Case law

Brown v. State ex rel. Department of Transportation & Development

15 La.App. 3 Cir. 23 · Louisiana Court of Appeal · May 27, 2015

The evidence established there was an overlay project on Hwy. 923 in 1998, which expanded the width of the travel lanes, while decreasing the width of the shoulders. … At trial there was ample testimony establishing the close relationship between Weston and his parents, and the devastating impact his tragic death had upon them.

Williams v. Muses, Ltd. 1

2016 La.App. 4 Cir. 0250 · Louisiana Court of Appeal · Oct 19, 2016

A reviewing court should not intervene unless the administrative agencies’ conduct is clearly unreasonable and arbitrary. See Bourgeois v. … Hilbert, on the other hand, opined that tax credits should not be included and are not required under established appraisal guidelines.

Beaucoudray v. Walsh

2007 La.App. 4 Cir. 0818 · Louisiana Court of Appeal · Mar 12, 2009

Particularly in x-rays of the thoracic spine, his vertebrae were not clearly defined. In his cervical ■ spine, individual vertebrae were almost completely normal. … The plaintiff must first establish by a preponderance of the evidence that the doctor’s treatment fell below the ordinary standard of care expected of physicians in his medical specialty, and must then establish a *924 causal

Romero v. Caddo Parish Commission

129 So. 3d 807 · Louisiana Court of Appeal · Nov 27, 2013

to vote under the constitution and laws of this state who vote at an election held for that purpose in the manner provided by R.S. 39:501 through 39:518, in the discretion of the governing authority, to establish, acquire … R.S. 33:3822 et seq., clearly and unambiguously provides that only the lots or units abutting the proposed improvements should be included in the calculation to determine if the petition met the requisite 60% of property

Palombo v. Bacque

931 So. 2d 1226 · Louisiana Court of Appeal · May 31, 2006

Has-nain is not qualified to testify as to the standard of care for a urologist, with respect to surgical positioning and repositioning. Palombo v. … Clearly, none of these doctors related Mrs. Palombo’s complaints to her surgery in October of 1998. Furthermore, the record contains the depositions of two of the doctors on the Medical Review Panel.

Duzon v. Stallworth

866 So. 2d 837 · Louisiana Court of Appeal · Jan 29, 2003

Although the evidence of custom may be sufficient to establish negligence, to establish negligence per se there must be a specific federal statute, regulation, or regulation mandated by treaty, which establishes specific … Accordingly, they argue that apportioning 40% of fault to them is clearly wrong when Duzon and Paral's collective fault was allocated at 50%.

State v. Burns

504 So. 2d 124 · Louisiana Court of Appeal · Feb 25, 1987

Clearly, an arrest of the defendant was effected at that point. … When the criteria of Henderson are applied to the instant set of facts, the circumstances surrounding the giving of the instant statement clearly do not qualify it as an excited utterance.

Versai Management, Inc. v. Monticello Forest Products Corp.

479 So. 2d 477 · Louisiana Court of Appeal · Nov 19, 1985

The facts alleged and the evidence of record clearly support a cause of action for breach of contract. … Thornhill was qualified as an expert in bulldozing, land clearing, hauling fill dirt and excavation. He inspected the Versai property after it was cut by Monticello.

Thibodeaux v. St. Joseph Hospital

276 So. 2d 703 · Louisiana Court of Appeal · Mar 19, 1973

Hoffman's opinion, this condition was probably not due to the pin episode or surgery, *706 although he conceded he was not qualified to give an opinion on this matter. … Proof which establishes only possibility, speculation or unsupported probability does not suffice to establish a plaintiff's claim. Carles v. Hartford Accident and Indemnity Company, La.App., 184 So.2d 261 .

Hampton v. Illinois Cent. R. Co.

730 So. 2d 1091 · Louisiana Court of Appeal · Apr 1, 1999

Hoffnagle, a certified consulting meteorologist and qualified environmental professional, who is the senior vice-president and technical director of TRC Environmental Corporation. … Clearly, a tank car in a train spewing noxious gas can cause injuries to numerous persons such that a class action would be the superior procedural vehicle.

