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.

Reider v. State Ex Rel. La. Bd. of Trustees

897 So. 2d 893 · Louisiana Court of Appeal · Mar 9, 2005

that the finding is clearly wrong (manifestly erroneous). .... ... … Article 702 of the Louisiana Code of Evidence states: If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified

Rapp v. City of New Orleans

750 So. 2d 1130 · Louisiana Court of Appeal · Dec 29, 1999

He testified that he is qualified to work in this capacity, but the position does not pay 90% of his pre-injury wages. Mr. … Thus, the Claimants did not adequately establish a foundation for the award of attorney fees.

Viator v. Liverpool & London SS Protection and Indem. Ass'n

701 So. 2d 487 · Louisiana Court of Appeal · Oct 8, 1997

The decision to qualify a witness as an expert is within the discretion of the trial court. A determination in this regard will not be disturbed on appeal lacking manifest error. Carpenter v. … We cannot say that the award was clearly wrong. Therefore, the award will not be overturned.

State v. Guidry

449 So. 2d 41 · Louisiana Court of Appeal · Feb 28, 1984

confessions; (2) The trial court erred when it refused to appoint a sanity commission and commenced with jury selection; (3) The trial court erred in accepting a psychiatrist as an expert when said psychiatrist was not qualified … Bloom, clearly established the defendant's competence. Although Dr. Ritter testified in opposition to Dr. Bloom, the presence of conflicting testimony does not persuade us that the court's determination was erroneous.

State v. Nguyen

11 La.App. 5 Cir. 229 · Louisiana Court of Appeal · Dec 28, 2011

In the case of sexual offenses, the victim’s testimony alone can be sufficient to establish the elements of a sexual |1fioffense, even if the State does not introduce medical, scientific, or physical evidence to prove the … error. 22 ImOur review of the record discloses no manifest error in the determination to qualify Mr.

Jannie B. Smith v. Cajun Cultures Unlimited, LLC

Louisiana Court of Appeal · Jan 10, 2024

Instead, Cajun Cultures’ contract with the CCAA only required: 1) performance of the pre-inspection of the home to see if it qualified for the weatherization program; 2) production of an itemized list of what work needed … Smith argued that her deposition and Gipson’s affidavit do not clearly establish that there is no genuine issue of material fact or that defendants are entitled to judgment as a matter of law. Due to Mrs.

Lafayette Parish School Board, Sales Tax Division v. State ex rel. Department of Revenue & Taxation

97 La.App. 3 Cir. 519 · Louisiana Court of Appeal · Oct 29, 1997

The Smith case clearly limits our inquiry to the specific language of the act. … For taxpayers that elect the alternative “cost price” and use tax determination method, Act 719 of 1990 clearly established new rights.

State v. Phillips

806 So. 2d 964 · Louisiana Court of Appeal · Jan 23, 2002

The state may establish the possession element of the offense by proving actual or constructive possession of the weapon. State v. Day, 410 So.2d 741 (La. 1982). … Both of these offenses qualify as enumerated felonies under La. R.S. 14:95.1. [4] With Brian's testimony showing how Phillips came into possession of the gun, we distinguish the case from the facts of both State v.

Kozlowicz v. State, Department of Public Safety & Corrections

2008 La.App. 1 Cir. 1806 · Louisiana Court of Appeal · Mar 27, 2009

A qualified Headquarters staff member has closely reviewed your ARP to determine the validity of your claims, to assess this particular situation, and to issue a fair response. … Because of these rules of construction, the party attacking the act must establish clearly and convincingly that the constitutional aim was to deny the legislature the power to enact the statute. Polk, supra.

Montgomery v. State Farm Fire & Casualty Co.

12 La.App. 3 Cir. 320 · Louisiana Court of Appeal · Nov 14, 2012

Where there are two permissible views of the evidence, the factfinder’s choice between them cannot be manifestly erroneous or clearly wrong.... … Mallett was not qualified “to render any scientific opinion as to causation” and that Plaintiffs had not sought to qualify him as an expert witness. It further complains that Mr.

Wright Root Beer Co. of Baton Rouge, Inc. v. Fowler Products Co.

196 So. 2d 615 · Louisiana Court of Appeal · Mar 13, 1967

The jurisprudence is well settled that one entitled to recovery must make and establish his claim to a legal certainty. … Plaintiff is clearly responsible for the sterilization of its machine prior to putting it in service of bottling drinks for human consumption.

State v. Brown

2013 La.App. 4 Cir. 0268 · Louisiana Court of Appeal · Jul 24, 2013

The district court qualified her as an expert in child abuse pediatrics. On October 19, 2010, the victims were brought to the Center for forensic evaluations. … After finding the evidence lacking, the Third Circuit turned to whether the evidence was sufficient to establish the offense of attempted cruelty to a juvenile. Concluding that Ms.

Whitten Foundation v. Granger

950 So. 2d 720 · Louisiana Court of Appeal · Nov 3, 2006

In addition, it is well established that exemptions from taxation are strictly construed against the taxpayer claiming the benefit thereof and must be clearly, unequivocally, and affirmatively established by the taxpayer. … It was clearly established from the decisions of the earlier tribunals that the portions of the office building leased for commercial purposes were leased for purposes unrelated to the non-profit organization's tax exempt

Ennis v. Sears, Roebuck & Co.

8 La.App. 5 Cir. 235 · Louisiana Court of Appeal · Feb 25, 2009

He qualified her totally temporarily dis- *903 abler! for six additional months. At eleven months post surgery, plaintiff complained of some back pain, but no more leg pain. Dr. … that the fact finder is clearly wrong or manifestly erroneous.

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.

Broussard v. Multi-Chem Grp., LLC

252 So. 3d 509 · Louisiana Court of Appeal · Jul 11, 2018

There's issues for potential immune system abnormalities. There's the issue of adverse cardiovascular health consequences in the future. … The trial court qualified Dr. Mitchell as tendered. In presenting Dr.

Williams v. Tri-State Physical Therapy Inc.

850 So. 2d 991 · Louisiana Court of Appeal · Jun 25, 2003

We find the trial court was manifestly in error and clearly wrong in sustaining the exception and thus, we reverse the *993 judgment of the trial court and remand for further proceedings. … Billy received notification from the PCF dated July 30, 1999 that Tri-State was not a qualified health care provider and Billy received notification from the PCF dated, September 8, 1999, that Barnes was not a qualified health

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

Fannin v. Louisiana Power & Light Co.

594 So. 2d 1119 · Louisiana Court of Appeal · Feb 18, 1992

Clearly, this is the situation in the case before us. … Paul McGarry, a pathologist for the Orleans Parish Coroner's office was qualified as an expert pathologist.