Case law

State v. Tate

632 So. 2d 1213 · Louisiana Court of Appeal · Feb 23, 1994

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 … Brian Keith Watson, a chemist at North Louisiana Crime Lab, was qualified at the trial as an expert in chemical analysis of controlled dangerous substances.

State v. Cox

963 So. 2d 1080 · Louisiana Court of Appeal · Aug 22, 2007

They have all the immunities and matters of defense now available or hereafter made available to sheriffs, constables, and any police officers in any suit brought against them in consequence of acts done in the course of … |SA trial court’s denial of a motion to suppress is afforded great weight and will not be set aside unless a preponderance of the evidence clearly favors suppression. State v.

In the Matter of H. Edward Sherman .

Louisiana Court of Appeal · May 8, 2024

Defendants argued that the Plaintiff could not meet his burden at trial because he had failed to retain a qualified expert to support his medical malpractice claims.2 To support their motion, Defendants attached (1) the … Notwithstanding the above, the trial court’s judgment was not clearly contrary to the law and evidence given Plaintiff’s failure to timely oppose the motion.

American Coin Machines, Inc. v. Atiyeh

577 So. 2d 234 · Louisiana Court of Appeal · Mar 5, 1991

owners and/or electronic video bingo distributors were not licensed, and specific statutory *238 provisions governed the noncharitable organizations only insofar as their dealings with charitable organizations, which are clearly … The division, upon application and compliance with other provisions for licensure contained in this Part, shall issue a commercial lessor’s license to qualified persons. B.

Metzger v. Scott

244 So. 2d 671 · Louisiana Court of Appeal · Feb 8, 1971

App. 3rd Cir. 1968), and in an effort to establish a definitive rule of law to govern the disposition of similar cases. … The evidence in this case clearly shows that the defendant driver drove into the intersection against a red traffic light and crashed into plaintiff's vehicle.

McMasters v. Department of Police

13 La.App. 4 Cir. 0348 · Louisiana Court of Appeal · May 15, 2015

The Commission, therefore, was not clearly wrong when it concluded that Mr. McMasters arrested Ms. Boykins. Iii)3 Mr. … New Orleans Municipal Code of Ordinances Section 54-12 states clearly that “[I]n the absence of qualifying provisions, the terms ‘intent’ and ‘intentional’ have reference to general criminal intent.”

Bickham v. Inphynet, Inc.

2003 La.App. 1 Cir. 1897 · Louisiana Court of Appeal · Sep 24, 2004

However, even without considering that amendment, these allegations clearly fall within the applicable statutory definition of malpractice. … claim of negligent credentialing, in addition to the statutory definition of malpractice outlined in the majority opinion, the supreme court has utilized six additional factors to determine whether certain conduct by a qualified

Melancon v. Trahan

645 So. 2d 722 · Louisiana Court of Appeal · Oct 5, 1994

Clearly, Trahan denies resisting the officers after being informed that he was under arrest. … Interference with an officer's investigation is insufficient to establish the offense. Nix, supra, at 1356 .

Laureen Olson v. Paul M. Toce, Jr.

Louisiana Court of Appeal · Jun 7, 2017

(iii) All or a portion of a payment made by another qualified health care provider, by the insurer of another qualified health care provider, or by the employer of another qualified health care provider has been attributed … The PCF has standing to object when the integrity of the fund is jeopardized, such as when a claim clearly does not fall under the MMA. Id.

McCrary v. Park South Properties

560 So. 2d 38 · Louisiana Court of Appeal · Apr 4, 1990

It is well-settled that the decision whether a person is qualified as an expert is within the sound discretion of the trial court. … The appellate courts will not reverse absent a finding that the decision of the trial court is clearly erroneous. Experience alone is sufficient to qualify a person as an expert. Belk v.

Cunningham v. CADDO-SHREVEPORT HEALTH UNIT, ETC.

