Case law

Carter v. Chrysler Motors Corp.

384 So. 2d 838 · Louisiana Court of Appeal · May 13, 1980

An expert’s testimony establishes that the car had been badly wrecked, with evidence of damage in many areas of the car. … We do not find the trial court’s factual findings in this case “clearly wrong,” and in the absence of such a finding we are bound not to disturb them. Arceneaux v. Domingue, 365 So.2d 1330 (La.1978).

Demars v. Natchitoches Parish School Board

98 La.App. 3 Cir. 1963 · Louisiana Court of Appeal · Jun 2, 1999

In this instance, we are concerned only with those members of the eighteen to twenty-year-old population who are qualified to be school bus operators. … Clearly, if the discrimination found in La.R.S. 17:491 were truly a means of substantially furthering an important governmental interest, no exemption would be available.

State v. Jackson

778 So. 2d 23 · Louisiana Court of Appeal · Dec 13, 2000

Such factual determinations are entitled to great weight and will not be disturbed on appeal unless clearly contrary to the evidence. Id. … The record clearly shows that defendant stood trial and was found guilty by the jury; he did not plead guilty. In State v.

Warren v. Shelter Mutual Insurance Co.

15 La.App. 3 Cir. 838 · Louisiana Court of Appeal · Jun 29, 2016

It was established by the expert testimony from Mr. … Glen Vamvoras certainly knew that there were qualified boat mechanics located just a short distance from his home as he had used two of them for general maintenance.

State v. Robinson

563 So. 2d 477 · Louisiana Court of Appeal · May 30, 1990

Barnes' testimony clearly indicates that defendant did not have the weapon concealed. … He's not trying to be an expert and I'm not trying to qualify him. He saw Jerome Grayer later—he saw the scene.

Harry B. Brown v. Marcelo Olvera, Olvera's Concrete, Inc.; Olvera's Concrete Louisiana, Inc.; State Farm Mutual Automobile Insurance Company; and Endurance American Specialty Insurance Company

Louisiana Court of Appeal · Nov 15, 2021

Plaintiff failed to produce factual support sufficient to establish the existence of a genuine … He does not qualify as an insured under the 1 Judge William J.

Lafourche Parish Water Dist. v. Carl Heck Engrs.

346 So. 2d 769 · Louisiana Court of Appeal · May 9, 1977

The law clearly provided that the Commissioners served at the pleasure of the governing authority. … It does not seem in any way extraordinary for a Board of Commissioners, not required to be qualified engineers, to sensibly employ the services of trained experts to assure that the mandate of the governing authority in creating

Humphries v. LA. DEPT. OF PUBLIC WORKS, DIV. OF TRANSP.

545 So. 2d 610 · Louisiana Court of Appeal · May 24, 1989

The record establishes that Florida was born prior to Anna Humphries' marriage to King Humphries, Jr. … Here the damages could have been determined by qualified repairmen with reasonable certainty. There was no necessity for the trial court to make an estimate of damages susceptible of reasonable determination by experts.

Warren v. Shelter Mutual Insurance Co.

15 La.App. 3 Cir. 1113 · Louisiana Court of Appeal · Jun 29, 2016

It was established by the expert testimony from Mr. … Glen Vamvoras certainly knew that there were qualified boat mechanics located just a short distance from his home as he had used two of them for general maintenance.

Juneau v. Avoyelles Parish Police Jury

482 So. 2d 1022 · Louisiana Court of Appeal · Feb 5, 1986

The defense of a qualified privilege must be specially pleaded. Trahan v. Ritterman, 368 So.2d 181 (La.App. 1st Cir. 1979). … R.S. 42:3 by interpretation or counter authority, perhaps Sherwin Juneau will be able to establish a claim for wages due from March 13, 1984 until June 13, 1984.

Bradley v. Hunter

413 So. 2d 674 · Louisiana Court of Appeal · Apr 14, 1982

It is, however, clearly distinguishable from the case at hand. In Brasseaux, the plaintiff and defendant were involved in a boundary dispute. … As a factual determination we cannot reverse the trial court's ruling absent manifest error or the decision being clearly wrong. No such error appears in this record.

