Case law

Specialized Com. Lending v. Murphy-Blossman

978 So. 2d 927 · Louisiana Court of Appeal · Nov 2, 2007

He was qualified by the Court as an expert in construction draw inspection and verification services. After educating himself with facts through deposition testimony, Mr. … Thus, the standard of care to which the defendant Murphy-Blossman, must conform should first be established.

Muse v. Lane Memorial Hosp. Foundation

916 So. 2d 231 · Louisiana Court of Appeal · May 13, 2005

Unlike the plaintiff's claim in Hutchinson , the *236 Muses' claims clearly arise from the injury to Mr. Muse who, indeed, was a patient of Lane Memorial Hospital. … Thus, from the alleged facts and those established for purposes of summary judgment, the only possible damages sustained by the Muses resulted from a delay in an administration of a bone scan.

O'Neal v. Newcomb

209 So. 3d 1039 · Louisiana Court of Appeal · Dec 21, 2016

So now, this lay witness certainly is less qualified to come in and testify that the road that’s shown on that map is not the same as Highway 28. … Couvil-lion’s survey, and any new plat required to depict the newly established boundary.

Ortego v. Roy Motors, Inc.

690 So. 2d 780 · Louisiana Court of Appeal · Nov 27, 1996

Cyr’s part was clearly wrong because no reasonable factual basis for this determination existed. As the majority points out, the wrecker qualifies as an authorized emergency vehicle under La.R.S. 32:24. Mott v. … If the jury concluded otherwise, such a conclusion was clearly wrong.

Swan v. New Orleans Terminal Co.

745 So. 2d 52 · Louisiana Court of Appeal · May 21, 1999

Thus, the statutory immunity shield which is normally given to employers in cases where employees were injured doing work-related duties are irrelevant here. … Where two reasonable views of the evidence exist, the factfinder's choice between them cannot be manifestly *58 erroneous or clearly wrong. Id. (Emphasis theirs).

State v. Blanche

91 So. 3d 1189 · Louisiana Court of Appeal · Apr 11, 2012

The matter came on for trial before a six-person jury on June 29, 2010, where the following facts were established. … 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

Advantage Personnel & Louisiana Safety Ass'n of Timbermen v. Cleave

2013 La.App. 1 Cir. 1618 · Louisiana Court of Appeal · May 2, 2014

University, 01-0242 (La.App. 1 Cir. 3/28/02) , 819 So.2d 1059, 1065 (finding that Section 23:1102B’s consent and forfeiture provisions did not apply to a settlement with a party who was entitled to workers’ compensation immunity … the finding is clearly wrong.

Johnson v. FID. & CAS. INS. CO. OF NY

618 So. 2d 651 · Louisiana Court of Appeal · May 5, 1993

An odd lot claimant need not be absolutely helpless to qualify for total disability. … Plaintiff in this instance does not meet the designated criteria established by the jurisprudence, and the evidence at trial establishes that there were a number of job descriptions which Mr.

Davis v. Kreutzer

633 So. 2d 796 · Louisiana Court of Appeal · Feb 25, 1994

(RTCG) and the City of New Orleans (City) to establish a Riverfront Streetcar Line in the City of New Orleans. … Future medical expenses must be established with some degree of certainty. Mistich v.

State v. Leonard

915 So. 2d 829 · Louisiana Court of Appeal · Apr 27, 2005

The Supreme Court clearly states, "not all hearsay implicates the Sixth Amendment's core concerns." … The report simply established that Mr. LeDeaux was shot three times and that he died almost instantly from those gunshot wounds. In this regard, Dr. Cramer's report and Dr.

Dugas v. Thompson

2011 La.App. 4 Cir. 0178 · Louisiana Court of Appeal · Jun 29, 2011

Dugas failed to establish a stipulation pour autrui. Unjust enrichment Mr. … Appeals are favored, and frivolous appeal damages are not granted unless they are clearly due. Haney v. Davis, 04-1716, p. 11, (La.App. 4 Cir. 1/19/06), 925 So.2d 591, 598 .

State v. Bounds

873 So. 2d 901 · Louisiana Court of Appeal · May 12, 2004

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 … A trial court is not required to render a suspended sentence or probation on a first (or qualifying second) felony offense.

Mipro v. Lycée Francais De La Nouvelle-Orléans, Inc.

146 So. 3d 650 · Louisiana Court of Appeal · Jul 2, 2014

that the finding is clearly wrong (manifestly erroneous).” … Jeansonne was not hired for a fixed time period, and therefore qualifies as an “at will” employee. However, considering the verbal agreement between Mr. Schmolke and Ms.

State Farm Mutual Automobile ins.co. A/S/O Jason J. Lopez v. Dustin P. Smith

Louisiana Court of Appeal · Mar 9, 2011

McMannus 3 qualified as a proper witness under the business records exception and that her testimony was adequate to establish a foundation for the introduction of the evidence … fact finder is clearly wrong or manifestly erroneous.

Doucet v. Superior Gauging Servs., Inc.

268 So. 3d 1082 · Louisiana Court of Appeal · Apr 17, 2019

to indicate that cutting the tanks would be unsafe; he admitted he thought he had all the equipment needed to perform the job and placed chocks on the tank to prevent the tank from rolling; he and his cousin felt he was qualified … Supported by well-established jurisprudence, we find the trial court properly dismissed Shelf and Superior on their motions for summary judgment.

Descant v. Administrators of the Tulane Educational Fund

95 La.App. 4 Cir. 2127 · Louisiana Court of Appeal · Jan 21, 1998

Bruner, did not establish the standard of care applicable to Dr. Herrera. … This is established through expert testimony.

Palazzolo v. Mire

2008 La.App. 4 Cir. 0075 · Louisiana Court of Appeal · Jan 7, 2009

Jordan gave the following reasons for his final recommendation: • The legal basis for the adoptive mother has been clearly established and recognized. From a psychological stand point however, Ms. … They use language and expressions that are clearly not their own.

State v. Cooper

830 So. 2d 440 · Louisiana Court of Appeal · Oct 23, 2002

I, Section 5, and the guidelines established by Terry v. Ohio, 392 U.S. 1 , 88 S.Ct. 1868 , 20 L.Ed.2d 889 (1968) and its progeny. … Upon the approach of clearly-identifiable police officers, a person's presence in a high crime area, late at night, coupled with nervousness or flight or other suspicious actions consistent with criminality is sufficient

Giamanco v. Giamanco

131 So. 2d 159 · Louisiana Court of Appeal · Jun 19, 1961

The Article of the Code clearly contemplates proof on both sides; and the presumption from the fact above mentioned, if it exists, is certainly a very light one. … Gremillion who was qualified as an expert building contractor. His estimate was that the construction costs of the original restaurant building were $34,500.

Summers v. Vermilion Parish School Bd.

493 So. 2d 1258 · Louisiana Court of Appeal · Sep 12, 1986

(iii) Defendant's improper admission into evidence of hearsay testimony, improperly identified photographs and opinion/expert testimony from a fact witness who was not qualified as an expert. *1262 (iv) Implementation by … (vi) The decision of Defendant was arbitrary because there was no substantial evidence to establish that as a matter of law and as a matter of fact that Petitioner is not able to perform his duties as principal."