Case law

Leaman v. Continental Cas. Co.

2000 La.App. 4 Cir. 0292 · Louisiana Court of Appeal · Sep 26, 2001

of all persons causing or contributing to injury, death, or loss shall be determined, regardless of whether the person is a party to the action or a non-party, and regardless of the person's insolvency, ability to pay, immunity … Further, the assessment of 20% comparative fault to Cooper appears to be clearly indicative of the jury's belief that she failed to mitigate her damages. b.

Harper v. Great Atlantic & Pacific Tea Co.

257 So. 2d 468 · Louisiana Court of Appeal · Jan 31, 1972

He further qualified this testimony that if it would have been bagged in the front, it would have been before the store opened, which would have been approximately two hours prior to the accident. Mr. … The law as applicable to slip and fall cases is well settled in Louisiana and has been very clearly expressed by the Court in Peters v. Great Atlantic & Pacific Tea Company, Inc., 72 So.2d 562 (La.

Richards v. LaCour

515 So. 2d 813 · Louisiana Court of Appeal · Nov 4, 1987

established by his guilty plea and conviction. … Such a petition would be a statement in a judicial proceeding entitled to a qualified privilege and would not subject plaintiffs to damages for *818 malicious prosecution or defamation. Rennier v.

Lee v. La. Bd. of Trs. for State Colls.

275 So. 3d 287 · Louisiana Court of Appeal · Mar 13, 2019

DISCUSSION The Louisiana Governmental Claims Act, LSA-R.S. 13:5101 et seq. , was adopted in 1975 pursuant to an amendment to the Louisiana Constitution giving constitutional status to the proscription against sovereign immunity … The majority opinion is clearly contrary to the Louisiana Supreme Court's ruling in Fecke v.

Rudd v. Land Co.

172 So. 804 · Louisiana Court of Appeal · Mar 1, 1937

Recorder and Notary Public, in and for the said Parish, duly qualified came and appeared T. R. … On the establishment of such a case, a duty devolved upon plaintiff to attack defendant’s title with proper and sufficient evidence.

Pamela Fisher v. the Blood Center and Abc Insurance Company

Louisiana Court of Appeal · Feb 12, 2020

Fisher further alleged that she timely requested a MRP and was “notified by letter dated January 4, 2018, from the Division of Administration, that [The Blood Center] w[as] not qualified under the provisions of Louisiana … When evidence is introduce at the hearing on an exception of prescription, the district court’s findings of fact are reviewed subject to the manifest error- clearly wrong standard of review.

Laforge v. Laforge

649 So. 2d 151 · Louisiana Court of Appeal · Jan 25, 1995

CHILD SUPPORT The child support guidelines are set forth in LSA-R.S. 9:315, et seq., and are to be used in any proceeding to establish or modify child support. … Each is qualified as a co-driver of the truck owned by both. The *154 couple drives for the company of Vernon Sawyer and the checks are written in the name of Mr. LaForge only. Mrs.

MacHen v. Bivens

906 So. 2d 468 · Louisiana Court of Appeal · Feb 11, 2005

Leaving aside the issue of whether the correspondence is properly authenticated for purposes of summary judgment, it is clearly incompetent and insufficient to establish a genuine issue of material fact as to the completeness … These statutes provide that unless the context clearly indicates otherwise, the word "or" indicates the disjunctive.

State v. Bacon

578 So. 2d 175 · Louisiana Court of Appeal · Mar 28, 1991

The evidence clearly established that State Exhibit 13 was the .22 rifle Guy carried to the victim's carport door and State Exhibit 14 was the .38 pistol Ms. Thomas used to shoot Guy. … Clearly, the evidence was sufficient to prove second degree murder.

State v. Brossette

634 So. 2d 1309 · Louisiana Court of Appeal · Mar 2, 1994

Clearly, defendant failed to establish a sufficient foundation for the highlighting of specific portions of the literature to the jury. For this reason, this assignment of error lacks merit. … Clearly, Ms. Wolfe was in no danger of reprisal. This assignment of error lacks merit.

