Case law

State v. Parker

625 So. 2d 1364 · Louisiana Court of Appeal · Oct 15, 1993

There is no doubt that, at the hearings on the motions to quash, it was definitely established that two conditions were placed upon the immunity agreement. … Furthermore, even if the State did not prove that the defendant was the triggerman, the State did establish that he violated the first condition of the immunity agreement.

Jackson v. Parish of East Baton Rouge

185 So. 2d 589 · Louisiana Court of Appeal · Apr 4, 1966

Defendant’s exception was based upon the premise of governmental immunity. … We feel that the facts of this case clearly fit the recent decision of this Court in the case of Green v.

Vermilion Parish School Board v. ConocoPhillips Co.

11 La.App. 3 Cir. 999 · Louisiana Court of Appeal · Feb 1, 2012

Clearly, Section 16 lands are owned by the State. … The immunity from prescription provision of La.Civ.Code art. 3494(5) clearly applies to “state-owned properties.”

Prejean v. Maintenance Enterprises, Inc.

2008 La.App. 4 Cir. 0773 · Louisiana Court of Appeal · Jan 14, 2009

Clearly, the trial court was presented with countervailing affidavits which in its judgment favored the defendants’ position resulting in its ruling in the defendants’ favor. … Plaintiff failed to produce factual |5support sufficient to establish that it would be able to satisfy its evi-dentiary burden of proof at trial.

Williams v. City of Monroe

658 So. 2d 820 · Louisiana Court of Appeal · Jul 3, 1995

The appellate court must find from the record that there is no factual basis for the finding of the trial court, and must further determine that the record establishes that the trier of fact is clearly wrong or manifestly … Both plaintiffs and defendants presented expert witnesses at trial who were well-qualified in their fields.

Granger v. Christus Health Central Louisiana

11 La.App. 3 Cir. 85 · Louisiana Court of Appeal · Jul 20, 2012

Clearly, there was a legal duty on the part of Dr. … However, it did raise Louisiana state law immunity in its affirmative defenses, and we address it with our HCQIA immunity analysis. .

Luke v. Cplace Forest Park SNF, LLC

250 So. 3d 995 · Louisiana Court of Appeal · May 18, 2018

create additional employment which the employer would not otherwise have created, nor shall such employer be required to discharge any employee, transfer any employee with more seniority, or promote any employee who is not qualified … by statute or otherwise, including but not limited to immunity as provided in R.S. 23:1032, or that the other person's identity is not known or reasonably ascertainable.

Dean v. St. Mary Emergency Group, LLC

17 La.App. 3 Cir. 66 · Louisiana Court of Appeal · May 17, 2017

The board and the advisory council shall be immune from civil liability arising from inaccuracy of any of the information submitted to the board pursuant to this Part. … The term “submitted” when read in combination with La.R.S. 40:1006 clearly implies the input of the listed information into the database. *993 Further, a plain reading of the statute indicates that prescription monitoring

Bergeron v. Argonaut Great Cent. Ins. Co.

958 So. 2d 676 · Louisiana Court of Appeal · Feb 9, 2007

All establishments that sell or serve raw oysters must display signs, menu notices, table tents, or other clearly visible messages at point of sale with the following wording: "THERE MAY BE A RISK ASSOCIATED WITH CONSUMING … IF YOU SUFFER FROM CHRONIC ILLNESS OF THE LIVER, STOMACH OR BLOOD OR HAVE OTHER IMMUNE DISORDERS, YOU SHOULD EAT THESE PRODUCTS FULLY COOKED." . . .

Stavis v. Engler

202 So. 2d 672 · Louisiana Court of Appeal · Sep 15, 1967

Stavis the deposit made with his qualifying papers. Mr. … In brief the testimony clearly indicates that Mr.

Kelly v. Blount Bros.

326 So. 2d 906 · Louisiana Court of Appeal · Feb 20, 1976

employed by Augenstein Construction Company, Inc., was engaged in the “trade, business, or occupation” of Olin Corporation (see LSA-R.S. 23:1061) and was therefore, a statutory employee of Olin Corporation, making the latter immune … Not so clearly established in the record is the nature of the other project on a facility identified as the TDI Unit. Plaintiff apparently had duties in connection with both units.

Fusilier v. Northbrook Excess & Surplus Ins. Co.

471 So. 2d 761 · Louisiana Court of Appeal · May 2, 1985

IMMUNITY The School Board and its insurer contend that the district judge erred in finding LSA-R.S. 9:2791 and 9:2795 did not provide them with immunity from liability. We find Keelen v. … The record clearly establishes that Keith and his brother requested and were granted permission to cross the street to watch the Mamou football team practice.

State v. M.M.

802 So. 2d 43 · Louisiana Court of Appeal · Aug 29, 2001

immunity. … Malloy’s testimony would be clearly exculpatory and that there would be no strong governmental interests opposed to Mr. Malloy’s immunity grant.

Dennis v. Wiley

2009 La.App. 1 Cir. 0236 · Louisiana Court of Appeal · Sep 11, 2009

Therefore, the Sheriffs Office cannot rely on statutory immunity to shield itself from potential negligence liability in this situation. … Whether a duty is owed is clearly a question of law. Faucheaux v. Terrebonne Consol. Government, 615 So.2d 289, 292 (La.1993).

Ratcliff v. Town of Mandeville

551 So. 2d 761 · Louisiana Court of Appeal · Oct 11, 1989

The court's finding that neither the design of the structure nor its condition presented an unreasonable risk of harm to plaintiff is supported by the record and is not clearly wrong. … Thus, the first element of plaintiff's cause of action is clearly met. Unfortunately the resolution of plaintiff's second element cannot be so easily determined.

Van Pelt v. Morgan City Power Boat Ass'n, Inc.

489 So. 2d 1346 · Louisiana Court of Appeal · Sep 19, 1986

Therefore, the fact that the Association collected an admission does not alone establish that the race was a commercial activity. … Plaintiff answers yes, believing the immunity to be personal, as is the parents' immunity to suit by their children and one spouse's immunity to suit by the other. Danzy v.

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

15 La.App. 3 Cir. 31 · 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 *1107 and their officials and employees except in the case of … 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.

Jackson v. America's Favorite Chicken Co.

0 La.App. 4 Cir. 0681 · Louisiana Court of Appeal · Jan 31, 2001

“It is well established in Georgia that the contractual indemnities do not extend to losses caused by an indemnitee’s own negligence unless the contract expressly states that the negligence of the indemnitee is covered.” … Thus, under Louisiana law, as under Georgia law, Sand-erson is not obligated to indemnify AFC for AFC’s own negligence because the agreement fails to clearly and unequivocally express such duty.

Snearl v. Mercer

780 So. 2d 563 · Louisiana Court of Appeal · Feb 16, 2001

that the finding is clearly wrong (manifestly erroneous). … Frank clearly did not discharge his duty to maintain control of his vehicle.

Stockstill v. CF Industries, Inc.

94 La.App. 1 Cir. 2072 · Louisiana Court of Appeal · Dec 15, 1995

that the finding is clearly wrong or manifestly erroneous. … However, the testimony of Yelverton upon which C.F. relies, i.e. that Yelverton was qualified to perform nondestructive testing, was clearly admissible as to his qualifications and background, and his specific duties regarding