Case law

CHASHOUDIAN v. Pate

2008 La.App. 1 Cir. 2111 · Louisiana Court of Appeal · May 26, 2009

Jones, 180 So.2d 803, 804-05 (La.App. 4 Cir.1965), for a qualifying view. The court explained why claims for salary and workers’ compensation benefits could be exempt. … If the exemption applied to “All dogs, cats, and household pets,” clearly all dogs would be covered. The exemption applies, however, to “All dogs, cats, and other household pets.” (Emphasis added.)

Mariano v. Tanner

497 So. 2d 1066 · Louisiana Court of Appeal · Nov 10, 1986

The testimony at trial established the following facts: On May 28, 1982, Mrs. … We find no merit to this contention as the record clearly reflects that counsel for the hospital, upon realizing his error, joined in the motion for a dismissal, which the trial court granted.

Landry v. Nobility Homes, Inc.

488 So. 2d 726 · Louisiana Court of Appeal · May 5, 1986

After reviewing the record of the evidence and testimony presented at trial, this court can not find any indication that the trial judge clearly erred in his factual conclusions. … Accordingly, these conclusions will not be disturbed since they are not clearly erroneous.

State Ex Rel. Hmd

35 So. 3d 426 · Louisiana Court of Appeal · Apr 7, 2010

Additionally, we review the trial court's findings of fact under a manifest error/clearly wrong standard. Id. The eight reasons listed in the state's petition for termination of J.D.' … Having concluded that the trial court was not clearly wrong in determining that a ground for termination exists, we turn to the "best interest" issue.

HANDY EX REL. HANDY v. Union Pacific R. Co.

896 So. 2d 316 · Louisiana Court of Appeal · Mar 2, 2005

896 So.2d 316 (2005) Christopher HANDY, through his legally qualified tutrix, Barbara HANDY and Jonathan Gay, Individually v. UNION PACIFIC RAILROAD COMPANY and Rodney J. Stutes, Jr. No. 04-1277. … Stutes' statement as being collected in the course of the investigation and that the statement sufficiently establishes the train speed to be within the posted federal speed limit of 60 m.p.h.

State v. Jackson

523 So. 2d 251 · Louisiana Court of Appeal · Feb 24, 1988

The advice of rights form clearly specifies that the defendant was being questioned about the armed robbery of Mr. Will Ross Henry. … Basically, the defendant objects to going outside the four corners of the form to establish that the defendant signed the form and to establish the date and time the form was signed.

Wallace v. Louisiana Citizens Property Insurance Corp.

2010 La.App. 4 Cir. 0647 · Louisiana Court of Appeal · Dec 6, 2010

Section A of article 591 provides that a civil action must first meet five prerequisites to qualify for class certification. … such is the preferred approach), we find that a determination under article 591 B first is sufficient to establish whether a plaintiff will ever be able to establish his right to class certification.

Charles Henry Davis, Et Ux. v. Sabine Parish Police Jury

Louisiana Court of Appeal · Feb 24, 2016

Lack of SPPJ Immunity The SPPJ alleges that it is immune from liability under La.R.S. 9:2800(C). We disagree. The statute reads, in pertinent part: A. … works; and, since sovereign immunity is inapplicable here, there is none.”

Charan v. Bowman

965 So. 2d 466 · Louisiana Court of Appeal · Aug 1, 2007

Clary, Sr., a civil engineer qualified as an expert in traffic engineering and highway safety, including the sub-specialties of signing, construction, design and maintenance, the plaintiffs presented evidence seeking to establish … A driver does not have the right to assume the course of travel is free from danger if he cannot see clearly ahead.

Rutherford v. Chiles Offshore Co.

558 So. 2d 263 · Louisiana Court of Appeal · Mar 14, 1990

Exceptions to the general rules of venue are strictly construed because they are in derogation of a common right, and the party claiming such an exception must clearly bring itself within the terms of the exception. … From our analysis hereinabove, it is evident that Sabine Parish did not qualify as a forum where the action might have been properly brought. Therefore, we have no basis to order such a transfer to Sabine Parish.

