler v. Koch

6 So. 2d 55 · Louisiana Court of Appeal · Oct 31, 1941

The range line, running north and south, that separates said Section 6 from the land immediately west of it is clearly the western boundary of the subdivision. … Hence it must be said that visible bounds of Lot 98, as originally established, actually existed at the time of defendant's purchase in 1923.

Louisiana Nat. Bank v. LaBorde

527 So. 2d 41 · Louisiana Court of Appeal · Apr 6, 1988

However, the record established that he was an appraiser of six years experience and that he had personally inspected the property. … The mere failure to type in his name in the two blank spaces, when otherwise his identity was clearly established and the statutory guidelines for the appraisal were faithfully followed, is not a fundamental defect sufficient

State v. Montgomery

499 So. 2d 709 · Louisiana Court of Appeal · Dec 10, 1986

Defendant also knew that his co-conspirators, the persons to whom the defendant made the statements, had been granted immunity and were testifying for the State. … We do not find it necessary to comment on the prosecution evidence introduced to establish defendant's specific intent to kill.