141 So. 2d 142 · Louisiana Court of Appeal · Mar 7, 1962

The Commission was clearly in error in excluding such evidence. … The evidence in question was clearly admissible. Brickman v. New Orleans Aviation Board, 236 La. 143 , 107 So.2d 422 .

Dunaway v. Lakeview Regional Medical Center

859 So. 2d 131 · Louisiana Court of Appeal · Aug 6, 2003

R.S. 23:1021, he asserts that his condition qualifies for workers' compensation benefits as an occupational disease under La. R.S. 23:1031.1, which provides, in pertinent part, as follows: A. … Where two permissible views of the evidence exist, the factfinder's choice between them cannot be manifestly erroneous or clearly wrong. Hull v.

State Farm Fire & Cas. Co. v. Torregano

769 So. 2d 754 · Louisiana Court of Appeal · Sep 26, 2000

Since the file in question is a business record and it was verified by a qualified witness, the trial court did not err in allowing it to be admitted into evidence under the business records exception to the hearsay rule. … It is well established that attorney's fees are not recoverable in a civil action in the absence of a statute or contract. [17] No such statute or contractual agreement is applicable in this case.

Roccaforte v. Nintendo of America, Inc.

802 So. 2d 764 · Louisiana Court of Appeal · Nov 14, 2001

They clearly are within the parameters that were ordered by the Court. * * * My comment was directed to your statement that you didn't have the documents because they were clearly outside of the parameters established by … Nintendo had argued that D'Souza was not medically qualified to render such an opinion and that his opinion was contrary to known medical studies relating to video games and triggered epileptic seizures.

Barbara Hypolite v. Columbia Dauterive Hospital

Louisiana Court of Appeal · Oct 3, 2007

She was diagnosed with immune thrombocytopenia, a condition signifying low blood platelet counts; platelets are essential for blood clotting. Ms. … Consequently, we cannot say that the jury’s verdict is manifestly erroneous or clearly wrong. Induction Using Cytotec and Care During Labor Ms.

Succession of McLean

651 So. 2d 920 · Louisiana Court of Appeal · Mar 1, 1995

In October 1989, Obering qualified as the trustee of the McLean Trust and thereafter appeared in the cases cited above. … Such fees, in reasonable amounts, are clearly legitimate succession debts.

Draughn Koonce v. St. Paul Fire & Marine Ins. Co.

Louisiana Court of Appeal · Aug 5, 2015

In Haab, 139 So.3d at 1182 (emphasis added), in interpreting La.R.S.29:735 and La.R.S.9:2798.1(C)(2), which provides for qualified immunity to public entities and their officials and employees except in the case of “criminal … On June 6, 2014, Appellees filed a motion for summary judgment, asserting Appellant was unable to establish an exception to the immunity statutes, La.R.S. 29:735 and La.R.S. 9:2800.17.

Lees v. Smith

363 So. 2d 974 · Louisiana Court of Appeal · Oct 16, 1978

Actions of this kind are disfavored, and a clear case must be established. Johnson v. Pearce, supra ; Sandoz v. Veazie, 106 La. 202 , 30 So. 767 (1901). … The Court, in Levy , held that although the petitioner's itemization of damages failed to clearly include an allegation of bodily injury, the insurer has the obligation to furnish a defense unless the petition unambiguously

State v. St. Charles Airline Lands, Inc.

871 So. 2d 674 · Louisiana Court of Appeal · Apr 27, 2004

Ragas was qualified in the 404 permit application process for needs assessment. Public need for the proposed activity is a fundamental element required to obtain a permit. … Charles Parish, qualified them to testify about alternative sites in the area, which is the second vital element required before a permit will be issued.

Ricks v. City of Monroe

26 So. 3d 858 · Louisiana Court of Appeal · Dec 9, 2009

It is well established that common carriers, such as buses or taxis, assume a high duty of care to their passengers. … The evidence clearly indicates that Mrs. Ricks safely departed from the city bus. Once she did so, she became a former passenger and the City only owed her a duty of ordinary care. Here, Mrs.