Case law

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

State v. Taylor

2009 La.App. 1 Cir. 2060 · Louisiana Court of Appeal · May 7, 2010

We concluded that the document neither qualified as a public record nor as a business record. … Smith, 897 So.2d 710 (La.App. 1st Cir.2004), relied upon by the majority, are clearly distinguishable.

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.

Thomas v. Sport City, Inc.

738 So. 2d 1153 · Louisiana Court of Appeal · Jun 16, 1999

The court qualified four experts in this case. … Pierce was qualified to testify about the design of the hack squat machine involved in this litigation.

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

State v. Patorno

822 So. 2d 141 · Louisiana Court of Appeal · Jun 21, 2002

The hammer clearly qualifies as a dangerous weapon. … The record clearly establishes that the defendant was a frequent drug user at the time of the offense.

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.

LOUISIANA SAFETY ASS'N v. Malone Lumber, Inc.

793 So. 2d 218 · Louisiana Court of Appeal · Jun 20, 2001

He claimed that Richard Denny, the representative who sold him the policy, had called LSAT to find out whether the chip mill operation qualified for code 4239 and that the code was used because another chip mill and saw mill … It is well settled that an appellate court may not set aside a trial court's findings of fact in the absence of manifest *222 error or unless such findings are clearly wrong.

Safeco Ins. Co. of America v. Chrysler Corp.

834 So. 2d 1026 · Louisiana Court of Appeal · Jul 31, 2002

Clearly, the factual basis for Mahl's testimony, that the fire did not originate in the van, was called into question. … of it as is true and qualify or deny the remainder. ....

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.

Doucet v. Baker Hughes Production Tools

626 So. 2d 948 · Louisiana Court of Appeal · Nov 17, 1993

Clearly, Doucet had a preexisting condition, spondylolisthesis, which was aggravated by his accident. … Gidman clearly stated that his medium duty work limitation was the result of the spondylolisthesis without regard to the aggravating injury.

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.

Honore v. Department of Public Works

2014 La.App. 4 Cir. 0986 · Louisiana Court of Appeal · Oct 29, 2015

The appellate court reviews the Commission’s findings of fact under a clearly wrong or manifest error standard of review. Cure , 07-0166, p. 2, 964 So.2d at 1094 . … We find.their testimony qualified as competent evidence and was properly admitted at the hearing.

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.

Hoffpauir v. Hoffpauir

443 So. 2d 1166 · Louisiana Court of Appeal · Dec 14, 1983

On September 11, 1978, Effie Hoffpauir qualified as Executrix of the estate of Eddy Hoffpauir. She, as executrix, filed a petition to probate the will. The plaintiffs filed suit for reduction of the bequest to Effie. … This appraisal established the value of three tracts of land which totaled IIV2 acres; included were the IV2 acres and the improvements bequeathed to Effie.

Shatoska v. International Grain Transfer, Inc.

465 So. 2d 32 · Louisiana Court of Appeal · Dec 28, 1984

(Record pp. 131-132) Clearly, the evidence establishes that because of his failing health, his lack of tolerance for physical activity, and his lack of skill for sedentary work, Shatoska can perform no services other than … As we clearly stated in Jackson v. East Baton Rouge Par. Sch.

Lovejoy v. Bergeaux

862 So. 2d 490 · Louisiana Court of Appeal · Dec 10, 2003

Lovejoy to produce factual support sufficient to establish that he will be able to satisfy his evidentiary burden of proof at trial. If Mr. … The Court went on to state: A worker who spends less than about 30 percent of his time in the service of a vessel in navigation should not qualify as a seaman under the Jones Act.

Hamilton v. Southern Plastics, Inc.

535 So. 2d 1016 · Louisiana Court of Appeal · Oct 26, 1988

When a prospective hotel job did not materialize, she collected unemployment benefits as long as she was qualified and eventually went to work at Albertson’s on a part-time basis for a considerable decrease in pay from her … After our review of the record evidence, we cannot say the trial judge was clearly wrong in finding plaintiff did not prove she suffered an accident while working for the defendant.

Brown v. Magnolia Fire & Casualty Insurance Co.

93 La.App. 1 Cir. 0341 · Louisiana Court of Appeal · Nov 10, 1994

insurance, policies of employer’s liability insurance, and policies of worker’s compensation insurance shall be accompanied by a statement of the opinion of an associate or fellow of the Casualty Actuarial Society or other qualified … The court found, and the non-actuarial evidence clearly supports, the conclusion that Magnolia’s continued business would be hazardous to its policyholders or its creditors or the public.