O'Bannon v. Moriah Techs., Inc.

248 So. 3d 392 · Louisiana Court of Appeal · Mar 29, 2018

Exclusions must be clearly stated. See La. C.C. art. 2057 ; see also La. Maint. Servs. Inc. v. Certain Underwriters at Lloyd's of London , 616 So.2d 1250 (La. 1993). … Furthermore, as noted in our prior opinion, it is well established that where the parties stipulate the state law governing the contract, Louisiana conflict of laws principles require that the stipulation be given effect,

Spikes v. Louisiana Commerce & Trade Ass'n

13 La.App. 1 Cir. 919 · Louisiana Court of Appeal · Jul 2, 2014

Yet, he did not clearly state in his appeal to Medical Services what treatment had been provided to Ms. … R.S. 23:1203.1(B), which provides for the establishment of a Medical Treatment Schedule. .

Louisiana Local Government Environmental Facilities & Community Development Authority v. All Taxpayers

170 So. 3d 231 · Louisiana Court of Appeal · Feb 12, 2015

in 2009 and the novelty of the program to finance such qualifying improvements pursuant thereto, the LCDA instituted this proceeding to assist with the marketability of the PACE bonds. . … issuance of such bonds,” our ruling today clearly expresses no opinion as to the validity of any future actions or proceedings by the LCDA to obtain such approval of the State Bond Commission.

Hebert v. Terrebonne Parish School Bd.

879 So. 2d 222 · Louisiana Court of Appeal · May 14, 2004

DISCUSSION Standard of Review Factual findings in workers' compensation cases are subject to the manifest error or clearly wrong standard of appellate review. Banks v. … Further, where there are two permissible views of the evidence, a factfinder's choice between them can never be manifestly erroneous or clearly wrong.

Alarcon v. Aetna Cas. and Sur. Co.

538 So. 2d 696 · Louisiana Court of Appeal · Jan 18, 1989

United Gas Pipe Line Co., 517 So.2d 145, 167 (La.App. 4th Cir.1987), where the court concluded that, "... the rule seems quite beyond dispute that the existence of a contract does not confer tort immunity." … Comeaux held that the action clearly fell within the jurisdiction of the insurance commissioner and was exempt from the Unfair Trade Practices And Consumer Protection Law.

Vermilion Parish Police Jury v. Williams

2002 La.App. 3 Cir. 12 · Louisiana Court of Appeal · Jul 3, 2002

We have spoken very clearly and decisively. … Williams, who appears to be headed in a direction of permanent total disability, established on SEB which is limited to 520 weeks. While Mr.

Bell v. Mid City Printers, Inc.

54 So. 3d 1226 · Louisiana Court of Appeal · Dec 22, 2010

Bell clearly failed to comply with the pretrial order. Furthermore, assuming arguendo that the WCJ erred in denying the introduction of Dr. … To qualify for SEB, a claimant is required to prove by a preponderance of evidence that a work-related injury resulted in the inability to earn ninety percent or more of his average pre-injury wage. Id. (citing La.

JR Watkins Co. v. Stanford

52 So. 2d 325 · Louisiana Court of Appeal · Apr 30, 1951

Section 2 of said Act further provides: "The burden of proof shall rest upon such foreign corporation to establish that it has complied with the laws of this State for doing business herein * * *." … a substantial business in Louisiana and not authorized to do so, and that therefore it is not entitled to sue in the courts of Louisiana upon matters arising out of its doing business in Louisiana until it has properly qualified

State v. Calderon

16 La.App. 5 Cir. 690 · Louisiana Court of Appeal · Apr 12, 2017

Although she was romantically involved with each of these men to varying degrees at various points in time, the evidence suggests Katherine established a steady relationship with Mr. … Laura Oliver, a DNA analyst with the JPSO DNA Laboratory and a qualified expert in the field, conducted DNA analysis in this case. Ms.