Case law

Johnson v. Fidelity & Casualty Insurance Co.

618 So. 2d 651 · Louisiana Court of Appeal · May 5, 1993

An odd lot claimant need not be absolutely helpless to qualify for total disability. … Plaintiff in this instance does not meet the designated criteria established by the jurisprudence, and the evidence at trial establishes that there were a number of job descriptions which Mr.

Pesnell v. Sessions

274 So. 3d 697 · Louisiana Court of Appeal · May 22, 2019

XII, § 3, clearly authorizes the legislature to establish laws that provide exceptions to the right to observe the deliberations of public bodies and examine public documents. La. … Unless the fundamental rights, privileges and immunities of a person are involved, there is a strong presumption that the legislature in adopting a statute has acted within its constitutional powers.

Brooks v. Leggett & Platt, Inc.

94 La.App. 1 Cir. 0617 · Louisiana Court of Appeal · Nov 9, 1995

Section 1121(D) clearly indicates that the consultation and examination conducted by a physician chosen by a claimant under the section shall be at the claimant's expense. … Accordingly, in order to establish an equitable determination of expert fees, the expert should present a basis in fact as to what his/her time is actually worth.

Henderson v. Maloid

683 So. 2d 342 · Louisiana Court of Appeal · Nov 8, 1996

Thus, rejection of UM coverage was clearly not contemporaneous with the application for or the issuance of the *347 policy. … She explained her husband had established a pattern of meeting with LeBlanc at LeBlanc's dealership, and that Vernon would buy cars for Auto Credit to sell.

Koertge v. State Farm Fire and Casualty Insurance Company

266 So. 3d 441 · Louisiana Court of Appeal · Feb 27, 2019

Importantly, future medical expenses must be established with some degree of certainty. Menard , supra ; Terry , supra . … Harris was qualified and accepted as an expert in counseling and school psychology.

State v. DeRoche

629 So. 2d 1267 · Louisiana Court of Appeal · Dec 15, 1993

related offenses admissible as part of the res gestae and convictions admissible for impeachment purposes, Louisiana statutes provide for only three instances where other crimes evidence is "substantially relevant" such as to qualify … Using the rationale of Tyler, Long, and Howard , the other crimes evidence against DeRoche was clearly admissible. Therefore, the trial court did not err. This evidence consisted of the testimony of two juveniles.

Best v. State Farm Fire and Cas. Co.

969 So. 2d 671 · Louisiana Court of Appeal · Oct 10, 2007

In order to satisfy the aforementioned conditions, the insured need not establish that the wind actually created a hole in the structure, but instead must only demonstrate that the direct force of the wind created an opening … Thus, in accord with general rules of proximate cause, water entering a structure through a breach caused by the impact of a wind-blown object qualifies as damage by wind, bringing the loss under the policy coverage.

State of Louisiana v. Gerald P. Burns

Louisiana Court of Appeal · Jun 30, 2021

The state argues Burns fails to show by clear and convincing evidence that his mental illness qualifies as an exceptional circumstance warranting a downward departure from the constitutional minimum sentence. … The record does not establish that Burns is under constant supervision, which is what would be required to prevent another offense such as the one perpetrated on M.A.

Koertge v. State Farm Fire and Casualty Insurance Company

266 So. 3d 441 · Louisiana Court of Appeal · Feb 27, 2019

Importantly, future medical expenses must be established with some degree of certainty. Menard , supra ; Terry , supra . … Harris was qualified and accepted as an expert in counseling and school psychology.

Rachal v. Department of Wildlife

918 So. 2d 570 · Louisiana Court of Appeal · Dec 30, 2005

that a reasonable trier of fact would not credit the witness's story, a trier of fact's findings based on its decision to credit the testimony of one or two or more witnesses can virtually never be manifestly erroneous or clearly … Defendants did not establish that the complaint was true or that a privilege is applicable to Lt. Fannin's publication of the defamatory report. The LDWF agents who Lt.

