Case law

Dufrene v. Willingham

721 So. 2d 1026 · Louisiana Court of Appeal · Oct 28, 1998

Dart nor Colonel Andre was sufficiently qualified or knowledgeable and that their conclusions and opinions should not have been relied on by the trial judge. … Neither was qualified to even render such an opinion."

BONSTELL v. Brookshire Grocery Co.

9 La.App. 3 Cir. 154 · Louisiana Court of Appeal · Jun 3, 2009

liability for damages caused by a slip and fall accident at the defendant’s place of business, as well as the presence of comparative fault, are factual determinations that will not be disturbed absent manifest error or unless clearly … Insofar that the plaintiff may argue that the rug qualified as the “condition”, there was no evidence that it was wrinkled or folded as to create an unreasonable risk of harm.

Weeks, Kavanagh & Rendeiro v. Blake

2002 La.App. 4 Cir. 0964 · Louisiana Court of Appeal · Aug 14, 2002

After review of the instant writ application and the clearly appealable issues involved, this Court, on its own motion, converts the instant writ into an appeal and further requires that the appropriate appeal bond in filed … Moreover, the rule is long established that a judgment of dismissal without prejudice is a final judgment that may be appealed. Butler v.

James D. Madden and Lyda Roberts Madden v. Mary Elizabeth Chumley, In Her Capacity as of the Succession of Johnye Mae Madden

Louisiana Court of Appeal · Sep 25, 2019

Smith was qualified as an expert in “land, titles, title examination, opinions, and matters pertaining thereto” during the trial on the merits. … Smith’s testimony, Beth’s attorney questioned him regarding the subject matter for which he was retained and qualified to offer an expert opinion. While qualifying Mr.

Royer v. State, Department of Transportation & Development

16 La.App. 3 Cir. 534 · Louisiana Court of Appeal · Jan 11, 2017

that the finding is clearly wrong (manifestly erroneous). … Clearly, DOTD should be subject to the policy goal of deterring negligent behavior.

Cline v. St. Jude Medical Center, Inc.

619 So. 2d 712 · Louisiana Court of Appeal · May 27, 1993

Edna Doyle, a neurologist who was qualified as an expert in the field of physical medicine and rehabilitation. Dr. Doyle examined and treated Cline from January, 1989, until the time of trial. … While several doctors testified as to plaintiff's ability to handle light-duty work, the evidence supports the trial court's finding and we cannot say the trial court was clearly wrong in making that finding.

State v. Narcisse

512 So. 2d 565 · Louisiana Court of Appeal · Jun 26, 1987

Narcisse was called as a witness by the State but invoked her spousal immunity privilege under La.R.S. 15:461(2), refusing to testify against the defendant. … The appellate court held the officer’s testimony “was clearly hearsay evidence and as such, should have been excluded.” In State v.

Parish Council of Parish of East Baton Rouge v. Louisiana Highway & Heavy Branch of Associated General Contractors, Inc.

131 So. 2d 272 · Louisiana Court of Appeal · May 22, 1961

life, liberty or property, except by due process of law” and the Fourteenth Amendment to the Constitution of the United States, which provides: “no State shall make or enforce any law which shall abridge the privileges or immunities … That case, however, is clearly distinguishable *298 from the one at bar. Our decision therein was based solely on the provisions of Sect. 4 of Act. 22 of the Charter of St.

Saer v. New Orleans Regional Physician Hospital Organization

14 La.App. 5 Cir. 856 · Louisiana Court of Appeal · Mar 25, 2015

FACTS AND PROCEDURAL HISTORY Defendant/appellee, New Orleans Regional Physician Hospital Organization, Inc. d/b/a Peoples Health Network 1 (“Peo- ■ pies Health”), provides health plans to those who qualify for Medicare benefits … Clearly, Dr. Saer’s application for injunc-tive relief does not seek to preserve the status quo. At the time Dr.

