Case law

Buckbee v. United Gas Pipeline Co., Inc.

542 So. 2d 81 · Louisiana Court of Appeal · Apr 5, 1989

Applying these standards to the facts of the present case, we find that United Gas' sale of a used gas processing heater does not qualify as an ultrahazardous activity. … In the present case, the record nowhere establishes that the kerosene-like liquid which was in the heater was toxic.

Lincoln Parish School Board v. Ruston College

162 So. 2d 419 · Louisiana Court of Appeal · May 27, 1964

Art. 3478 runs against the levee district, an agency of the State, in view of the fact that the State itself is immune from the running of prescription against it. … Such acquisition would have to be through a public or governmental entity. 3 Am.Jur.2d, "Adverse Possession," § 139, p. 225, states: "* * * Clearly, title by adverse possession may be acquired by the United States, or by

Smith v. Insurance Co. of State of Pennsylvania

161 So. 2d 903 · Louisiana Court of Appeal · Mar 2, 1964

The stop sign is near the aforesaid commercial establishment situated at the northeast corner of the junction. … To hold otherwise is to completely erase from the policy the qualifying phrase "against the insured", contained in Clause II(a) quoted above.

Moran v. State ex rel. Department of Health & Hospitals

97 La.App. 3 Cir. 1464 · Louisiana Court of Appeal · Jun 3, 1998

In this case, the Court is satisfied that good cause is shown in that this is about the only way that the plaintiff can have any hope at all of being able to try to establish its theory of the case, but that, in and of itself … R.S. 46:56(H)(1) and in the absence of any jurisprudence to the contrary, we are unable to find that the trial court was clearly wrong or abused its discretion in allowing plaintiffs’ use of the juvenile records in question

Fuller v. Baggette

847 So. 2d 26 · Louisiana Court of Appeal · May 6, 2003

This court on rehearing concluded that Wade was qualified to serve as succession representative; however, his appointment was voided because the petition seeking Wade's appointment lacked an affidavit establishing the trial … R.S. 9:5621 clearly states that the action is prescribed two years from the day of the judgment homologating the final account.

Ruiz v. Oniate

697 So. 2d 1373 · Louisiana Court of Appeal · Aug 6, 1997

Compensation Fund, the court "shall consider the liability of the health care provider as admitted and established." … Where two permissible views of the evidence exist, the factfinder's choice between them cannot be manifestly erroneous or clearly wrong. Stobart v.

State v. Gene

587 So. 2d 18 · Louisiana Court of Appeal · Aug 21, 1991

The state also established through the testimony of Detective Fried, who was qualified as an expert in the packaging, use, and distribution of cocaine, that crack dealers typically carry rocks in prescription pill bottles … In light of his prior felony record and his poor response to probationary treatment, defendant's sentence is clearly not excessive.

Yolanda Taylor, Catina Smith, Cynthia Smith, and Vernaon Taylor, Individually and On Behalf of Delores Jean Bogan (D) v. Nexion Health at Pierremont, Inc., D/B/A Pierremont Healthcare Center – Shreveport, University

Louisiana Court of Appeal · Dec 14, 2022

As noted in the judgment, Pierremont, as a qualified healthcare provider, is not liable for an amount in excess of $100,000 plus interest and costs, pursuant to La. … that the factfinder is clearly wrong or manifestly erroneous.

Hines v. Remington Arms Co., Inc.

630 So. 2d 809 · Louisiana Court of Appeal · Jan 25, 1994

When the law was applied to the objective evidence, it clearly established that the Sinclair rifle was unreasonably dangerous per se. This court is not substituting its own findings for those of the jury. … The evidence established that it was a Hodgdon powder canister into which Mr. Hines accidentally fired.

Spears v. American Legion Hosp.

780 So. 2d 493 · Louisiana Court of Appeal · Jan 31, 2001

Simply, if the petition alleges sufficient facts to establish a case cognizable in law, an exception of no cause of action must fail. Rebman v. Reed, 286 So.2d 341 (La. 1973). … Plaintiffs' petition clearly states that Mr. Spears' contract was entered into with and terminated by the Board of Directors of American Legion Hospital.

Iseah v. EA Conway Memorial Hosp.

