Case law

Schouest v. Texas Crude Oil Co.

141 So. 2d 155 · Louisiana Court of Appeal · Mar 7, 1962

In the instant case, however, plaintiffs' alternative prayer for money judgment renders the petition immune from attack on the ground it fails to state a cause of action. … Although the burden of proof rested upon plaintiffs under the circumstances surrounding the case at bar, the evidence (while not specifically so showing) clearly preponderates in favor of the conclusion that whereas plaintiffs

Williams v. Ace Transportation, Inc.

9 La.App. 3 Cir. 1071 · Louisiana Court of Appeal · Mar 10, 2010

Accordingly, the findings of the OWC will not be set aside by a reviewing court unless they are found to be clearly wrong in light of the record viewed in its entirety. Alexander [v. … Landry qualified that suggestion by acknowledging that the company would use a specific driver — one that had proved to be reliable — if that driver was available.

John Benjamin, Sr. v. William Zeichner, M.D.

Louisiana Court of Appeal · Jun 27, 2012

Shamblin was licensed in both Alabama and Louisiana, and clearly qualified under La.R.S. 9:2794D(1)(d) to provide expert testimony. Thus, Dr. … Zeichner’s potential negligence in this case, came when he was clearly qualified under the statute as an expert witness. We find therefore, that to require Dr.

Thibodeaux v. St. Landry Parish Police Jury

561 So. 2d 163 · Louisiana Court of Appeal · Mar 14, 1990

Harry, District Traffic Operations Engineer with the Department of Transportation & Development, who was qualified as an expert in the fields of traffic engineering and accident reconstruction. … We cannot say that there was manifest error or that the trial court and jury were clearly wrong in concluding that Hodges was not contributorily negligent."

State v. Zeno

1 La.App. 3 Cir. 1340 · Louisiana Court of Appeal · Mar 13, 2002

Bourque, 94-291 (La.App. 3 Cir. 11/2/94) ; 649 So.2d 670 , this court set aside the defendant’s conviction because the two state eyewitnesses were clearly unreliable. … case of discrimination moot when it asked the prosecutor for his race-neutral reasons for qualifying the jurors.

Stewart v. Robinson

521 So. 2d 1241 · Louisiana Court of Appeal · Jun 2, 1988

`Insured' means any person or organization qualifying as an insured in the WHO IS INSURED section of the applicable insurance. … The trial court clearly erred in deciding to the contrary. Our conclusion in this regard renders Aetna's other assignments of error and the issue raised by plaintiff's answer to the appeal moot.

Nelson v. Williams

707 So. 2d 436 · Louisiana Court of Appeal · Apr 13, 1998

defense that appears clearly on the face of the pleading. … The right to amend is qualified by the restriction that the objections be curable. Doe v. Entergy Services, Inc, supra . Amendment is not permitted when it would constitute a vain and useless act. Doe v.

Guidry v. Toups

351 So. 2d 1280 · Louisiana Court of Appeal · Jan 11, 1978

Upon seeing this, Harris Pitre, the owner of the Stagecoach Lounge, came from behind the bar and according to his testimony told both the decedent and the defendant Toups that he wanted no fighting in his establishment and … Toups' use of a knife to maim one and kill another seems to me clearly to be excessive force. I cannot agree with the use of a psychiatrist's testimony of an absence of consciousness as being a reason for no liability.

State v. Barbre

499 So. 2d 1324 · Louisiana Court of Appeal · Dec 10, 1986

The district court concluded that defendant failed to establish that he was entitled to a court-appointed psychiatrist and, accordingly, refused defendant's request. … Upon being qualified as an expert, Trooper Cross testified that, of the persons he has observed, the quantity of marijuana that those persons would usually possess for their personal consumption would be less than an ounce

Smith v. HJ Landreneau Bldg. Contractor

426 So. 2d 1360 · Louisiana Court of Appeal · Feb 3, 1983

This is clearly not a declaration of the defect but rather a denial that the defect exists. … Moreau, who qualified as an expert appraiser, testified that the market value of a house depreciates from 10 to 75 percent due to susceptibility to flooding.

