Case law

Hughes v. Muckelroy

700 So. 2d 995 · Louisiana Court of Appeal · Sep 23, 1997

You're not gon'na get the qualified person that you want unless you have — you — you give him the feeling of some type of security here, obviously. … The record clearly establishes there was no meeting of the minds regarding the length of time of the employment. However, the trial court ruled in plaintiff's favor based on its finding of a quasi contract.

Grantham v. Dawson

666 So. 2d 1241 · Louisiana Court of Appeal · Jan 24, 1996

After the twelve month period provided for in this Subsection or any court-ordered extension thereof, the medical review panel established to review the claimant's complaint shall be dissolved without the necessity of obtaining … dissolution of the medical review panel or ninety days after the expiration of any court-ordered extension as authorized by Paragraph (1) of this Subsection, the suspension of the running of prescription with respect to a qualified

Frick v. City of New Orleans, Department of Safety & Permits

629 So. 2d 1304 · Louisiana Court of Appeal · Dec 16, 1993

The immunity for governmental bodies conferred by this doctrine was properly rejected by this court as a categorical rule in Stewart . … The expert testimony of Michael Cen-tineo, Chief Building Inspector for the City, establishes that Mr. Bayard failed to adequately inspect the property.

Mark Stephen Jaskot and Diane M. Robertson Jaskot v. Lyle K. Doublet and Riverside Inspections, LLC

Louisiana Court of Appeal · Mar 4, 2020

that the fact finder is clearly wrong or manifestly erroneous.” … Tearing the camelback down to the studs and rebuilding it certainly qualifies as a “renovation” as the word is commonly used.

Murphy v. Martinez

245 So. 2d 1 · Louisiana Court of Appeal · Feb 1, 1971

In fact he said the entire area for a distance of 400 to 500 feet to the west from 200 feet east of the accident point is clearly visible. … It is a well established principle of law that a motorist is presumed to have seen what he should have seen. Mr.

Long v. Board of Commissioners for the Fifth Louisiana Levee District

466 So. 2d 44 · Louisiana Court of Appeal · Feb 27, 1985

The Longs contend that the pleadings, stipulations, and evidence adduced at trial establish that they are the sole owners of those portions of the Grandview Plantation taken by the Levee Board. … The Levee Board contends that Luther Holloway was never qualified as an expert and that his testimony was useless due to the fact that the parties stipulated that the land involved was not batture and that his field of expertise

Duvio v. Specialty Pools Co.

2015 La.App. 4 Cir. 0423 · Louisiana Court of Appeal · Jun 16, 2016

R.S. 9:2772 establishes a five-year peremptive period for actions against a contractor arising from the construction of an immovable. La. … Bernard Parish, as the official before whom the candidate had qualified, but did not sue the Secretary of State, as required by statute, within the peremptive period. Id. at p. 1, 40 So.3d at 128 .

Harvey v. STATE, DOTD

799 So. 2d 569 · Louisiana Court of Appeal · Sep 26, 2001

wrong based on the evidence, or clearly without evidentiary support. … The DOTD maintains that the evidence did not establish any violation of the MUTCD. La.

Plantation Pipe Line Co. v. Kaiser Alum. & Chem. Corp.

222 So. 2d 905 · Louisiana Court of Appeal · Apr 14, 1969

These agreements and particularly that of April 16, 1947, clearly evidences an intent contrary to Kaiser's interpretation of the exclusionary clause. … The syllabus of the Hayes case, supra, reads as follows: "It is against public policy to permit a person to stipulate for a partial immunity for the commission of a future immoral act."

Deltide Fishing & Rental Tools, Inc. v. Gardner

216 So. 2d 594 · Louisiana Court of Appeal · Dec 5, 1968

These are established in LSA-C.C. 2376 and 3319. “The reason for granting her this privilege is that our law vests the husband with full control of the community property, and the wife with none. … The evidence clearly shows that Mrs. Gardner had a valid paraphernal claim against the community in the amount of $8,000.00 which was used to remodel their home in 1960.

Landry v. State Farm Ins. Co.

