Case law

McGee v. State Ex Rel. DOTD

813 So. 2d 625 · Louisiana Court of Appeal · Mar 28, 2002

Regarding the Highway Foreman II interim position, DOTD argued, and the court agreed, that McGee did not demonstrate that he could carry his burden of proving he was clearly better qualified than the white employee who was … Therefore, DOTD contends, there was a legitimate, nondiscriminatory reason for its decision, and McGee failed to produce factual support that he was "clearly better qualified" for the position, which he would have to establish

Strong v. Breaux

612 So. 2d 111 · Louisiana Court of Appeal · Sep 17, 1992

as such, that the notice of candidacy form does not clearly state the payment of qualifying *112 fees, and that the notice of candidacy does not clearly show that it was filed before the Louisiana Secretary of State or his … The basis of the exception is that plaintiff alleged no facts, which if assumed true, would establish defendant failed to qualify for the primary election in the manner prescribed by law or failed to meet the qualifications

Nicholson v. Grisaffe

436 So. 2d 763 · Louisiana Court of Appeal · Aug 16, 1983

The evidence at trial established that Nicholson was qualified to vote in District Eight. Under the circumstances the exception of no right of action was properly overruled by the trial court. … Establishment of precincts A.

Dobyns v. Univ. of La. Sys.

275 So. 3d 911 · Louisiana Court of Appeal · Apr 12, 2019

Dobyns alleged that she suffered from severe allergies due to the many environmental allergens in south Louisiana, which resulted in a compromised immune system. Dr. … A court of appeal must not set aside the trier of fact's findings unless (1) a reasonable factual basis does not exist in the record for the finding and (2) the record establishes that the finding is clearly wrong or manifestly

Calais v. Exxon Pipeline Co.

430 So. 2d 321 · Louisiana Court of Appeal · Apr 13, 1983

Clearly it is shown that the loading and unloading of pipe is an essential and necessary part of Exxon’s business. … The record also establishes that the loading and unloading of pipe is normally performed by Exxon employees.

Marler v. State

78 So. 2d 26 · Louisiana Court of Appeal · Jan 31, 1955

The constitutional provision clearly authorized the statute as enacted and the statute not only waived the State's immunity against suit against it but also its immunity from suit for the negligence of its agents and employees … It was, therefore, clearly the intention and purpose of the Legislature to waive the State's immunity from liability for torts of its agents.

Douglas v. Children's Hospital

2010 La.App. 4 Cir. 0213 · Louisiana Court of Appeal · Aug 19, 2010

Hill, a clearly unjust and illogical result. … The appellate court may reverse a judgment based on a jury verdict only if (1) the record reflects no reasonable factual basis for the jury’s finding, and (2) the record establishes that the finding is clearly wrong.

Barfield v. Bolotte

185 So. 3d 781 · Louisiana Court of Appeal · Dec 23, 2016

Tax credits, like tax exemptions, must be strictly construed in favor of the Department of Revenue and must be clearly and unequivocally and affirmatively established by the taxpayer. See First Transit, Inc. v. … Having failed to show that the new vehicle they purchased was equipped with qualified clean-burning motor vehicle fuel property, the Bolottes did not clearly and unequivocally and affirmatively established their entitlement

State v. Edmondson

699 So. 2d 882 · Louisiana Court of Appeal · Jul 28, 1997

Part of the hearing was conducted out of the prosecutor's presence, in order for defense counsel to attempt to establish the need for payment of costs and expert witness fees, particularly a certain type of medical expert … The record clearly establishes that relator was advised of her rights many times after her arrest. Additionally, she spoke with her attorney by telephone about giving her statement just before her disclosure.

State v. Franklin

461 So. 2d 640 · Louisiana Court of Appeal · Dec 28, 1984

The jurisprudence clearly establishes that the state must prove the qualifications of the officer who administers a chemical test to determine intoxication, and this element of the case is of constitutional proportions. … that he was qualified to do so.