State v. 77,014.00 DOLLARS

607 So. 2d 576 · Louisiana Court of Appeal · Nov 6, 1992

Agent John Nattinger of the Drug Enforcement Administration was qualified as an expert witness in drug trafficking, tracing drug proceeds, and how money is packaged for the purchase of drugs. Mr. … The burden of proof for the state and the claimant are different under this new statutory provision and the burden of proof is clearly set forth.

Coleman v. Continental Southern Lines

107 So. 2d 69 · Louisiana Court of Appeal · Oct 30, 1958

General charges of reckless driving and disregard of the rights and safety of the passengers' lives are, we think, clearly unwarranted by the evidence. … The defendant, in our opinion, has clearly overcome its burden in establishing the collision between the two vehicles occurred entirely on the bus' side of the road.

State v. Sanders

539 So. 2d 114 · Louisiana Court of Appeal · Feb 22, 1989

Denial of the motion was clearly within the trial judge's discretion. This assignment of error lacks merit. … Further, the chain of custody, as well as the labeling of the substances, was established. Such evidence quite clearly and adequately supports a conviction.

State v. Jetton

756 So. 2d 1206 · Louisiana Court of Appeal · Apr 5, 2000

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 doubt that defendant was guilty … We cannot agree that the prosecutor's statements qualify as a "direct or indirect" reference to other crimes committed by Jetton. LSA-C.Cr.P. art. 770. Rather, they are references to other crimes committed by a witness.

Allen v. Keeney

442 So. 2d 1171 · Louisiana Court of Appeal · Nov 22, 1983

The jury's findings here were not clearly erroneous. … Thus, the jury's findings here are not clearly erroneous.

Austin v. St. Charles General Hospital

621 So. 2d 193 · Louisiana Court of Appeal · Jul 1, 1993

Charles General Hospital was a qualified healthcare provider pursuant to LSA-R.S. 40:1299.41 et seq. Therefore, a Medical Review Panel was established pursuant to the Louisiana Medical Malpractice Act. … ESCO, 549 So.2d 840 (La.1989), clearly the Fund cannot substitute its ideas for the findings and final judgment of a trial court.

Danny Demouchetversus Nexion Health Management, Inc.

Louisiana Court of Appeal · May 6, 2026

After noting that the management company met its burden of proof to establish it was a qualified health care provider (which the plaintiffs did not dispute), the court focused on whether the plaintiffs’ administrative negligence … App. 1 Cir. 12/27/23), 381 So.3d 98, 107 (“As the party filing the exception, the burden was on [the defendant] to prove prematurity and initial immunity from suit as a qualified health care provider under

Davidson v. Highland Superstores, Inc.

550 So. 2d 669 · Louisiana Court of Appeal · Aug 23, 1989

Tommy Mook, a licensed qualified physician specializing in the field of urology. Dr. Mook diagnosed a left inguinal hernia and recommended that plaintiff have it repaired. The plaintiff was then referred to Dr. … Knight clearly stated that not all hernias are symptomatic, and in many cases the symptoms may manifest themselves at a later time. Therefore, it was entirely possible that Mr.

Sass v. National Union Fire Insurance Co.

689 So. 2d 742 · Louisiana Court of Appeal · Mar 5, 1997

Moreover, the privilege created by the work-produet doctrine is qualified, not absolute. Hodges, 433 So.2d at 131 . Discovery statutes should be liberally construed to achieve their purpose. Hodges v. … In the instant case, clearly neither the statement nor the report sought by the plaintiffs was prepared by the defendants’ attorneys- or investigators in anticipation of litigation or in preparation for trial.

State v. Campbell

461 So. 2d 644 · Louisiana Court of Appeal · Dec 28, 1984

He has also been qualified as an expert serologist several times before in East Baton Rouge Parish. Considering Mr. … In reviewing the record, the defendant clearly did not invoke his right to remain silent or his right to counsel.