Dunnington v. Magee

152 So. 2d 391 · Louisiana Court of Appeal · Mar 29, 1963

Hollister to re-survey the property and establish the corners. … He stated there were two or three sets of lines made by qualified surveyors and foresters who were not qualified surveyors. The basis of Freshwater’s knowledge of the lines was an old Hollister survey made for Gaylord.

Meyers v. Acme Homestead Ass'n

18 La. App. 697 · Louisiana Court of Appeal · Dec 14, 1931

Thus we find that the attempt by plaintiff to qualify his acceptance of the checks was ineffective, and that the respective rights of the parties remained just as they wer.e, regardless of the insertion by Meyers of the words … It seems, then, that no matter how well established and no matter how irrevocably admitted the smaller sum may be, if, growing out of the same or a clearly related transaction, there is a real dispute as to whether a larger

State v. Tuggle

504 So. 2d 1016 · Louisiana Court of Appeal · Mar 4, 1987

The above testimony clearly indicates that the defendant did not have Mrs. Doe's consent to enter the home. Although Mrs. … The defendant has the burden of establishing the defense of insanity at the time of the offense by a preponderance of the evidence. LSA-C.Cr.P. art. 652.

Harper v. Home Indemnity Company

140 So. 2d 653 · Louisiana Court of Appeal · Apr 4, 1962

To the contrary, the proof establishes no extension agreement was made. The record is completely barren of any agreement to extend the term of the contract. … In accordance with this principle, the excess payment by plaintiff for the work contracted clearly constitutes an item of damages within the contemplation of the parties at the time the contract was entered into.

Berard v. St. Martin Parish Government

13 La.App. 3 Cir. 114 · Louisiana Court of Appeal · Jun 5, 2013

The record clearly established that St. Martin Parish had a lawful “maintenance” servitude on the drainage channel in question. … Again, this finding is legally and factually incorrect as it was clearly established at trial that St.

State v. Cuccia

933 So. 2d 134 · Louisiana Court of Appeal · Mar 15, 2006

Noel Lozes, an emergency room physician at Mercy Hospital, was qualified by stipulation as an expert in emergency medicine. Dr. … Thus, clearly the justifiable homicide provision, La. R.S. 14:20, does not apply. [2] There is no merit to this assignment of error.

State v. Jackson

820 So. 2d 1147 · Louisiana Court of Appeal · May 29, 2002

FACTS: At the suppression hearing Sergeant Bruce Harrison of the Jefferson Parish Sheriff's Office was qualified as an expert in narcotics. … The trial court's decision to deny a Motion to Suppress is afforded great weight and will not be set aside unless the preponderance of the evidence clearly favors suppression. State v.

Saffel v. Bamburg

540 So. 2d 988 · Louisiana Court of Appeal · Feb 22, 1989

Bamburg, who had clearly been drinking, was operating a 1974 Chevrolet Nova owned by Rodney Messick in a northerly direction, and struck the Coleman vehicle head-on after crossing the center line. Mrs. Coleman and Mrs. … However, we are aware of no requirement that the owner of a covered vehicle must be afforded UM coverage regardless of whether or not such owner qualifies as an "insured" under the appropriate policy language.

Gutierrez v. Moezzi

957 So. 2d 842 · Louisiana Court of Appeal · Apr 11, 2007

that the finding is clearly wrong (manifestly erroneous). … Gutierrez clearly testified that when she worked at the textile store she worked for Birjand, the corporation.

Civil Serv. Com'n of No v. City of No

826 So. 2d 23 · Louisiana Court of Appeal · Nov 1, 2002

The Commission's Rules at issue herein are clearly and unequivocally within the scope of the Commission's constitutional and Chartered authority and serve to achieve the goals and objectives of the merit system of public … Hence, it is appropriate that home rule powers, functions and immunities should be construed fairly, genuinely and reasonably and any claimed exception to them should be given careful scrutiny by the courts.

Robert v. Robert

93 So. 3d 637 · Louisiana Court of Appeal · Apr 11, 2012

Although appellant did not meet her burden of proof of establishing the exact amount of community funds used to defray Mr. … From the record before us, we cannot find fault with this award, which is not clearly wrong. Mrs.