Case law

Nugent v. Phelps

816 So. 2d 349 · Louisiana Court of Appeal · Apr 23, 2002

Immediately thereafter, a motion was made for involuntary dismissal, and after hearing the argument of the attorneys and reviewing the evidence briefly, the court stated that the burden was upon the plaintiff to establish … However, a review of the transcript will show that the judge read to the potential witnesses that portion of the statute dealing with immunity.

Larios v. Julio Gomez Martinez & Imperial Fire & Cas. Ins. Co.

239 So. 3d 1041 · Louisiana Court of Appeal · Feb 21, 2018

C.E. art. 803(6) permits the custodian of the record "or other qualified witness" to establish the essential foundational predicate. Id. … Funez on August 4, 2014, and does not establish that this finding was clearly wrong.

In Re Arnold

991 So. 2d 531 · Louisiana Court of Appeal · May 23, 2008

The Board is charged with enforcing the Louisiana Code of Governmental Ethics and establishing procedures to be followed. See LSA-R.S. 42:1132 and LSA-R.S. 42:1134. … The Board is charged with enforcing the Louisiana Code of Governmental Ethics and establishing procedures to be followed. See LSA-R.S. 42:1132.

Dunn v. Bryant

701 So. 2d 696 · Louisiana Court of Appeal · Sep 19, 1997

The burden is on a defendant to prove prematurity and initial immunity from suit as a qualified health care provider under the Act. … Such a result would clearly be contrary to the implicit intention of the legislature and the purpose of the Act. [5] Proof of financial responsibility is not an issue in this case because a policy of malpractice liability

Isidore v. Victory Club, Inc.

923 So. 2d 747 · Louisiana Court of Appeal · Nov 30, 2005

At that point, if the party opposing the motion “fails to produce factual support sufficient to establish that he will be able to satisfy his evidentiary burden of proof at trial, there is no genuine issue of material fact … Pegasus argued to the trial court that it was immaterial that Isidore was allegedly not watching the parade, but was instead working, because the statute clearly states that “No” person shall have a cause of action absent

Shelton v. Pavon

2016 La.App. 4 Cir. 0758 · Louisiana Court of Appeal · Feb 15, 2017

C.C.P. art. 971(F)(1)(a) provides: (F) As used in this Article, the following term shall have the meanings ascribed to them below, unless the context clearly indicates otherwise: (1) “Act in furtherance of a person’s right … Pavón claimed, an allegation in a pleading is subject to a qualified privilege.

Rosemary Grimsley v. Liberty Mutual Insurance Company, James Construction Group, LLC, and State of Louisiana

Louisiana Court of Appeal · Aug 14, 2019

has met its burden of showing entitlement to the immunity afforded by La. … Albeit there were no reflectors on the barrier, the undisputed facts clearly show that measures were in place to alert motorists to any hazards at the intersection.

Michael M. Sellar v. Donald "Don" Nance

Louisiana Court of Appeal · Mar 1, 2022

The standard of review of findings of fact by the trial court is the clearly wrong or manifest error standard. Sealy v. … Regarding the issue of Nance’s status as a qualified elector, the record before this Court indisputably establishes that Nance maintained his homestead exemption on his Love Street residence at the time of qualifying.

Fournerat v. Farm Bureau Insurance Co.

2011 La.App. 1 Cir. 1344 · Louisiana Court of Appeal · Sep 21, 2012

Furthermore, movers argued that the drainage structure was “clearly covered by the RUS.” St. … Thereafter, the adverse party must produce factual evidence sufficient to establish that he will be able to satisfy his evidentiary burden of proof at trial.

State v. Murphy Cormier General Contractors, Inc.

15 La.App. 3 Cir. 111 · Louisiana Court of Appeal · Jun 3, 2015

The State alleges Murphy’s detrimental reliance claim does not sound in contract, and therefore the State is immune from suit. … The Code also sets forth in La.Civ.Code art.1927: A contract is formed by the consent of the parties established through offer and acceptance.

Ekendahl v. Louisiana Medical Mutual Insurance Co.