Husband v. Tenet HealthSystems Memorial Medical Center, Inc.

2008 La.App. 4 Cir. 1527 · Louisiana Court of Appeal · Aug 12, 2009

wrong based on the evidence, or clearly without evidentiary support.” … Article 591(A) provides that a civil action must first meet five prerequisites to qualify for class certification.

State, in Interest of Jkf

481 So. 2d 194 · Louisiana Court of Appeal · Dec 26, 1985

Rumage was qualified as an expert witness in psychology and testified she saw J.K.F. on March 13, 1984, and August 6, 1984. J.K.F. was given psychological and neuropsychological evaluations. … SUFFICIENCY OF EVIDENCE E.F. asserts the trial court was clearly wrong in finding the State met its burden of proof in establishing that E.F. was an unfit parent.

Gladys S. Gautreaux Versus West Jefferson Medical Center

Louisiana Court of Appeal · Apr 28, 2021

a qualified expert to testify as to the standard of care as Dr. … Grange is not qualified to 5 Dr.

Soileau v. STATE EX REL. DEPT. OF TRANSP. AND DEV.

724 So. 2d 834 · Louisiana Court of Appeal · Dec 9, 1998

Jurisprudence in this area clearly indicates that the State must maintain highways in a reasonably safe condition for persons exercising reasonable care. … Hickey, who was called by the plaintiff, was not qualified as an expert witness.

State v. Fisher

628 So. 2d 1136 · Louisiana Court of Appeal · Nov 24, 1993

Defendant admits he possessed cocaine, but denies the state established that he specifically intended to distribute the cocaine. … Thus, the exact amount of cocaine was not definitively established.

Carter v. Bd. of Sup'rs of Louisiana St. Univ.

459 So. 2d 1263 · Louisiana Court of Appeal · Nov 20, 1984

Dennis Howard, was qualified by the trial court as a safety consultant. Mr. Howard offered his opinion on the degrees of risk presented by varying differentials in height on walking surfaces. … Before an appellate court can properly disturb a quantum award, the record must clearly reveal that the trier of fact abused his discretion in making the award.

State v. Hurst

606 So. 2d 965 · Louisiana Court of Appeal · Oct 6, 1992

However, in the absence of qualifying provisions, the terms `intent' and `intentional' have reference to `general criminal intent'." … If a reviewing court finds that the trial record establishes guilt beyond a reasonable doubt, the interests of justice have been satisfied and the judgment should be affirmed. Rose v.

Bateman v. Power Rig Rental Tool Co.

453 So. 2d 998 · Louisiana Court of Appeal · Jul 2, 1984

ISSUES The issues before us are whether the trial judge was clearly wrong in his factual finding that Bateman failed to prove that he was disabled—physically or psychologically—as a result of his employment injury on June … Turner was qualified as an expert by the trial court. The primary argument by Bateman is that the trial judge erred in accepting Dr. Turner's diagnosis of malingering over those provided by Drs. Snatic and Friedberg.

Webb v. Massiha

993 So. 2d 345 · Louisiana Court of Appeal · Sep 30, 2008

Unless grounds for vacating, modifying or correcting the award are established, the award must be confirmed, and the burden of proof is on the party attacking the award. Robert S. … The jurisprudential rule implies that the arbitration judge appreciates the existence of a clearly governing legal principle but decides to ignore or pay no attention to it. Robert S.

Borruano v. City of Plaquemine

97 La.App. 1 Cir. 1926 · Louisiana Court of Appeal · Sep 25, 1998

Borruano carried her burden of proof of establishing liability on the part of the City of Plaquemine for the damages sustained as a result of her accident. … Thus, a reviewing court is directed to disturb the lower court's holding only if the trier of fact was clearly wrong or manifestly erroneous. Stobart v.