Case law

Alexander v. Toyota Motor Sales, U.S.A.

2011 La.App. 1 Cir. 1259 · Louisiana Court of Appeal · Mar 6, 2013

Lakeside does qualify as a “seller” under the LPLA. … The plaintiffs clearly failed to meet this burden.

Ducote v. Boleware

2015 La.App. 4 Cir. 0764 · Louisiana Court of Appeal · Feb 17, 2016

IG *947 [rabies immune globulin] is indicated for high risk exposures only, thus not indicated and represents poor decision making on the part of the ER staff. … Ducote and her sister testified that they were registered nurses, neither was qualified to opine on the issue of the medical necessity of the anti-rabies treatments.

Ben v. Baldwin & Lyons, Inc.

241 So. 3d 411 · Louisiana Court of Appeal · Mar 7, 2018

Butaud, who was more qualified to opine on Plaintiff's condition, and who had the benefit of reviewing additional, indispensable medical records which Dr. Blanda did not consider. 5. … that the finding is clearly wrong (manifestly erroneous).

State v. Berthelot

449 So. 2d 692 · Louisiana Court of Appeal · Apr 9, 1984

That case dealt with a defendant whose personal background and offense is clearly distinguishable from the case before us. … I don’t think he qualifies there. Ten: He’s particularly likely to respond to — respond affirmatively to probationary treatment. I can’t say that he would.

State ex rel. E.K.

766 So. 2d 661 · Louisiana Court of Appeal · Aug 23, 2000

Glen Fontenot, a supervisor with the fire marshal’s office, was qualified as an expert in fire investigation origin and causes. … 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

Johnson v. First Nat. Bank of Shreveport

0 La.App. 3 Cir. 870 · Louisiana Court of Appeal · Jun 20, 2001

that the finding is clearly wrong. … (iii) A person who may be immune from suit because of immunity granted by statute. (3) If appropriate, whether there was negligence attributable to any party claiming damages, and, if so: (a) Whether such negligence was a

State v. Simard

817 So. 2d 366 · Louisiana Court of Appeal · Apr 30, 2002

The observations of an arresting officer may be sufficient to establish guilt. State v. Allen, supra . In the present case, defendant refused to submit to a field sobriety test and a breath-alcohol test. … LSA-C.E. art. 702 provides: *371 If scientific, technical or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge

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.

University of Louisiana Monroe Facilities, Inc. v. JPI Apartment Development, L.P.

151 So. 3d 126 · Louisiana Court of Appeal · Oct 8, 2014

CRI clearly consented to the motion to compel arbitration filed by ULMFI in this case. … However, the law is firmly established that once the court finds that the parties made an arbitration agreement and failed to comply with it, the issue of alleged waiver is a question for the arbitrator, not for the court

Landreneau v. Ceasar

153 So. 2d 145 · Louisiana Court of Appeal · Jun 28, 1963

Article 150 of the LSA-Civil Code clearly states that it "shall not be lawful" for him to do so. … A reading of the article compels a conclusion that it does not establish as a standard that the debts must be fraudulent.

Ferguson v. Sugar

988 So. 2d 816 · Louisiana Court of Appeal · Aug 13, 2008

that the fact finder is clearly wrong or manifestly erroneous. … R.S. 9:5628 establishes a preemptive time period. Borel, p. 7, ___ So.2d at ___.

Pham Vo, Inc. v. Colony Insurance Co.

96 La.App. 3 Cir. 1495 · Louisiana Court of Appeal · Apr 2, 1997

Pham’s own testimony, Fire Marshall Idal Guillot, who was qualified as an expert in the field of origin and causation of fires, and Detective Chris Lachney both testified that the fire was intentionally set. Mr. … Clearly, the trial court was justified in finding this was a case of arson.

State v. Dudley

984 So. 2d 11 · Louisiana Court of Appeal · Sep 19, 2007

Only approximately 370 of the claims were for vision or hearing screening, and only three of the claims were for immunizations. Westend maintained a bank account at Community First Bank. … In the instant case, defendant was not denied his right of self-representation; rather, he simply failed to clearly and unequivocally invoke his right to self-representation.

McKinley v. Scott

17 So. 3d 81 · Louisiana Court of Appeal · Jul 15, 2009

The trial court was not clearly wrong in granting the exception. La. R.S. 9:5605.1 McKinley argues that her legal malpractice action was timely filed pursuant to La. … McKinley failed to establish that La. R.S. 9:5605.1 applied so as to make her claim timely.

State v. Brown

550 So. 2d 922 · Louisiana Court of Appeal · Sep 27, 1989

Under those circumstances, the witness was obviously qualified as an expert, though not tendered as such. … The evidence in the record, when viewed in a light most favorable to the prosecution, clearly establishes that defendant could distinguish right from wrong at the time of the offense and that defendant is guilty of aggravated

State v. George

115 So. 3d 730 · Louisiana Court of Appeal · May 15, 2013

Lieutenant Owen McDonnell of the Cad-do Parish Sheriffs Office was qualified and accepted as an expert in fingerprint examination and testified on behalf of the State. … 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

Venible v. First Financial Ins. Co.

718 So. 2d 586 · Louisiana Court of Appeal · Aug 26, 1998

Clearly this paragraph does not state a cause of action under La. R.S. 22:1220(B)(1)-(4). … Thus, plaintiff does not qualify as an insured and Section 1220B(5) does not apply to her claim. Smith, 699 So.2d at 1197 .

State v. McDonald

718 So. 2d 542 · Louisiana Court of Appeal · Aug 19, 1998

Certainly a discovery motion qualifies as an "other preliminary plea" which suspends the running of prescription under La. C.Cr.P. art 580. State v. Stelly, 94-306 (La. … Instead, such a suspension clearly controlled until May 1, 1996, if not until August 26, 1996. Cf. State v. Stelly, supra.

Redmond v. City of Lafayette

594 So. 2d 566 · Louisiana Court of Appeal · Feb 12, 1992

Louisiana jurisprudence on the issue of the reasonableness of a municipal annexation is well established. … On the other hand, the reasonableness of the annexation at issue herein was clearly established in the trial court by the affidavits of Clyde M.

Wright v. Mark C. Smith & Sons Partnership

264 So. 2d 304 · Louisiana Court of Appeal · Sep 18, 1972

Tammany Parish Police Jury setting forth the minimum requirements for site improvements in order to qualify a tract of land as a legal and acceptable subdivision. … In this instance, the CNB's claim is clearly an intervention. The pleading is styled an intervention.