124 So. 3d 461 · Louisiana Court of Appeal · Aug 28, 2013

system very much; • even though Celestone’s effect on an immune system is transient, he still prefers not altering an immune system, since strep is so aggressive; • he had never seen a patient develop strep sepsis from one … Kevin Murphy, M.D., the defendant, was qualified and accepted as an expert in the field of family practice. His testimony has been outlined above. Dr.

Brown v. Coregis Ins. Co.

752 So. 2d 347 · Louisiana Court of Appeal · Feb 18, 2000

The record establishes that, at the time of the accident, TPSB had a "school auto coverage" insurance policy with Coregis with a $1 million limit of liability above a $50,000.00 self-insured retention, and a $5 million umbrella … R.S. 32:603, insofar as they preclude an insurer from asserting "immunity," are superfluous in that they pertain to a governmental immunity which no longer exists.

Johnson v. Ray

2012 La.App. 4 Cir. 0006 · Louisiana Court of Appeal · Dec 5, 2012

court, and (2) the appellate court must further determine that the record establishes that the finding is clearly wrong or manifestly erroneous. … Katz is not qualified under La. R.S. 9:2794(D), the statute that establishes physician qualifications for expert testimony on |3whether a “physician departed from the accepted standards of medical care.” However, Dr.

Hubbard v. State

852 So. 2d 1097 · Louisiana Court of Appeal · Aug 13, 2003

He also stated, however, that Curtis was not immune to the affects of dehydration even though he had Russell-Silver syndrome. Dr. … Cook's testimony, particularly since she clearly questioned the radiologist's interpretation of the first CT scan.

Cleveland v. Williams

148 So. 3d 229 · Louisiana Court of Appeal · Sep 8, 2014

Your intention was to get a house there, establish a residence so you could qualify. And the house is not owned by you. You don’t pay rent. It’s still owned by Mr. Cowart. … However, for the year prior to the qualifying period, Mr. Williams took the steps he needed to take to establish a new domicile within Delhi to run for Chief of Police. First, Mr.

Air Supply, Inc. v. Michael M. Wahlder

Louisiana Court of Appeal · Jun 10, 2009

. § 1983, as defendants are entitled to absolute and qualified immunity. … government officials performing discretionary functions generally are shielded from liability for civil damages, unless their conduct violates clearly established statutory or constitutional rights of which a

Webb v. Parish of St. Tammany

959 So. 2d 921 · Louisiana Court of Appeal · Feb 9, 2007

Thus, as the party moving for summary judgment, the District had sustained its initial burden of proof and established a prima facie case that it was entitled to immunity pursuant to LSA-R.S. 9:2795. … In accordance with the recreational use immunity statute, after the District carried its initial burden, the burden shifted to Mr.

Villane v. Azar

566 So. 2d 645 · Louisiana Court of Appeal · Aug 17, 1990

Azar, qualified as a candidate for Judge, Court of Appeal, Fifth Circuit. *646 Plaintiff as a qualified elector challenged Azar's qualification on the ground that he lacked the residency requirement provided by the constitution … As in any case the factual findings of and inferences drawn by the trial court will not be disturbed on appeal unless clearly wrong.

Francis Deal v. Adrian Perkins and Caddo Parish Clerk of Court, Mike Spence, in his Official Capacity

Louisiana Court of Appeal · Aug 8, 2022

In fact, the Charter confers on the city all powers, rights, privileges, and immunities that are “not expressly denied by * * * general state law[.]” Charter, Art. 2, § 2.01 (b). … Furthermore, the evidence established that Mr. Perkins has a pattern of utilizing the Stratmore Circle address in his bids for public office. Although Mr.

Jefferson Parish Hospital District No. 1 v. K & B Louisiana Corp.

13 La.App. 5 Cir. 508 · Louisiana Court of Appeal · Mar 12, 2014

The act of sale clearly states that the purchase of the property is “subject to” the “current leases[,]” including the “[l]ease by and between Marrero Shopping Center, Inc. and K & B Louisiana Corporation by merger of Katz … such immunity is statutorily provided.