Case law

Provost v. USA Truck, Inc.

901 So. 2d 1220 · Louisiana Court of Appeal · May 4, 2005

The testimony established he broke down somewhere between 12:30 a.m. and 1:00 a.m. … In determining percentage of fault, the supreme court has established guidelines for the trier of fact. In Watson v.

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.

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.

Foster v. St. Paul Fire and Marine Insurance Co.

212 So. 2d 729 · Louisiana Court of Appeal · Jul 15, 1968

Thibodeaux who qualified as a specialist in dermatology submitted the following testimony. He examined Mrs. … Bone and Joint Clinic, 249 La. 851 , 192 So.2d 100 (1966) the burden of proof in malpractice suits is clearly settled in Louisiana.

DeGruy v. Pala, Inc.

525 So. 2d 1124 · Louisiana Court of Appeal · Apr 19, 1988

An odd lot claimant need not be absolutely helpless to qualify for total disability. … DeGruy's educational background and mental ability would not qualify as an odd lot worker.

Williams v. JB Levert Land Company

162 So. 2d 53 · Louisiana Court of Appeal · Apr 17, 1964

Section 85, Pages 742-743, from which we approvingly quote as follows: "It is generally true that one's right to maintain for a lawful purpose a dangerous appliance or instrumentality on his own premises is not limited or qualified … In addition, it is uncontroverted that there was present in the wagon at least one can of the chemical powder clearly displaying the warning "Inflammable."

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.

Warren v. Shelter Mutual Insurance Co.

15 La.App. 3 Cir. 354 · Louisiana Court of Appeal · Jun 29, 2016

It was established by the expert testimony from Mr. … Glen Vamvoras certainly knew that there were qualified boat mechanics located just a short distance-from his home as he had used two of them for general maintenance.

Holmes v. Lea

250 So. 3d 1004 · Louisiana Court of Appeal · May 18, 2018

Thus, the record does not establish that Lea breached any general duty owed under the circumstances. And while the record does establish that Lea violated La. … R.S. 3:2771, by letting his dog run free so as to eventually wander upon Holmes's doorstep, the harm suffered in this case-that the person who found the dog would be charged with theft of the animal-is clearly beyond the

Louisiana Board of Ethics In re Great Southern Dredging, Inc.

2015 La.App. 1 Cir. 0870 · Louisiana Court of Appeal · May 27, 2016

Great Southern has not alleged that it was offered any type of immunity in return for its participation in the Griffin Towing investigation, and Great Southern did not seek to exclude the evidence that it complains was obtained … Moreover, we note that the violation was clearly established by other evidence and that Great Southern suffered no prejudice as a result of this alleged error, MOTION FOR SUMMARY JUDGMENT During the EAB proceedings, Great

Clark v. Louisiana State Racing Commission

2012 La.App. 4 Cir. 1049 · Louisiana Court of Appeal · Dec 12, 2012

statutory provisions; (2) In excess of the statutory authority of the agency; (3) Made upon unlawful procedure; (4) Affected by other error of law; (5) Arbitrary or capricious or characterized by abuse of discretion or clearly … Dugas, was not properly qualified as an expert in any field; that since Mr. Dugas was not qualified, Mr. Dugas should not have been allowed to testify; and that he was not allowed to cross examine Mr. Dugas.

Falgoust v. Richardson Industries, Inc.

552 So. 2d 1348 · Louisiana Court of Appeal · Nov 15, 1989

The view of this sign was unobstructed, and it was clearly visible to anyone sitting or standing on the deck. … Plaintiff argues first that this witness was not qualified to testify as an expert on pool safety, and second, even if he were so qualified, he should not have been permitted to give opinions on the design and effectiveness

Tyler v. Marquette Casualty Company

79 So. 2d 376 · Louisiana Court of Appeal · Mar 22, 1955

Both of these witnesses, despite their ages, expressed themselves clearly in answer to questions of counsel on both sides. … She testified that Anderson stayed on his side of the road at all times but she qualified that statement on cross-examination with the following testimony: "Q. Now, after Mr.

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.

Couto v. Oms

319 So. 2d 518 · Louisiana Court of Appeal · Nov 21, 1975

We believe that the constant referral to non-established "facts" did critical damage. It compromised the expert testimony and it caused the jury to consider the "facts" as established even though they clearly were not. … And, as such testimony becomes more compelling in its effect, the more clearly this obligation exists.

Brody v. Louisiana State Racing Commission

470 So. 2d 894 · Louisiana Court of Appeal · Apr 26, 1985

Horses shipping in from other states, that intend to race in Louisiana, in order to qualify under this rule as known bleeders, must have filed in its behalf a statement to this effect from either the state veterinarian or … Clearly these facts present a violation of the Rules of Racing, Rule 11-6:54.1 and the Commission correctly so concluded.

State v. Wells

14 La.App. 4 Cir. 0612 · Louisiana Court of Appeal · Sep 14, 2016

He was a convicted felon, and the record did not definitively establish that he had either a valid first-offender pardon or a governor’s pardon. Therefore, he was not qualified to serve as a juror under La. … C.Cr.P. art. 921 in order to establish reversible error.

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.

State v. Chandler

939 So. 2d 574 · Louisiana Court of Appeal · Sep 8, 2006

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 … Again, for an analogy, it is clearly understood that in the deadly weapon setting addressed by Subsection A(3), the rapist with a gun need not use it to harm the victim but only to threaten her.

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.