Case law

State, Dept. of Highways v. Beaird-Poulan, Inc.

292 So. 2d 842 · Louisiana Court of Appeal · Jun 7, 1974

The burden is placed upon the landowner to establish that the land expropriated had a greater value than the amount deposited in the registry of the court; his burden extends likewise to the *845 establishment of severance … One of the firmly established principles of our law is the concept that special laws prevail over a general law.

State v. Smith

777 So. 2d 584 · Louisiana Court of Appeal · Dec 20, 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 … In the absence of qualifying provisions, the term "intent" refers to "general criminal intent." La.R.S. 14:11.

State v. Rodrigue

441 So. 2d 1274 · Louisiana Court of Appeal · Nov 22, 1983

Aggravated kidnapping is the doing of any of the following acts with the intent thereby to force the victim, or some other person, to give up anything of apparent present or prospective value, or to grant any advantage or immunity … Moore, 432 So.2d 209, 225 (La.1983), the Louisiana Supreme Court held: Although the evidence establishes that the victim was forcibly seized and deprived of his valuables, the essential element of the crime, intent to deprive

Charles A. Gibson, Sr. Versus Byron L. Lee and Hon. Jon A. Gegenehimer, Jefferson Parish Clerk of Court

Louisiana Court of Appeal · Aug 28, 2023

qualifying, notwithstanding any other provision of law to the contrary…. … Appellate courts review findings of fact under the manifest error or clearly wrong standard. North v. Doucet, 18-437 (La. App. 5 Cir. 8/1/18), 253 So.3d 815, 818.

Simon v. Western Preferred Casualty Co.

491 So. 2d 28 · Louisiana Court of Appeal · May 6, 1986

An odd lot claimant need not be absolutely helpless to qualify for total disability. … The criteria set forth in Lattin for establishment of a prima facie case for classification in the odd lot category have not been met.

Bruce v. Ford Motor Co.

13 La.App. 3 Cir. 179 · Louisiana Court of Appeal · Dec 18, 2013

An appellate court may not set aside a trial court’s finding of fact absent manifest error or unless the fact finder is clearly wrong. Lewis v. … Bruce’s primary complaint of the engine surging, there is ample evidence in the record establishing what the trial court described as a “litany” of problems.

Love v. Southern Bell Telephone and Telegraph Co.

263 So. 2d 460 · Louisiana Court of Appeal · Sep 20, 1972

Such items are clearly not deductible in settlement of a potential or pending tort claim. … Further, it is the established law of this state that C.C.

Bodcaw Lumber Co. of Louisiana, Inc. v. Jordan

14 So. 2d 98 · Louisiana Court of Appeal · Apr 29, 1943

On November 5, 1940, certain constitutional amendments, submitted by Act 384 of 1940, were adopted by a majority vote of the qualified voters of the State, the Louisiana Tax Commission ceased to exercise its functions, and … Plaintiff is clearly seeking relief in the nature of a refund for taxes claimed to have been paid pursuant to an illegal assessment.

Rice v. Mesa General Contractor, LLC

986 So. 2d 122 · Louisiana Court of Appeal · May 27, 2008

Rice and Thibodeaux established that work began within two weeks of the contract's execution. … DiLeo, who was qualified as an expert in residential construction, rendered a report on June 15, 2004, that identified several areas of substandard construction.

NEW ORLEANS ELECTRICAL JOINT APPRENT. AND TRAINING COMMITTEE v. Crawford

7 La.App. 5 Cir. 964 · Louisiana Court of Appeal · May 27, 2008

The Committee is an unincorporated association established in Jefferson Parish. … The program was instituted to provide training for qualified individuals to learn the trade of electrician.

Successions of Ethridge

30 So. 2d 147 · Louisiana Court of Appeal · Apr 23, 1947

Louisiana, prayed for appointment as administratrix of the Successions of Alex and Mary Ethridge, and after advertisement and proper proceedings the prayer was granted, letters of administration were issued, and she was duly qualified … Consideration of these enumerated elements of the judgment leads us to the conclusion that the decree numbered (1) above is of importance only as establishing the basis of the right of plaintiff in rule to the issuance of

Parker v. Centenary Heritage Manor

677 So. 2d 568 · Louisiana Court of Appeal · Jun 26, 1996

that the finding is clearly wrong (manifestly erroneous). … The jury's verdict is not clearly wrong or manifestly erroneous.

Curole v. Curole

848 So. 2d 591 · Louisiana Court of Appeal · Jul 29, 2002

Parker did not satisfy the Daubert standards to qualify as an expert in this matter. The trial judge stated he was impressed with Dr. … R.S. 9:355.12 are inapplicable to this case and that the analysis is erroneous and clearly wrong.

Noel v. Home Health Care 2000, Inc.

3 La.App. 3 Cir. 1280 · Louisiana Court of Appeal · Mar 3, 2004

Noel wanted to establish such harassment she should have returned to work. … We do not find that the WCJ’s credibility calls and other factual determinations in this regard were clearly wrong. Further, the cases cited by Home Health are inappo-site.

Nailor v. International Harvester Co.

430 So. 2d 784 · Louisiana Court of Appeal · Apr 11, 1983

Patricia Crowley, also an IH employee, qualified as an expert in mechanical engineering for the defense. … Since the evidence does not establish that the jury was clearly wrong, the verdict for defendants must be affirmed.

Collier v. Collier

790 So. 2d 759 · Louisiana Court of Appeal · Jul 18, 2001

We need not consider whether the record establishes a value for goodwill because we find Mr. Wright's reasons for his expert opinion patently unsound. Mr. … Clearly, Mr. Collier is a professional engineer.

Berry v. Brown & Root, Inc.

595 So. 2d 767 · Louisiana Court of Appeal · Feb 25, 1992

The following facts are established by those affidavits: 1. British Petroleum is in the business of producing and refining petroleum products. 2. … Under the Berry analysis, a principal does not qualify as a statutory employer if the answer to the first question is "yes." Id., at 1231.

Weber v. McMillan

285 So. 2d 349 · Louisiana Court of Appeal · Jan 25, 1974

We find no merit to McMillan's argument that the expert upon whom the trial judge placed reliance was not qualified to project future income. … Clearly, they are not solidarily liable as joint tort feasors.

Held v. Aubert

845 So. 2d 625 · Louisiana Court of Appeal · May 9, 2003

If the scope of a law is not clearly stated, interpretation of the law is essentially a search for the legislative intent. Fontenot v. … A qualified health care provider is not liable for damages from injuries or death in excess of $100,000.00, plus the interest arising from those awards. La. R.S. 40:1299.42 B(2).

State v. Crawford

95 La.App. 3 Cir. 1352 · Louisiana Court of Appeal · Apr 3, 1996

The Reaves court found the testimony qualified under the excited utterance exception. … Both of these facts were established in the instant case as well.