Case law

Snell v. Intercoastal Airways, Inc.

139 So. 2d 70 · Louisiana Court of Appeal · Mar 12, 1962

picture concerning plaintiff's experiences as a pilot and, particularly by means of his deposition, to clearly establish what happened at the time of the occurrence of the accident. … They further contend that the record now clearly establishes that the accident forming the basis of this law suit was brought about by the negligence of plaintiff and, if his negligence was not solely the cause thereof, the

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

Jimmy Washington and Daphne Washington v. American National General Insurance Company, Collins Natural Horsemanship, LLC, David Glenn Collins, and Anna George

Louisiana Court of Appeal · Jun 24, 2026

Finally, the defendants contended that they were immune from liability under the statute. … must be strictly construed against the party claiming the immunity or advantage.

Fleniken v. Entergy Corp.

780 So. 2d 1175 · Louisiana Court of Appeal · Feb 16, 2001

In order to establish the liability of Entergy, the parties had to prove the following: (1) that Entergy owed a duty to Mr. … Waiver of Tort Immunity: On appeal, Mr. Fleniken argues Safeway waived its right to claim tort immunity. [16] The issue of waiver is important, for if Safeway is not immune, Mr.

Lakeview Regional Medical Center v. Washington Parish School Board

2013 La.App. 1 Cir. 1934 · Louisiana Court of Appeal · Jul 17, 2014

that the finding is not clearly wrong (manifestly erroneous). … Lakeview had the burden at the trial before the OWCA to prove outlier status, so as to qualify for payments in excess of the surgical per diem. See Winn-Dixie v. HCA, 68 So.3d at 1190 .

O'BRIEN v. Rizvi

877 So. 2d 150 · Louisiana Court of Appeal · Jun 9, 2004

The burden is on a defendant to prove prematurity and initial immunity from suit as a qualified health care provider under the Medical Malpractice Act. Dunn, 96-1765 at p. 6, 701 So.2d at 699 . … Subsection E of this section provides, in part, that: (1) Financial responsibility of a health care provider under this Section may be established only by filing with the board proof that the health care provider is insured

Steinhardt v. Batt

753 So. 2d 928 · Louisiana Court of Appeal · Feb 11, 2000

ESTABLISHMENT OF DOMICILE The trial judge's conclusion that Mr. Batt established a domicile in Orleans Parish on March 31, 1998, is clearly a factual finding subject to the manifest error standard of appellate review. … The evidence clearly supports that finding.

Picard v. Zeit Exploration Co., Inc.

92 La.App. 1 Cir. 2242 · Louisiana Court of Appeal · Mar 11, 1994

Sun Oil Co., 218 La. 453 , 49 So.2d 852 (1950), established a test, known as the "integral relation" test, for determining whether the work performed by an employee was part of the principal's trade, business or occupation … The 1989 amendment clearly rejected those factors.

Stewart v. Boh Bros. Construction Co.

13 La.App. 5 Cir. 193 · Louisiana Court of Appeal · Oct 9, 2013

Testimony from plaintiff and his supervisors clearly established that due to the large area of the runway worksite, the employees regularly rode in pickup trucks to get from one section of the runway to another in order to … The testimony clearly indicates otherwise.

Smith v. Southern Farm Bureau Casualty Ins. Co.

164 So. 2d 647 · Louisiana Court of Appeal · May 29, 1964

As pointed out by the majority, LSA-R.S. 9:291 (formerly Article 105 of the Code of Practice) creates an incapacity on the part of the wife to sue her husband for damages, or it establishes an immunity on the part of the … Although Fontenot is immune to suit by his wife, that immunity is personal as between those parties alone.

Oliver v. Magnolia Clinic

9 La.App. 3 Cir. 439 · Louisiana Court of Appeal · Nov 17, 2010

Although it is true nurse practitioners must be registered nurses, the statutes clearly indicate their job responsibilities are significantly different. … This burden, as was *893 clearly set forth in Sibley , rests with the State.

Wood v. Collins

98 La.App. 5 Cir. 440 · Louisiana Court of Appeal · Dec 16, 1998

It clearly should have noticed the deficiency on the property and premises ... and enforced the sidewalk ordinances such that pedestrians were not forced to. walk upon the right of way of public streets.” … Once a movant produces evidence indicating that no genuine issues of fact exist, the party opposing the motion for summary judgment is required to furnish factual support sufficient to establish that he will be able to satisfy

George v. Breaux

486 So. 2d 1159 · Louisiana Court of Appeal · Apr 9, 1986

These requirements were clearly met. With chutzpah, appellant asserts that the trial court improperly granted Ms. … In turn, appellant refers us to La.C.Cr.P. art. 439.1, the law regarding a grant of immunity in criminal cases. Whether the trial court followed the proper immunity statute is irrelevant.

Russo v. Bratton

657 So. 2d 777 · Louisiana Court of Appeal · Jun 29, 1995

Is that because cryptococcal cells typically attack persons with reduced immune response? A. Yes.... Q. … A view of the record as a whole shows that such findings would be neither unreasonable, clearly wrong, mutually exclusive, nor inconsistent.

Castay v. ADM Growmark River Systems, Inc.

0 La.App. 5 Cir. 1489 · Louisiana Court of Appeal · Mar 14, 2001

Clearly, with an injury of this magnitude, and with the constant pain *56 that Mr. Castay endures, his relationship with his wife is affected. … Future medical expenses must be established with some degree of certainty and must be supported with medical testimony and estimation of probable costs. Id. Dr.

McNamara v. Arkansas-Louisiana Gas Co.

441 So. 2d 446 · Louisiana Court of Appeal · Nov 29, 1983

Each of the subsidiaries is qualified to do and is doing business in this state. … As it constitutes an exceptional privilege, an exemption must be clearly, unequivocally and affirmatively established. Meyers v. Flournoy, 209 La. 812 , 25 So.2d 601 (1946); Mattingly v.

Llopis v. La. State Bd. of Dentistry

255 So. 3d 627 · Louisiana Court of Appeal · Aug 29, 2018

The grounds asserted in the motion were that "the judgment rendered is clearly contrary to the law" and that "good ground" under La. C.C.P. Art. 1973 existed due to the fact that Dr. … Based on the facts of this case, both immunity defenses offer equivalent qualifiers to their application: La.

Schexnayder v. Exxon Pipeline Co.

1 La.App. 5 Cir. 1236 · Louisiana Court of Appeal · Mar 13, 2002

The trial court has great discretion whether to qualify an expert witness and has wide latitude whether an expert has the competence, background and experience to qualify. [1] The exercise of that discretion will not be disturbed … Apparently the court also did not find that the plaintiffs testimony established that real damage had occurred in this case.

Sherome Hankton v. the State of Louisiana, Medical Center of Louisiana at New Orleans (University Hospital), Through the Board of Supervisors at Louisiana State University and Dr. John Doe

Louisiana Court of Appeal · Mar 4, 2020

“It is well settled that a trial court’s findings of fact will not be disturbed unless the record establishes that a factual, reasonable basis does not exist and the finding is clearly wrong or manifestly erroneous.” … the finding is clearly wrong.’”

Cooper v. Louisiana Organ Procurement

146 So. 3d 908 · Louisiana Court of Appeal · Aug 6, 2014

The standard of good faith is objective; it affords immunity to qualified individuals and entities who demonstrate that they acted with an honest belief, without malice and without a design to defraud or to seek an unconscionable … The OMV donor registry clearly stated that White consented to be an organ donor, and any of Cooper’s concerns regarding White being “cut on” did not vitiate White’s prior consent.