529 So. 2d 417 · Louisiana Court of Appeal · Jun 21, 1988

However, before an appellate court can disturb a quantum award, the record must clearly reveal that the trier of fact abused its discretion in making the award. … To establish a "satisfactory proof of loss" of an uninsured/underinsured motorist's claim, the insured must establish that the insurer received sufficient facts which fully apprise the insurer that (1) the owner or operator

Michael Joseph Viator v. Wendell R. Miller, Indiv. as in His Capacity as Judge for the 31st Judidical District Court

Louisiana Court of Appeal · Apr 27, 2005

Clearly, any damages arising from the sexual relationship between Heather and Judge Miller are not recoverable under Louisiana law. … However, Michael has refused to submit to testing to conclusively establish the paternity of A.V.

Benjamin Hebert v. Cory J. Broussard

Louisiana Court of Appeal · Nov 10, 2004

The facts establish that the dog was at large and, considering all the surrounding circumstances, a “dangerous” or “vicious” dog as contemplated by La.R.S. 3:2773(D). … Frivolous Appeal The appellees answered the appeal, asserting that it is frivolous because it does not present a substantial legal question, as the statutory immunity granted under La.R.S. 3:2773(D) clearly applies

Jefferson v. Monumental General Ins. Co.

577 So. 2d 1184 · Louisiana Court of Appeal · Apr 3, 1991

The court noted that the amputation of plaintiff's foot "clearly was not ABOVE the ankle joint." Therefore, the question was whether the amputation was at the ankle joint. … An insurance policy is a contract between the parties and the rules established for the construction of written agreements also apply to contracts of insurance.

Price v. CORPUS ENGINEERING ASSOCIATES

515 So. 2d 589 · Louisiana Court of Appeal · Oct 14, 1987

Dennis Howard, a safety consultant called by appellants, qualified as an expert in safety management and industrial safety. … Clayton Callihan, retired professor of Chemical Engineering and now professor emeritus of Chemical Engineering at LSU, qualified as an expert in Chemical Engineering and also qualified as an expert in fires. Dr.

Maxwell v. Soileau

561 So. 2d 1378 · Louisiana Court of Appeal · May 9, 1990

Iacona, supra , we find that this verdict was clearly wrong. The evidence at trial established that when Mrs. Maxwell was admitted into the hospital she was an active, healthy woman. … The testimony at trial clearly established that Maxwell would be in need of future medical treatment and medication as well as full-time care. Dr. Charles Bettinger, an economist and statistician, testified Mrs.

Ory v. Griffin

162 So. 2d 97 · Louisiana Court of Appeal · Mar 2, 1964

Therefore, there was the testimony of one qualified witness, who may be the plaintiff as observed in Cormier v. … Flanakin clearly establishes the sale was made in plaintiff’s name for convenience only with the agreement and understanding defendant would repay plaintiff the cost thereof: * * * ”.

Lalonde v. Vallot

2014 La.App. 1 Cir. 0167 · Louisiana Court of Appeal · Dec 10, 2014

In seeking a declaration of coverage under an insurance policy, Louisiana law places the burden on the plaintiff to establish every fact essential to recovery and to establish that the claim falls within the policy coverage … Where a policy unambiguously and clearly limits coverage to claims made and reported during the policy period, such limitation of liability is not per se impermissible. See Anderson v.

Smith v. Midland Risk Ins. Co.

699 So. 2d 1192 · Louisiana Court of Appeal · Sep 24, 1997

Here, trial testimony established that the plaintiff explored the possibility of financing the purchase of a new automobile rather than repairing her damaged vehicle. … Thus, plaintiff does not qualify as an insured and Section 1220 B(5) does not apply to her claim. See Levy v. Cummings, 25,475 (La.App.2d Cir. 1/19/94), 631 So.2d 55 .

Boyd v. BBC Brown Boveri, Inc.

656 So. 2d 683 · Louisiana Court of Appeal · May 10, 1995

Zahalsky wrote a letter on May 13, 1992, stating that "[Boyd's] memory functions and abilities of his immune compartment have been damaged." On November 4, 1992, upon Dr. … This is clearly evidenced by the fact that he filed suit on March 31, 1988, setting forth the same claim against virtually the same defendants as those in the instant case.