Case law

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.

Shelly Benoit v. City of Lake Charles

Louisiana Court of Appeal · Jul 20, 2005

His testimony establishes that the park has both soccer and baseball fields open to the public. … Considering these established facts, we conclude that La.R.S. 9:2795 is applicable to the City.

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.

Scott v. Blanton

115 So. 2d 658 · Louisiana Court of Appeal · Oct 30, 1959

La. 444 , 96 So.2d 832, 843 , wherein the Supreme Court held that Article 852 of the LSA-Civil Code and applicable jurisprudence do not exact as a condition precedent the mutual consent of the adjacent owners, saying: “Clearly … Bango, qualified as a professional forester and testified the strands of wire found in the sycamore trees could not have been placed there more than twenty-five years ago.

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.

Talbert v. STATE FARM FIRE AND CAS. IN. CO.

971 So. 2d 1206 · Louisiana Court of Appeal · Nov 14, 2007

The Talberts also presented the testimony of Richard Rushton, who was qualified as an expert in the field of automobile appraisal. Mr. … It is a well settled principle that an appellate court may not set aside a trial court's finding of fact unless it is clearly wrong.

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%.

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.

Jones v. City of Pineville

9 La.App. 3 Cir. 1227 · Louisiana Court of Appeal · Apr 7, 2010

Accordingly, we find that the district court was clearly wrong in affirming the decision of the Board. … We find this determination just, as the record clearly establishes that Jones was never properly terminated.

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.

Smith v. Ouachita Parish School Bd.

702 So. 2d 727 · Louisiana Court of Appeal · Sep 24, 1997

In that context the conclusion is not clearly wrong that Smith was promoted to a higher position when she was assigned to the position of guidance counselor in 1987. … Whether she was paid for the first extra week she worked in the 1990-1991 school year is not established one way or the other in this record.

Parker v. Parker

382 So. 2d 201 · Louisiana Court of Appeal · Feb 25, 1980

Webb, supra , will establish that in these cases where the doctrine of continuing jurisdiction was approved there had been earlier rendered a child support award. … process cannot be served for any reason; or (c) the defendant's property is under the administration of a legal representative, but the latter has died, resigned, or been removed from office and no successor thereof has qualified

Collins v. Downes

2011 La.App. 4 Cir. 1124 · Louisiana Court of Appeal · Jan 25, 2012

McKenzie and Johnson in Louisiana Civil Law Treatise on Insurance Law and Practice § 119 at 293, make the following expression: Any credit reducing the UM limits by the amount of liability insurance of the adverse driver is clearly … Collins would not qualify as an “insured” as he was neither a named insured nor a resident relative of Ms. Pleasant. Mr.

Smith v. Brumfield

2013 La.App. 4 Cir. 1171 · Louisiana Court of Appeal · Jan 15, 2014

Smith’s failure to establish that she will suffer irreparable harm in the absence of injunc-tive relief. … |isln order to determine whether the property qualifies for this shortened redemptive period, we look to those definitions incorporated into Section 25 B(2) by reference. La.

State v. Jacobs

7 La.App. 5 Cir. 887 · Louisiana Court of Appeal · May 24, 2011

In reversing the judgment of the Court of Appeals, the Supreme Court held that no decision of the United States Supreme Court clearly established the categorical rule on which the Court of Appeals relied. Id. at 1175. … She was qualified as an expert at defendant’s first murder trial. Ms. Walzer testified that the crime lab follows the rules established by the Association of Firearm and Toolmark Examiners (AFTE).

Bunge North America, Inc. v. Board of Commerce & Industry and Dept. of Economic Dev.

991 So. 2d 511 · Louisiana Court of Appeal · May 2, 2008

This court affirmed the trial court's judgment and concluded that by granting an ad valorem tax exemption to a facility that did not qualify as a manufacturing establishment, the Board had clearly exceeded its constitutional … The assessor, as chief executive officer of the district, clearly had standing to bring a declaratory judgment action seeking a declaration of the constitutionality of La.Rev.

Reynolds Industrial Contractors v. Fox

935 So. 2d 783 · Louisiana Court of Appeal · Jun 28, 2006

Without proof from the deposition that clearly demonstrates deception and without an incident that would arguably remove the cause of Fox's condition from this work-place accident, forfeiture was not established by this testimony … Majors' deposition clearly establishes Fox's ability to return to light duty sedentary employment with a minor foot restriction, initially at a part-time level for a four to six week period.

Gallaty v. Gallaty

101 So. 3d 501 · Louisiana Court of Appeal · Oct 3, 2012

An appellate court may not set aside a trial court’s findings of fact in absence of manifest error or unless they are clearly wrong. Id., Stobart v. State, Through DOTD, 617 So.2d 880 (La.1993). … Calamari was qualified by the court as an expert in residential property appraisals. He testified as to his methodology and how he had arrived at $126,500.00 as the value of the community home. Mr.

State ex rel. A.W.

2003 La.App. 4 Cir. 1180 · Louisiana Court of Appeal · Oct 22, 2003

Defatta believed that the injuries clearly resulted from someone beating the child severely for a long period of time. … Furthermore, a child has an interest in the termination of rights that prevent adoption and inhibit that child’s establishment of secure, stable, long term, continuous family relationships.