Case law

La Grange v. Fire Protection Dist. No. 4 of St. Tammany Parish

2003 La.App. 1 Cir. 0240 · Louisiana Court of Appeal · Nov 7, 2003

A different number of years of service in a particular rank does not qualify as “equal performance of duty and responsibility.” … Because Chief Gorrondona did not know the exact date of Chauffe's promotion, his testimony did not clearly establish whether *43 Chauffe received his anniversary raise prior to or after his promotion to Captain. .

State of Louisiana, Military Department and Department of Public Safety, Office of State Police v. EXPLO Systems, Inc., Crum and Forster Specialty Ins. Co., and Seneca Specialty Ins. Co. (consolidated with) Employers Mutual Casualty Company A/S/O The Village of Dixie Inn, Louisiana v. EXPLO Systems, Inc. and Crum & Forster Specialty Insurance Company

Louisiana Court of Appeal · May 18, 2022

C.C.P. art. 191 “authorizes trial courts to impose sanctions for [failing to adhere to discovery rules] since [such failure] clearly interferes with the court’s ability to fairly administer justice.” … The court concluded that, despite his insurance litigation experience, Siegel was not qualified as an attorney to offer the proposed opinions.

Gulf Outlet Marina, Inc. v. Spain

2002 La.App. 4 Cir. 1589 · Louisiana Court of Appeal · Jun 25, 2003

The trial judge has wide discretion in deciding which expert testimony to admit and his judgment will not be disturbed unless clearly erroneous. Collins v. State ex rel. … As to the issue of who should or should not be allowed to testify as an expert, it is very well established in the case law that the trial court has discretion and will not be reversed on appeal absent clear error.

Messina v. Isle of Capri Casino

4 La.App. 3 Cir. 1061 · Louisiana Court of Appeal · Dec 22, 2004

Bernauer as her choice of physician where the record established that employee knowingly and willingly executed a Choice of Physician form selecting Dr. Foret as her choice of physician. 3. … Richey, which in effect creates a jurisprudential exception to art. 1005, is clearly distinguishable from the case before us.

Khiry Cosey on Behalf of Her Minor Children, Corbin Hilliard and Allyssa Hilliard Individually and on Behalf of the Estate of Reginald Hilliard, Jr; Tiara Liggins on Behalf of Her Minor Child, Takhiree Hilliard Individually and on Behalf of the Estate of Reginald Hilliard, Jr.; Tukeya Jarvis Individually and on Behalf of Thomas Hilliard; And Dorothy Jarvis v. Flight Academy of New Orleans, LLC; Jazz Aviation, LLC; Qbe Insurance Corporation; Christiansen Aviation, Inc.; Abc Insurance Company; Signature Flight Support Corporation; Allianz Global Corporate & Specialty Se; The Estate of James Biondo; And Def Insurance Company

Louisiana Court of Appeal · Nov 12, 2020

The issue of a lessor’s liability to third parties arises most often in the context of vehicle lease cases or premises liability actions, the latter of which is clearly inapplicable here. … Aug. 6, 2009)(“an aircraft does not qualify as a dangerous instrumentality”); Lange v.

Warren v. Everist

706 So. 2d 593 · Louisiana Court of Appeal · Jan 21, 1998

Likewise, the recognized authority of the Nelson treatise also qualified it to be introduced into evidence under the learned treatise exception to the hearsay rule. La.Code Evid. art. 803(18). … Plaintiff must first establish by a preponderance of the evidence that the treatment fell below the ordinary standard of care expected in that medical specialty and then establish a causal relationship between the alleged

Horton v. McCrary

620 So. 2d 918 · Louisiana Court of Appeal · Jun 2, 1993

The testimony of the two expert witnesses, Meaux and Coach Johnny Emmons, clearly show that Tim had the desire and the ability before the accident to play professional baseball. … Horton failed to qualify. We disagree. Mr. Friedman testified that he considered that Mr. Horton qualified for the bonus because "but for" the December accident, he would still have been employed.

Taylor v. STATE, DEPT. OF TRANSP.

879 So. 2d 307 · Louisiana Court of Appeal · Jun 23, 2004

The evidence presented by the other expert witnesses, including the Taylors' experts, clearly establishes that hydrology constitutes a part of the field of civil engineering. … DOTD presented no evidence to establish how, if at all, the property's value changed between 1994 and 2001.

Kidder v. Anderson

345 So. 2d 922 · Louisiana Court of Appeal · Jun 17, 1977

Clearly, there was sufficient evidence to let the case go to the jury. … In fact, the court rejected the absolute-immunity doctrine continuously espoused by Justices Black and Douglas in all First Amendment situations.

