Case law

Alphonso v. Bridge Terminal Transport

2002 La.App. 4 Cir. 2768 · Louisiana Court of Appeal · Jul 9, 2003

Where two permissible views of the evidence exist, a fact finder’s choice between them can never be manifestly erroneous or clearly wrong. Id. … Under the Code of Federal Regulations Title 49 § 391.41(b)(7), a person is physically qualified to drive a commercial motor vehicle if that person “has no established medical history or clinical diagnosis of rheumatic, arthritic

State v. Ourso

438 So. 2d 1239 · Louisiana Court of Appeal · Oct 12, 1983

Schell was qualified, based on his training and experience, as an expert in the fields for which he was tendered. … We hold that the verdict of guilty of attempted distribution of a substance falsely represented to be a C.D.S. is clearly supported by the evidence.

Shaw v. Texas & Pacific Railway Co.

170 So. 2d 874 · Louisiana Court of Appeal · Jan 11, 1965

Clearly this was a dangerous and hazardous condition which could have been remedied easily by installing a floor and walls or hand rails between the cars. … Apparently defendant’s objection is that Reuther was not qualified as an expert on “work trains”. It is not shown wherein that fact would make a difference.

Guillory v. Soloco, Inc.

570 So. 2d 139 · Louisiana Court of Appeal · Nov 7, 1990

An odd lot claimant need not be absolutely helpless to qualify for total disability. … Considering all the evidence, particularly the relative qualifications of the lay and expert witnesses, we find that plaintiff established a prima facie case under the odd lot doctrine.

State v. Smith

97 La.App. 4 Cir. 1546 · Louisiana Court of Appeal · Jun 9, 1999

It is in this regard that this case is clearly distinguishable from Miller. Mr. … Thus there was ample evidence to establish that Mr.

Raymond A. Crawford and Alice Crawford v. William Karl Ordoyne, Jr., M.D. and Lallie Kemp Regional Medical Center, through the State of Louisiana, LSU Health Care Service Division

Louisiana Court of Appeal · Mar 20, 2025

LeBlanc opined that " the imaging studies, particularly the CT scans referenced above, clearly show that all tacks used by Dr. … Bonner' s affidavit clearly states that his opinions were formulated after reviewing the medical records presented to him, which include the CT reports at issue, Dr.

McGurk v. City of Shreveport

191 So. 553 · Louisiana Court of Appeal · Jun 28, 1939

“Plaintiff does not know when, by whom, or under whose authority, nor upon whose property, the sidewalk was laid; and, further, defendant Compere and the officials of the City of Shreveport are or should be better qualified … These authorities are clearly inapplicable.

State v. Mitchell

163 So. 3d 858 · Louisiana Court of Appeal · Apr 15, 2015

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 … Our review of the trial evidence shows that these elements were clearly proven.

Burnett v. Lewis

2002 La.App. 4 Cir. 0020 · Louisiana Court of Appeal · Jul 9, 2003

that the finding is clearly wrong (manifestly erroneous). … The trial court erred in giving credence to the testimony of experts who otherwise would not have qualified under the criteria established in the principles of Daubert v.

State, in Interest of Dj

2006 La.App. 4 Cir. 1491 · Louisiana Court of Appeal · May 16, 2007

the factfinder is clearly wrong or manifestly erroneous". … In order to protect his right to confidentiality and privacy, he will be identified solely by his initials. [2] Qualified Mental Retardation Professional. [3] Dr.

State v. Barnes

597 So. 2d 1109 · Louisiana Court of Appeal · Apr 8, 1992

Honeyman, 565 So.2d 961, 966 (La.App. 2d Cir.1990): Before any witness can testify as an expert, his or her competence must be established to the satisfaction of the court. State v. … A person may qualify as an expert based on experience alone. State v. Smith, supra.

Daniel v. New Orleans Public Service, Inc.

2002 La.App. 4 Cir. 2427 · Louisiana Court of Appeal · Dec 3, 2003

Daniel, failed to establish the existence of a work related disability. … Robert Segura, who was qualified at trial as a specialist in industrial medicine. Beginning on January 30, 1986 (the day after Mr.

State v. Pearson

939 So. 2d 568 · Louisiana Court of Appeal · Sep 8, 2006

Though we find no manifest error in the trial court's conclusion that Pearson intended to be domiciled at the Parkwood Street residence, we hold that the trial court clearly erred in concluding that Pearson actually resided … CONCLUSION For the reasons set forth above, we hereby reverse the trial court's decision and hold that Ricky Don Pearson is not qualified to seek the Office of Chief of Police of the Town of Arcadia.

Babineaux v. Pernie-Bailey Drilling Co.

250 So. 2d 224 · Louisiana Court of Appeal · Mar 15, 1971

The three remaining children are not properly represented in this action since no one has qualified to represent them.” Mr. … The record clearly discloses that the exception was not filed until after the answer had been filed. Under the holding in Davis v.

State v. Miller

940 So. 2d 864 · Louisiana Court of Appeal · Sep 27, 2006

The medical evidence adduced at trial clearly demonstrated that the victim died due to non-accidental trauma to her brain. Dr. … records librarian of the hospital in question" would be the ones who could certify any records so as to qualify them for admission in evidence.

Allen v. Burrow

505 So. 2d 880 · Louisiana Court of Appeal · Apr 1, 1987

and (2) Did the trial court err in excluding the hearsay testimony of an unidentified bystander as it qualifies as a "present sense impression" and an "excited utterance?" … The disadvantaged class includes those legal heirs not within the degree of relationship established by the statute.

Bonvillian v. State Ex Rel. Department of Insurance

2008 La.App. 1 Cir. 0591 · Louisiana Court of Appeal · Dec 23, 2008

The district court abused its discretion and was clearly wrong by granting summary judgment on a declaratory judgment action when it was biased by the findings of an ALJ that were contrary to the law. 3. … Bonvillian’s Louisiana resident property and casualty producer’s license so that he may continue to operate as a bail bond agent in this state until such time as he fails to qualify under the terms of the Insurance Code.

Minor Children v. Roman Catholic Church of the Archdiocese of New Orleans

Louisiana Court of Appeal · Aug 20, 2024

The trial court erred in ordering the “harsh, drastic remedy” of preliminary injunctive relief because the Plaintiff failed to establish a clear violation of either La. … First, it is plain to us that, based on our previous discussion, the Archdiocese qualifies as a place of public accommodation by virtue of the state funding it receives. Next, La.

Ragas v. Dewey

663 So. 2d 827 · Louisiana Court of Appeal · Oct 18, 1995

Hunter, 495 So.2d 1298 (La.1986) that a periodontist was qualified to testify relative to the standards of a general dentist. … The plaintiff must first establish by a preponderance of the evidence that the doctor’s treatment fell below the ordinary standard of care expected of physicians in his medical specialty, and must then establish a causal

Williams v. City of Baton Rouge

844 So. 2d 360 · Louisiana Court of Appeal · Mar 28, 2003

Clearly, the court erred in relying on this information, which was outside the record. … However, the constitutionality of this statute was called into question as an abrogation of sovereign immunity contained in Article XII, § 10(A) of the Louisiana Constitution.