Case law

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.

Vollenweider v. Helwig Const. Co., Inc.

9 La.App. 5 Cir. 505 · Louisiana Court of Appeal · Apr 15, 2010

that the finding is clearly wrong (manifestly erroneous). … Helwig’s reconventional demand clearly seeks the remaining contract payment.

Howard v. Union Carbide Corp.

897 So. 2d 768 · Louisiana Court of Appeal · Feb 15, 2005

Further, the record clearly shows that the areas certified in the class action sustained a concentration level of at least 35 ppm. … These are the physical symptoms which the expert testimony establishes is typical for exposure to this type of chemical.

Whittington v. Sowela Technical Institute

438 So. 2d 236 · Louisiana Court of Appeal · Sep 16, 1983

This sanction clearly impresses us of the close educational function assigned to this activity and the high priority established by the school to attend. … The evidence as a whole clearly establishes the independent negligence of Sowela.

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.

Albritton v. Albritton

591 So. 2d 357 · Louisiana Court of Appeal · Nov 22, 1991

ESCO, 549 So.2d 840 (La.1989), we cannot say that the trial judge was clearly wrong or manifestly erroneous. … LSA-R.S. 9:1725(7) reads as follows: (7) ‘Spendthrift trust,’ when used without other qualifying words, means a trust under which alienation by a beneficiary of an interest in income or principal is restricted to the full

Joseph Gautreaux v. Louisiana Farm Bureau Casualty Insurance Co.

Louisiana Court of Appeal · Dec 29, 2022

The Trial Court erred in denying [Farm Bureau’s] Compliance Motion because the uncontested evidence established that WCTL valuations are derived from fair market surveys conducted using qualified retail … In my view, the summary- judgment evidence produced by Farm Bureau clearly demonstrates the existence of genuine issues of material fact.

Anderson v. Beauregard Memorial Hosp.

709 So. 2d 283 · Louisiana Court of Appeal · Mar 6, 1998

We, too, will use the date the plaintiff learned of the diagnosis to establish the commencement of the running of prescription. … The decision reached by the trial court will not be disturbed on appeal unless it is clearly erroneous and involves a misunderstanding of the law. Id. We agree with the trial court that on the issue of prescription Dr.

Smith v. Kepney

264 So. 3d 1214 · Louisiana Court of Appeal · Jan 16, 2019

If there are two permissible views of the evidence, the factfinder's choice between them can virtually never be manifestly erroneous or clearly wrong. Id . … Here, Smith offered proof of his claim of diminution in value through the testimony and value report of Vandergracht who was qualified as an expert in automotive appraisal and diminished value damages by the trial court.

Parnell v. Reed & Sims, Inc.

428 So. 2d 899 · Louisiana Court of Appeal · Feb 22, 1983

Goldsby admitted he was not qualified to express an opinion as to whether plaintiff could handle a chain saw, though he expressed some doubt as to whether plaintiff’s grip would be adequate. Dr. … Nevertheless, the court still assessed the penalties and attorney’s fees since “the law is well settled as applied to the established facts.”

Hirsch v. Cahn Elec. Co., Inc.

694 So. 2d 636 · Louisiana Court of Appeal · May 9, 1997

Hirsch, Bayre argued that he was not qualified to *640 decide the fairness of the offer. However, he did state that Mrs. Hirsch could negotiate. … The Cahns established the overall annual compensation for salaried employees, and then established their own overall annual compensation after consideration of NECA reports.

State v. Lewis

990 So. 2d 109 · Louisiana Court of Appeal · Aug 13, 2008

was not qualified to give an opinion about the fingerprint evidence. … Before any witness can testify as an expert, his or her competence must be established to the satisfaction of the court.

Mitter v. Touro Infirmary

874 So. 2d 265 · Louisiana Court of Appeal · Apr 21, 2004

that the finding is clearly wrong or manifestly erroneous. … Nurses, including licensed practical nurses, are defined as qualified health care providers under La. R.S. 40:1299.41(A)(1).

Lanthier v. Family Dollar Store

1 La.App. 3 Cir. 0437 · Louisiana Court of Appeal · Apr 3, 2002

We further hold that such evidence can qualify as "competent evidence," provided that the evidence has some degree of reliability and trustworthiness and is of the type that reasonable persons would rely upon. … The information relied upon by Guidry was clearly within the ambit of her personal *1218 knowledge as the manager of the Eunice Family Dollar store.

Durkee v. City of Shreveport

587 So. 2d 722 · Louisiana Court of Appeal · Sep 25, 1991

Quantum By its third assignment the city urges the trial court was clearly wrong in awarding excessive damages. … Like any other element of special damages, however, future medical cost can and must be established with some degree of certainty.

Mattingly v. State, Dept. of Health

509 So. 2d 82 · Louisiana Court of Appeal · May 27, 1987

Clearly, the trial judge did not err in refusing to find Mount Carmel liable for contribution under LSA-C.C. art. 2320. … There was no proof that the Archdiocese was qualified as a self-insurer under LSA-R.S. 32:1042 et seq.

Hodges v. Golden Nugget Lake Charles, LLC

242 So. 3d 654 · Louisiana Court of Appeal · Mar 7, 2018

The medical evidence clearly shows that Ms. Hodges had severe depression before the accident; however, Dr. … Hodges' treating physicians, clearly warranted the WCJ's allowance of these witnesses live testimony. Moreover, Dr.

Katner v. Katner

2009 La.App. 4 Cir. 0974 · Louisiana Court of Appeal · Dec 23, 2009

The trial court’s factual determination to the contrary is clearly wrong and we so find. The Supreme Court in Rosell v. … ESCO, 549 So.2d 840, 844 (La.1989) noted that the ordinary rule of deference to the fact finder is qualified “where documents or objective evidence so contradict the witness’s story, the court of appeal may well find manifest

Dupree v. Lafayette Insurance Co.

41 So. 3d 483 · Louisiana Court of Appeal · May 21, 2010

Article 591(A) provides that a civil action must first meet five prerequisites to qualify for class certification. … The trial court found that the class was “clearly definable.”

Smith v. Kepney

264 So. 3d 1214 · Louisiana Court of Appeal · Jan 16, 2019

If there are two permissible views of the evidence, the factfinder's choice between them can virtually never be manifestly erroneous or clearly wrong. Id . … Here, Smith offered proof of his claim of diminution in value through the testimony and value report of Vandergracht who was qualified as an expert in automotive appraisal and diminished value damages by the trial court.