Case law

Bergeron v. Murphy Oil, U.S.A., Inc.

2005 La.App. 4 Cir. 0271 · Louisiana Court of Appeal · Apr 28, 2005

Carreras testified that he visually checked the valve to see if it was clean but admitted that he was not qualified to tell if the valve was sealed well enough just by looking at it. … The Court stated, “[m]ore is required in order to establish that an accident is substantially certain to occur.” Id. at p. 9, 865 So.2d at 105 .

Guidry v. Allstate Insurance Co.

11 La.App. 3 Cir. 517 · Louisiana Court of Appeal · Dec 21, 2011

Guidry presented the testimony of Stephanie Chalfin, who was qualified as an expert in Life Care Planning. Ms. … Guidry then presented the testimony of Randolph Rice, who was qualified as an expert in economics, to establish Ms.

LOUISIANA UNITED BUSINESS ASS'N v. Bridges

917 So. 2d 10 · Louisiana Court of Appeal · Jun 10, 2005

These uncontradicted figures establish that from September of 2001 until the time of his death, Mr. … On the issue of penalties and attorney fees, the employer's own records clearly reflected that John L.

State v. Baker

535 So. 2d 861 · Louisiana Court of Appeal · Aug 17, 1988

We find that although the four aggravated rape counts are similar, they probably do not qualify as being admissible under LSA-R.S. 15:445 and 446 to establish intent, knowledge or system in accordance with State v. … Defense counsel was well aware of the crimes in Tangipahoa Parish and the amended notice merely corrected the docket number and more clearly set forth the state's reasons for introduction of the evidence.

Vuillemot v. Gonsulin

17 La. App. 661 · Louisiana Court of Appeal · May 5, 1931

An attorney at law was appointed to represent the absent heirs and he qualified by taking the prescribed oath. … Ann. 716 , the court held'that the record fully established that there were no debts due and that the heirs had been placed in possession of the property, and that therefore there was no reason for an administration.

State v. Lee

2016 La.App. 4 Cir. 0049 · Louisiana Court of Appeal · Apr 26, 2017

Beighle/s testimony is established by the expert’s documentation of the process he used to reach his conclusion. … The Court continued: Even assuming the prosecutor exceeded the bounds of proper rebuttal argument, the trial court clearly acted within its discretion when it denied the mistrial motion.

Edi v. Mit

917 So. 2d 1168 · Louisiana Court of Appeal · Nov 29, 2005

Both parties point to the contract between them as evidence to establish or *1172 defeat personal jurisdiction. … MIT's affidavit clearly stated that its technology office did not advertise or promote the sale or licensing of its technologies in Louisiana.

Menard v. Lafayette Insurance

9 La.App. 3 Cir. 0029 · Louisiana Court of Appeal · Jun 3, 2009

Aiken should be allowed to qualify as an expert and testify on behalf of the defendants. Her primary complaint is that the hearing would have shown that Dr. … Trotter, 04-482 (La.App. 3 Cir. 9/29/04) , 883 So.2d 1128 , unit denied, 04-2692 (La.2/18/05), 896 So.2d 31 The record establishes without dispute that Ms.

Magbee v. Federal Express

12 La.App. 3 Cir. 77 · Louisiana Court of Appeal · Dec 12, 2012

Driver may be subject to SPE certificate if otherwise qualified.” Dr. Hernandez marked that there was no extremity-limb impairment, with the qualifying comment concerning Mr. … It is implicit in the language “earning capacity is established pursuant to La.

DeRosier v. South Louisiana Contractors

583 So. 2d 531 · Louisiana Court of Appeal · Jun 26, 1991

The evidence clearly establishes that plaintiff never turned to see if there was any traffic travelling in the eastbound lane, nor did she stop or slow down at the yield sign. Mr. … The medical evidence established that plaintiff is prone to such outbursts.

Scott v. Red River Waterway Commission

926 So. 2d 830 · Louisiana Court of Appeal · Apr 12, 2006

Sureties and contractors executing payment bonds for public works contracts under this Part shall be immune from liability for or payment of any claims not required by this Part. D. … Nevertheless, that contract, which was between Plaquemines and Continental, established a legal suretyship in the City's favor governed under the Public Works Act as explained by the foregoing jurisprudence.

State v. Battieste

597 So. 2d 508 · Louisiana Court of Appeal · Mar 6, 1992

The state may prove a defendant's guilt by establishing that he was a principal in the crime. … The testimony of Kilcrease and Guidry established that the latent fingerprint lifted from one of the broken pieces of the mirror was defendant's fingerprint.

SJ Lemoine, Inc. v. St. Landry Parish Sch. Bd.

527 So. 2d 1150 · Louisiana Court of Appeal · Jun 22, 1988

We do not believe that the proof in this record is sufficient, however, to establish that weather has been shown to be a valid excuse justifying any portion of the claimed delay in performance of this contract. … The trial court's findings of fact and calculations in this area must be upheld unless they are clearly wrong or constitute an abuse of discretion.

Interdiction of F.T.E.

594 So. 2d 480 · Louisiana Court of Appeal · Jan 29, 1992

This opinion was clearly based on F.T.E.’s general condition, rather than specifically on his mental difficulties. Similarly, Dr. … While a limited interdiction of F.T.E.’s person is justified on this record, continued involuntary placement in a nursing facility clearly is not.

Danks v. Maher

177 So. 2d 412 · Louisiana Court of Appeal · Jul 29, 1965

In its answer the hospital has alleged facts sufficient to support an application of the doctrine of charitable immunity as to that defendant. … She was described by the hospital's chief of surgery as a very good scrub nurse and completely qualified.

Cangelosi v. McInnis Peterson Chevrolet, Inc.

373 So. 2d 1346 · Louisiana Court of Appeal · Jul 16, 1979

Defendants presented the testimony of Byron Whittington, service manager for McPete Chevrolet, and Howard Davis, a warranty consultant with the Chevrolet Motor Division, GMC, who was qualified as an expert in the field of … The trial judge accepted the testimony of the appellee's witnesses and we find that he was not clearly wrong in this determination. Arceneaux v. Domingue, 365 So.2d 1330 (La.1978), Rehearing Denied (La. 1979).

Kennedy v. Picadilly Cafeterias, Inc.

537 So. 2d 866 · Louisiana Court of Appeal · Jan 18, 1989

To qualify for benefits for loss of use, the loss of physical function must be greater than 50% as established in the American Medical Association Guides to the Evaluation of Permanent Impairment. … As the award of a fixed sum is clearly wrong, we shall remand to the trial court for calculation of supplemental earnings benefits in accordance with the statute.

Mose v. Brewer

428 So. 2d 1212 · Louisiana Court of Appeal · Mar 9, 1983

Seabury is equivocal and does not establish causal connection within reasonable medical certainty. We do not find the testimony of Dr. Seabury equivocal. … Prosser was qualified as an expert endocronologist with a specialty in diabetes. He has had only three years in private practice. Dr.

Parfait v. Transocean Offshore, Inc.

950 So. 2d 8 · Louisiana Court of Appeal · Jan 5, 2007

The factfinder's factual determinations may not be disturbed on appeal unless they are clearly wrong. … clearly wrong or manifestly erroneous.

Shaheen v. Khan

13 La.App. 5 Cir. 998 · Louisiana Court of Appeal · May 21, 2014

the trial court; and 2) The appellate court must further determine that the record establishes that the finding is clearly wrong (manifestly erroneous). … The appellee first objects to the admission of the translation of the marriage contract as inadmissible hearsay, as the expert/translator provided only an attached affidavit and did not qualify as required under La.