Provenza v. Central & Southwest Services, Inc.

775 So. 2d 84 · Louisiana Court of Appeal · Dec 15, 2000

Provenza understood that he had qualified job security and that the reorganization would be completed without his job being affected. … Even the Q & A on which Provenza relies clearly states that a position could be affected for a compelling business reason.

Johnson v. Department of Police

2008 La.App. 4 Cir. 0467 · Louisiana Court of Appeal · Dec 10, 2008

Hearsay evidence, such as an investigating officer’s sworn statement may qualify as competent evidence, provided that the evidence has some degree of reliability and trustworthiness and is of a type on which a reasonable … of Police, 00-1483, p. 7 (La.App. 4 Cir. 5/9/01), 787 So.2d 1061 , 1068-69: The public puts its trust in the police department as a guardian of its safety, and it is essential that the appointing authority be allowed to establish

Johnco, Inc. v. Jameson Interests

98 La.App. 3 Cir. 1925 · Louisiana Court of Appeal · Jun 23, 1999

Young, 456 So.2d 622 (La. 1984), the Louisiana ^Supreme Court declared that a person does not qualify as negotiorum gestor unless he undertakes the management with the “benefit” of the owner in mind. … As such, the trial court was not clearly wrong or manifestly erroneous in finding that co-ownership did not exist.

Reichert v. Continental Insurance Company

290 So. 2d 730 · Louisiana Court of Appeal · May 17, 1974

We reject this contention on the ground that should a duty to represent on appeal be determined to have been legally assumed by contract, the person furnishing the defense is clearly not engaged in the unauthorized practice … We note the obligation to defend is not qualified, limited or restricted in any manner whatsoever. It must, therefore, be interpreted in favor of the insured rather than the insurer.

Viera v. Kwik Home Services, Inc.

266 So. 2d 732 · Louisiana Court of Appeal · Nov 16, 1972

But in Louisiana parties and their attorneys enjoy only a qualified privilege, subject to the requirement that statements made by them in judicial proceedings must be material and must be made without malice and with probable … Gosserand, supra, clearly shows that one purpose of that holding was to bring the law relative to libel cases springing from civil proceedings into consistency with the law relative to actions for damages for malicious prosecution

State v. Achelles

16 La.App. 5 Cir. 170 · Louisiana Court of Appeal · Dec 21, 2016

Defendant now argues that the trial court abused its discretion in qualifying Mr. … This argument is clearly without merit as evidenced by the trial court’s very thorough reasons for judgment.

State v. Papizan

256 So. 3d 1091 · Louisiana Court of Appeal · Nov 2, 2017

Overzealous application of this remedy by the court infringes upon "the societal interest in trying people accused of crime, rather than granting them immunization because of legal error." … To the contrary, it establishes a violation of the defendant's right to due process.

Quarles v. Jackson Parish Police Jury

482 So. 2d 833 · Louisiana Court of Appeal · Jan 22, 1986

The duly qualified administratrix of the succession of Hayward C. Quarles, Mrs. Lennie W. Quarles, has been substituted as plaintiff. Mr. Quarles was a justice of the peace in Jackson Parish. … The record clearly establishes that the intent of the Jackson Parish Police Jury on February 8, 1982, was to approve a monthly allowance for the appellant's office expense.

Angelo Iafrate Const., LLC v. STATE, DOTD

879 So. 2d 250 · Louisiana Court of Appeal · May 14, 2004

There was no intent on the part of the legislature to qualify, in any way, the right of access. … Clearly, under established Louisiana jurisprudence, private employees' names and addresses in the custody of a public agency are not afforded constitutional protection when disclosure is sought under the Act.

Coastal Timbers, Inc. v. Regard

483 So. 2d 1110 · Louisiana Court of Appeal · Feb 5, 1986

The evidence clearly establishes that Folse and Regard discussed the possibility of exchanging a lot for the construction work. Folse consulted his accountant, who advised against such a transaction. … First of all, profit is clearly recoverable, as we have already stated. See Houma Armature Works & Supply, Inc., supra; Skains, supra; Brummett, supra.

Chateau v. City of Kenner

712 So. 2d 256 · Louisiana Court of Appeal · May 13, 1998

He also clearly stated that Chateau's current problems and limitations were directly related to his well-established and pre-existing severe degenerative arthritis of the knees and not the fall of June 16, 1995, and that … He clearly states that he can "do anything." He has skills and licenses (the electrical licenses).