Case law

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.

Lederer v. Famous Entertainment, Inc.

732 So. 2d 1277 · Louisiana Court of Appeal · May 12, 1999

The plaintiff presented no lay or expert testimony tending to establish that Mr. Lederer was unable to perform any occupation for which he was otherwise qualified prior to the accident. … wrong based on the evidence, or clearly without evidentiary support.

Estate of Williams v. LOUISIANA OFFICE OF RISK MGT.

93 La.App. 3 Cir. 795 · Louisiana Court of Appeal · Mar 2, 1994

Williams' death, the statute provided health benefits to qualifying dependants' [sic] for injury causing death within two years after the accident'. … Clearly, under the legislative scheme Risk Management was exposed to liability for Mr. Williams's death if it could be proven that the work-related accident was the cause of that death.

Cormier v. Pitre

182 So. 2d 340 · Louisiana Court of Appeal · Jan 18, 1966

It appearing that the Great American Bonding Company, the surety on the bonds furnished by the plaintiff and filed in the clerk’s office, is an insurance and bonding company qualified and authorized to do business in this … The requirement in LSA-R.S. 9:4812 that the lien be reinscribed within one year intervals clearly is for the purpose of preserving the privilege on the property and providing notice to third parties dealing with that property

McGowan v. Housing Authority of New Orleans

2012 La.App. 4 Cir. 1418 · Louisiana Court of Appeal · Mar 27, 2013

HANO was established to receive federal funding to develop low income housing for New Orleans area residents. It was established in conformity with the United States Housing Act of 1937, 42 U.S.C. § 1437 , etseq. … personnel with under-qualified and inexperienced personnel.

State v. Booker

839 So. 2d 455 · Louisiana Court of Appeal · Feb 14, 2003

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 … The evidence clearly established that Chantell was severely abused and neglected throughout her life. The four-year-old child was bound, beaten, and deprived of food.

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.

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.

Robinson v. Jefferson Parish Department of Public Works-Drainage

13 La.App. 5 Cir. 474 · Louisiana Court of Appeal · Dec 19, 2013

Law & Discussion The Jefferson Parish Department of Public Works-Drainage is a classified civil service system governed by a statutory system established by Title 33, Chapter 5, Part I of the Louisiana Revised Statutes. … Maness was paid a salary for a position that he was neither qualified for nor did he perform the duties of. He thereby asserted that the Parish of Jefferson committed payroll fraud and misappropriation of federal funds.

Succession of Lomonaco

465 So. 2d 781 · Louisiana Court of Appeal · Feb 11, 1985

The testimony at trial clearly shows that none of the other children participated in the care of their father during this period. … It was clearly within the trial court's authority to grant such credit.

Johnson v. Drury

763 So. 2d 103 · Louisiana Court of Appeal · Jun 2, 2000

based on agreements not firmly established in the failed financial institution's official records. … When signatures are admitted or established, production of the instrument entitles a holder to recover on it unless the defendant establishes a defense. La.R.S. 10:3-308.

Labruzzo v. Employers Ins. of Wausau

521 So. 2d 515 · Louisiana Court of Appeal · Feb 10, 1988

Under the borrowed servant theory, Chicago contends that JSIL is immune from tort liability to Labruzzo because JSIL had borrowed Labruzzo from BBI. … It expressly provides that the payment or award of compensation shall not affect the claim or right of action of the employee against third persons, nor be regarded as establishing a measure of damages for the claim.

State v. Skinner

2015 La.App. 4 Cir. 0510 · Louisiana Court of Appeal · Apr 27, 2016

He was qualified as an expert in chemical analysis and narcotics testing. His testimony was that he tested the evidence in the instant case. … In the instant case, the testimony established that the defendant "clearly expressed to the officer that he had pills to sell. Det.

State v. Breaux

767 So. 2d 904 · Louisiana Court of Appeal · Aug 29, 2000

During the habitual offender hearing, the State called Lieutenant Patricia Adams of the Jefferson Parish Sheriff's Office, who was qualified as an expert in the field of identification and comparison of fingerprints, to establish … The existence of the prior convictions was established (see Assignment Of Error Number Three). The record also clearly indicates that the Defendant was represented by counsel.

James v. State

154 So. 2d 497 · Louisiana Court of Appeal · Jun 4, 1963

The issue in these cases was not clearly drawn to serve as authority here for either view. … This is qualified, however, by Dr. Morrow's testimony: "Q. * * * With respect to this man's life expectancy, isn't that one of the reasons for all of this care you have mentioned?

Buckel v. Maison Blanche Corp.

386 So. 2d 1385 · Louisiana Court of Appeal · May 13, 1980

City Stores Co., 371 So.2d 810 (La.1979), “as clearly applicable to this case.” We did not agree and refused to grant a rehearing. … Roger Harris, who worked for Otis Elevator Company for 28 years, qualified as an expert in the maintenance of escalators.

Gentry v. Biddle

916 So. 2d 347 · Louisiana Court of Appeal · Nov 2, 2005

It is well established that the PCF cannot contest liability once a qualified healthcare provider has tendered payment of $100,000.00. La.R.S. 40:1299.44(C)(5); Graham v. … Her abdomen is clearly deformed as a result of the numerous surgeries and treatments.

Succession of Egan

543 So. 2d 940 · Louisiana Court of Appeal · Apr 12, 1989

Every case cited by the parties is clearly distinguishable in one way or another. Nevertheless, a review of some of the cited jurisprudence is appropriate. In T.L. James & Co., Inc. v. … With regard to the retirement and profit-sharing plans, the Court found them to be property belonging to the community established by the decedent and his widow.

Donaldson v. Giovengo

484 So. 2d 183 · Louisiana Court of Appeal · Feb 13, 1986

Because the trial judge did not assign any reasons for judgment, it is unknown whether he *187 found him qualified as an expert in all three areas.) … In his opinion, the stop should have been more clearly delineated, either by painting a white line across the roadway at the stopping point or by painting the word “STOP” across the road.

Licoho Enterprises, Inc. v. Succession of Champagne

270 So. 2d 139 · Louisiana Court of Appeal · Nov 10, 1972

.2d 595 (1964), the applicable law was set forth as follows : “Since the prior judgment involved herein was at the most merely voidable and not absolutely void (it was not attended with any vices of form and the court was clearly … Although courts are not immune from trickery, cases of such blatant dishonesty seldom reach this court.