GONZALES HOME HEALTH CARE, LLC v. Felder

994 So. 2d 687 · Louisiana Court of Appeal · Sep 26, 2008

Felder's testimony clearly establishes that addressing a subordinate employee's inappropriate conduct was part of her employment. … While her testimony clearly establishes that she was not satisfied with the punishment GHHC imposed on Ms. Marshall on February 28, 2007, there is no evidence that GHHC treated Ms.

City of New Orleans v. Board of Directors of Louisiana State Museum

97 La.App. 4 Cir. 1574 · Louisiana Court of Appeal · Mar 11, 1998

Also, the court concludes that the CNO home rule charter includes the power of immunity. … Therefore, the court concluded that the CNO’s powers of initiation and immunity do not necessarily abridge the police power of the state.

Joseph v. Cannon

609 So. 2d 838 · Louisiana Court of Appeal · Oct 27, 1992

Verification may be required to establish probable cause where the source of the information seems unworthy, or where further information about a serious charge would be readily available. … White was directly controverted by testimony by Detective James Steinkampt, a 24 year veteran of the New Orleans Police Department who was offered by the City and qualified by the court as an expert in the field of armed

State v. Ross

2015 La.App. 4 Cir. 1113 · Louisiana Court of Appeal · Dec 21, 2016

At the hearing, the prosecution sought to establish that Mr. … At the hearing, the prosecution presented the testimony of Officer George Jackson, who was qualified over defense objection as an expert in fingerprint examination and comparison.

Fontenot v. Wood

140 So. 2d 34 · Louisiana Court of Appeal · Apr 9, 1962

This negligence by Wood was clearly a cause of the accident. … Under the holding of the Felt case, supra, the mere happening of the accident, under such circumstances, establishes a prima facie case of negligence on the part of Mr.

Gray v. Gray

451 So. 2d 579 · Louisiana Court of Appeal · Apr 30, 1984

A spouse need not be destitute to qualify for permanent alimony. Loyacano, supra ; Smith, supra ; Smith v. Smith, 416 So.2d 134 (La.App. 2d Cir.1982). … Although plaintiff established that Patricia Gray is presently capable of employment, he did not establish that Patricia Gray was incapable of work at the time alimony was set.

Alexander v. HENDERSON CONDOMINIUM ASS'N

99 La.App. 4 Cir. 2906 · Louisiana Court of Appeal · Dec 27, 2000

However, the above article and comment clearly state that the rules governing breach of contract actions should apply to such cases. … C.C. art. 3492, which establishes a one-year prescriptive period for delictual actions. Citing Mr.

DeSambourg v. BOARD OF COM'RS, GRAND PRAIRIE LEVEE DIST.

608 So. 2d 1100 · Louisiana Court of Appeal · Nov 13, 1992

In making a determination as to what method would be proper, this court must resort to the guidelines established by the two cases, Wemple and Boyce, supra . … Holloway and Watson, he also testified that the ordinary high water line was clearly visible by observing the physical characteristics of the area.

Beene v. Pardue

79 So. 2d 356 · Louisiana Court of Appeal · Mar 22, 1955

To constitute a boundary, it must be clearly understood to be so. … The result clearly has been to overburden the Supreme Court with appeals in matters which should properly be brought before the Courts of Appeal.

Salavarria v. National Car Rental System, Inc.

705 So. 2d 809 · Louisiana Court of Appeal · Jan 21, 1998

or provide immunity from suit are `rules of loss distribution and financial protection.' " Relator's derivative liability is a question of "loss distribution and financial protection." … Clearly Florida has no such policies or concerns, and any attempt by Florida to enact extra-territorial laws to effectuate such policies would represent an unconstitutional overreaching, and are obviously not the policies