Stewart v. Rhodia Inc.

96 So. 3d 482 · Louisiana Court of Appeal · Mar 14, 2012

Paolo Zannet-ti, President of EnviroComp Consulting, Inc., was qualified as an expert in air pollution and air pollution modeling. Dr. … Mitchell did not further elaborate on or qualify “exposed to” or “impacted by.” Further, Dr.

Randolph v. General Motors Corp.

646 So. 2d 1019 · Louisiana Court of Appeal · Nov 10, 1994

Ryan Uhlich (qualified as an expert in marine surveyor diesel engine failure analysis)-$1,072.50; and (3) Mr. Gary Paulson, Ph.D. … (qualified as an expert in metallurgical science, material analysis, engineering and specific failure analysis)-$1,200.00.

Sydnes v. Harwell

94 La.App. 3 Cir. 1194 · Louisiana Court of Appeal · Mar 1, 1995

We should not set aside a trial court’s findings of fact in the absence of “manifest error” or unless the findings are “clearly wrong.” Rosell v. ESCO, 549 So.2d 840 (La.1989). … Those defects of more recent origin which might not be subject to the “grandfather” clause were clearly visible to the reasonably prudent buyer.

Knepper v. Robin

745 So. 2d 1248 · Louisiana Court of Appeal · Feb 18, 2000

"Damages for future medical costs must be established with some degree of certainty. … The degree of certainty is readily established by testimony provided at trial.

Ginger McIntosh, Indiv. v. Wayne F. McElveen, Sheriff

Louisiana Court of Appeal · Feb 2, 2005

To reverse a fact finder’s determination, the appellate court must find from the record that a reasonable factual basis does not exist for the finding of the trial court and that the record establishes that the finding … is clearly wrong.

State v. Sampson

656 So. 2d 1085 · Louisiana Court of Appeal · May 30, 1995

The testimony of Tuc Van Vo established that he was stopped and advised that he was speeding, which is a misdemeanor offense, [1] that a ticket would be written, and that he would be taken to the "office." … Therefore, the sentence as imposed, clearly shows the court's intent to sentence the defendant at hard labor notwithstanding the court's remanding the defendant to the "custody" of the "Sheriff's Office."

Lyons Milling Co. v. Cusimano

4 La. App. 131 · Louisiana Court of Appeal · Nov 16, 1925

The above testimony is clearly corroborative of that already given by the operators of the Lyons mill. R. D. … This abbreviation is considered as referring to qualifying the delivery, and it is generally considered to mean that the subject of the sale is to be loaded by the seller on the vehicle or conveyance for shipment without

Bamma Leasing v. Secretary Dept. of Rev.

646 So. 2d 917 · Louisiana Court of Appeal · Nov 16, 1994

LSA-R.S. 47:302 establishes a tripartite scheme of taxation on articles of tangible personal property sold, used, or leased in this state. … In this case, Bamma has clearly had full judicial review of its case, and its invocation of Section 1486 is clearly erroneous.

East Bank Cons. Spec. Serv. Fire v. Crossen

892 So. 2d 666 · Louisiana Court of Appeal · Dec 28, 2004

Article XII, § 3 of the Louisiana Constitution of 1974 provides that "No person shall be denied the right to observe the deliberations of public bodies and examine public documents, except in cases established by law." … Moreover, the right is not absolute; it is qualified by the rights of others. The right is also limited by society's right to be informed about legitimate subjects of public interest. Id., at 566 .

Gray v. State, Through Department of Highways

191 So. 2d 802 · Louisiana Court of Appeal · Jan 20, 1967

State, cited above, is the landmark decision of our state Supreme Court establishing the distinction between the two causes of action. … The action of the Department in moving the location clearly was for the best interests of the landowners, and not because of any ulterior motives.