Chicago Property Interests, L.L.C. v. Broussard

2015 La.App. 4 Cir. 0299 · Louisiana Court of Appeal · Oct 21, 2015

The trial court erred in not having the jury first determine whether “emergency preparedness” immunity existed before it considered the “willful” misconduct exception to that immunity; 3. … They allege that they were precluded from establishing “whether sufficient federal funding was implicated for the C.F.R. to be applicable.”

LeBlanc v. City of Abbeville

259 So. 3d 372 · Louisiana Court of Appeal · Oct 17, 2018

the finding is clearly wrong. … The evidence in the record clearly establishes that the subject storm grate has been in use for many years, as no storm grates made of the same material as the one at issue were installed in either Mr. Sysak's or Mr.

Johnson v. Foti

2002 La.App. 4 Cir. 1995 · Louisiana Court of Appeal · Apr 9, 2003

Sampey clearly did not receive any instructions from Dr. Alper other than to transport Mr. Jones to the hospital and to give him oxygen. … White testified that CPR denotes the establishment of an airway, chest compressions, and replacement of oxygen.

Hebert v. ALLIED SIGNAL INC.

577 So. 2d 1117 · Louisiana Court of Appeal · Mar 28, 1991

Plaintiffs contend that although Mercer may be immune from liability as Hebert's employer or co-employee under La.R.S. 23:1032, he may be liable under the dual capacity doctrine. … A reading of the insurance policy clearly shows that Crum & Forster is not the insurer nor did it issue the business auto policy. The policy was issued by U.S. Fire.

Robinson v. Dunn

683 So. 2d 894 · Louisiana Court of Appeal · Nov 8, 1996

Where there are two permissible views of the evidence, the fact finder's choice between them cannot be manifestly erroneous or clearly wrong. Stobart v. … To qualify as a battery, the contact must be the result of an intent to bring about a result which will invade the interests of another in a way that the law forbids. Caudle v. Betts, 512 So.2d at 391 .

Niette v. Natchitoches Parish Police Jury

348 So. 2d 162 · Louisiana Court of Appeal · Oct 13, 1977

The four plaintiffs, three of whom are qualified electors of Ward 3, were engaged in the sale of alcoholic beverages from business establishments located in the unincorporated areas of Ward 3 when the ordinance was adopted … On January 25, 1977, the sheriff of Natchitoches Parish advised all business establishments in the unincorporated areas of Ward 3 to stop selling alcoholic beverages.

Leflore v. Coburn

665 So. 2d 1323 · Louisiana Court of Appeal · Dec 28, 1995

Dayberry's affidavit an agreement establishing an independent contractual relationship between Hibernia Roofing and Mr. … Because the Ducote court found that the Worker's Compensation law provided no tort immunity for the doctor, the doctor's insurer had no immunity either.

Winford Co. v. Webster Gravel & Asphalt

571 So. 2d 802 · Louisiana Court of Appeal · Dec 5, 1990

The testimony of Winford's and Haddox's presidents clearly did not stand alone. The court heard other Winford employees, in addition to the president of Webster, and a highly qualified civil engineer, Dillon. … NOTES [1] Appellants' other previously mentioned assignment, that the contractors failed to establish that the risk of loss or defects had been contractually assumed by Ark-La-Tex, is of little consequence.

Francis v. Accardo

602 So. 2d 1066 · Louisiana Court of Appeal · Jun 29, 1992

the statutory grant of immunity in exchange for such privilege. … Since the extent or availability of immunity is not before this court, we express no opinion on that issue.

Anderson v. Tenneco Oil Co.

826 So. 2d 1143 · Louisiana Court of Appeal · Jun 19, 2002

STATE IMMUNITY The second issue we will discuss is whether La. R.S. 9:2791 and La. R.S. 9:2795 provide immunity to the State of Louisiana from liability to the fisherman. … The evidence established that as a result of this accident Mr.