591 So. 2d 767 · Louisiana Court of Appeal · Dec 4, 1991

Iseah on January 28, 1986, a day on which it was clearly established that Mr. Iseah was at E.A. Conway. After significant questioning of Dr. Clay regarding the medical bill and whether Mr. Iseah may have been at E.A. … Finnerty, Jr. are both board certified in internal medicine and board qualified in cardiology. Dr. Senecoff has not been an emergency room physician for the past 28 years, and Dr.

State v. Gaddis

839 So. 2d 1258 · Louisiana Court of Appeal · Mar 14, 2003

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 … Clearly, the victim's possession of drugs after the incident was near in place and time to the event.

Magee v. Abek, Inc.

934 So. 2d 800 · Louisiana Court of Appeal · Apr 28, 2006

Where two permissible views of the evidence exist, the fact finder's choice between them cannot be manifestly erroneous or clearly wrong. Stobart, 617 So.2d at 883 . … There is no dispute that Magee used the surname Grass years before her marriage and claimed to be married to George Grass in order to qualify for spousal benefits on his employer's health insurance policy covering employees

State v. Gordon

2013 La.App. 4 Cir. 0495 · Louisiana Court of Appeal · Jul 16, 2014

Montgomery, was qualified by stipulation as an expert in the field of molecular biology and DNA analysis. Ms. … The facts established by documents in the record are that in July 1971, the defendant, then age sixteen, and two others were indicted for aggravated rape.

Slocum-Stevens Ins. Agency, Inc. v. International Risk Consultants, Inc.

666 So. 2d 352 · Louisiana Court of Appeal · Dec 11, 1995

Les Chander Vice-President Southern Markets CONTRACT STATE OF NORTH CAROLINA COUNTY OF WAKE BE IT KNOWN, on the dates hereinafter shown, before the undersigned Notaries Public, all qualified in and for their respective locales … As indicated earlier, the record at hand fails to establish that there are no genuine issues of material fact in this matter.

Kavanagh v. Hebron

266 So. 3d 338 · Louisiana Court of Appeal · Jan 24, 2019

STANDARDS OF REVIEW An appellate court may not set aside a trial court's findings of fact in the absence of manifest error or unless it is clearly wrong. Stobart v. … date of La.Const. art. 1, § 10.1, on December 12, 2018, and slightly over one year from the date in January 2019 that Hebron would be required to assume and hold the office of mayor, well under the five-year limitation established

Brown v. Louisiana Dept. of Highways

373 So. 2d 605 · Louisiana Court of Appeal · Jul 5, 1979

Lacy Glascock, a Bituminous Research Engineer with the Department who was qualified as an expert in traffic engineering, said that a one and one-half inch difference in elevation between the surface and shoulder of the highway … We cannot say that the judge was clearly wrong in this respect under the evidence presented. Since the Department has not pleaded any affirmative defense, it is liable to all of the plaintiffs in these cases.

Doucette v. Barthelemy

598 So. 2d 600 · Louisiana Court of Appeal · Apr 14, 1992

Clearly, any claims plaintiffs may have against the defendants based on 42 U.S.C. Section 1981 have prescribed. … R.S. 38:2241(0) expressly provides that “[sjureties and contractors executing payment bonds for public works contracts under this Part shall be immune from liability for payment of any claims *603 not required by this Part

Darcy Driver, Deann Driver and Danielle Driver-Roussel, Individually and On Behalf of Their Parents, Albert Driver, Jr. and Kathie Driver v. Willis Knighton Pierremont Health Center

Louisiana Court of Appeal · Jul 23, 2025

that the fact finder is clearly wrong or manifestly erroneous. … We find that the jury’s verdict is clearly wrong, manifestly erroneous, and must be reversed. The record reflects testimony that established the standard of care owed by the defendants to Mr. Driver.

Grieff v. Parish of Jefferson

98 La.App. 5 Cir. 1262 · Louisiana Court of Appeal · Dec 13, 2000

Additionally, the sheriff complains that the trial judge seriously erred when she relied on the testimony of a social worker, who was not qualified and not able to make a medical diagnosis, in preference to a duly qualified … The record clearly supports the observations of the trial judge that plaintiffs future earnings will be affected by his physical and psychological condition.