Case law

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.

Wagoner v. CHEVRON USA INC.

55 So. 3d 12 · Louisiana Court of Appeal · Nov 24, 2010

Plaintiffs urge that the economic benefit reaped by defendants qualifies as a civil fruit under La. C.C. art. 551. La. … The burden of proof of establishing the exception of no right of action is on the exceptor. City of New Orleans v.

Lanneau v. Capital Transportation Corporation

292 So. 2d 810 · Louisiana Court of Appeal · Mar 18, 1974

We believe that if such had been intended, the parties would have clearly so stated in unmistakable terms. … The contract clearly provides that Cather's appraisals represent the minimum amounts due for tangibles and intangibles.

Feingerts v. La. Citizens Prop. Ins. Corp.

265 So. 3d 62 · Louisiana Court of Appeal · Feb 13, 2019

Fey, Jr., qualified as an expert in insurance industry standards, claims management, and claims adjustment, testified on behalf of Feingerts. … Clearly, the evidence supports this conclusion.

Marrogi v. Gerber

2000 La.App. 4 Cir. 1091 · Louisiana Court of Appeal · May 16, 2001

Marrogi to produce factual support sufficient to establish that he would be able to satisfy his evidentiary burden at trial. In his second assignment of error, Dr. … Marrogi’s failure to present sufficient evidence to defeat the motion for summary judgment once the burden shifted to him, the grant of summary judgment was clearly in keeping with the law and the evidence.

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.

State v. Bonit

928 So. 2d 633 · Louisiana Court of Appeal · Feb 10, 2006

However, he must ask clearly and unequivocally to proceed pro se and he must also make his request in a timely manner. Faretta, 95 S.Ct. at 2541 . … Even so, the language of LSA-C.E. art. 803(6) establishes criteria that must be met before evidence can be admitted under this hearsay exception. Smith, 897 So.2d at 716 .

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.

Poland v. American Mutual Insurance

409 So. 2d 1292 · Louisiana Court of Appeal · Jan 25, 1982

An odd lot claimant need not be absolutely helpless to qualify for total! disability. … We consider the evidence clearly establishes a prima facie case for his classification in the odd lot category as plaintiff’s pain and disability appreciably limit the types of work available to him and greatly diminish his

Barriere Constr. Co. v. Parish of Tangipahoa

259 So. 3d 458 · Louisiana Court of Appeal · Sep 24, 2018

Once the public entity establishes a requirement, that requirement must be uniformly followed by all bidders. Subsections (C) and (D) of LSA-R.S. 38:2214 provide: C. … Such errors must be clearly shown by objective evidence drawn from inspection of the original work papers, documents, or materials used in the preparation of the bid sought to be withdrawn.

Carlin Communications, Inc. v. South Cent. Bell Telephone Co.

461 So. 2d 1208 · Louisiana Court of Appeal · Dec 14, 1984

STATE ACTION Because private conduct is immune from the restrictions of the 14th Amendment, this court must first find "state action" before it may address Carlin's constitutional complaints. … The SCB Dial-It Service is clearly a local service, operating within the 504 area code, although long distance calls are not precluded.

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

Brown v. Pelican State Mutual Insurance Co.

93 La.App. 1 Cir. 0340 · Louisiana Court of Appeal · Nov 10, 1994

Section 904(B) directs the Commissioner to establish rules and regulations “for the implementation and administration” of the filing requirement, giving “due consideration of the establishment of a proper phase-in period. … Although the trial court found that Pelican was insolvent, the evidence clearly supports the conclusion that Pelican’s continued business would have been hazardous to its policyholders or its creditors or the public.

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.

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.

Shuff v. Liberty Mutual Insurance Company

134 So. 2d 707 · Louisiana Court of Appeal · Nov 6, 1961

Schneider, a highly qualified orthopedic specialist, who examined the plaintiff on March 28, 1960. Dr. … Following the formula established by our Supreme Court in Carrington v.

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

Armentor v. Safeway Ins. Co.

7 La.App. 3 Cir. 805 · Louisiana Court of Appeal · Dec 19, 2007

Walton, 06-1103, pp. 2-3 (La.App. 3 Cir. 2/7/07), 950 So.2d 922, 924 , we stated: A trial court's findings of fact will not be disturbed unless they are manifestly erroneous or clearly wrong. Fuselier v. … Thomas Montgomery, the only physician qualified to opine whether Armentor will need surgery in the future, testified that Armentor was not a surgical candidate when he last saw him in February of 2005. Dr.

United Gas Pipe Line Company v. Landry

228 So. 2d 565 · Louisiana Court of Appeal · Nov 17, 1969

As stated before, however, the Court is clearly convinced that the taking here is clearly and without doubt for a public purpose and hence will be allowed. * * * "In support of their contention that the proposed line is not … We are also satisfied that the record establishes the required public purpose and public necessity and that the trial court was correct in its conclusions. Defendants cite United Gas Pipe Line Company v.