In re Dauterive

251 So. 3d 1204 · Louisiana Court of Appeal · Jul 18, 2018

Thus, the electronic withdrawal of "funds" qualified as a corporeal movable. … Ricks, both of whom were intimately acquainted with the facts and offered unique insights into the family relationships, was clearly more credible than that of Mrs. Vairin.

Richardson v. Kansas City Southern Railway Co.

731 So. 2d 1017 · Louisiana Court of Appeal · Apr 1, 1999

Further, the record clearly documents where and when |nthe number was used. … a regularly conducted business activity, and if it was the regular practice of that business activity to make the memorandum, report, record, or data compilation, all as shown by the testimony of the custodian or other qualified

U-Finish Homes, Inc. v. Lanzl

202 So. 2d 339 · Louisiana Court of Appeal · Jun 30, 1967

mean that, where a contractor sues on a building contract and it is shown that the work delivered is defective or unfinished, the contractor is, nonetheless, entitled to recover the contract price if the defendant fails to establish … Lobdell, a well qualified architect, appraiser and building contractor, whose testimony was fully corroborated by that of Mr. James H. Heap, a contractor in the 'Covington area.

Robertson v. Doug Ashy Building Materials, Inc.

168 So. 3d 556 · Louisiana Court of Appeal · Dec 23, 2014

And I clearly — I clearly read what they said. They went — they didn’t have to do it, but they went at length and described why Dr. Mark should be allowed to give his opinion. … Furthermore, as previously set forth, in Robertson III, 77 So.3d at 352, this court clearly held that the plaintiffs had put forth sufficient evidence establishing genuine issues of material fact such “that Sherwin-Williams

Woodrow Wilson, Jr. v. Town of Mamou

Louisiana Court of Appeal · Dec 19, 2007

Accordingly, we find the immunity statutes inapplicable. … Even though the trial court obviously found the sister’s testimony was not credible, the record clearly establishes, as borne out by the witnesses, that several minutes prior to the fatal shooting, Ms.

Sparks v. Tulane Medical Center Hospital & Clinic

537 So. 2d 276 · Louisiana Court of Appeal · Dec 13, 1988

Such a finding cannot be considered clearly wrong. See Arceneaux v., Domingue, 365 So.2d 1330 (La.1978); Canter v. Koehring, 283 So.2d 716 (La.1973). … We find the evidence furnishes an ample basis to establish a causal connection between plaintiff’s disability and her employment. This was established by the testimony of her physicians and Ms. Jahncke.

Maybrier v. Louisiana Medical Mutual Insurance

8 La.App. 3 Cir. 1508 · Louisiana Court of Appeal · Jun 10, 2009

Green, who the patient would have used to perform the prostate surgery was any more qualified or specialized in that area of medicine than Dr. LaNasa. … Clearly the law has acknowledged that specialists are in a superior position within their field than that of a general practitioner.

Carriere v. St. Landry Parish Police Jury

96 La.App. 3 Cir. 0641 · Louisiana Court of Appeal · Apr 9, 1997

R.S. 33:1555 clearly authorizes the payment of salaries for an assistant coroner if the coroner is on a salary basis. … That initial decision is clearly not ministerial, but purely discretionary and legislative.

Noland v. Noland

16 La.App. 3 Cir. 641 · Louisiana Court of Appeal · Apr 26, 2017

If it does not process information correctly, then the disability has to be “remediated” by a qualified educator by use of certain techniques. … It is Ryan’s contention that the trial court erred in establishing itself as a “safety monitor” for the children rather than placing the children with Ryan. We disagree.

Plummer v. Marriott Corp.

654 So. 2d 843 · Louisiana Court of Appeal · Apr 26, 1995

This well established principle was again explained and reiterated by our Supreme Court in the recent case of Ferrell v. … Where there are two permissible views of the evidence, the factfinder's choice between them cannot be manifestly erroneous or clearly wrong. * * * In applying the manifestly erroneous—clearly wrongstandard to the findings