Case law

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

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.

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.

Kennedy-Fagan v. Estate of Graves

2007 La.App. 1 Cir. 1062 · Louisiana Court of Appeal · Jul 21, 2008

all persons causing or contributing to the injury, death, or loss shall be determined, regardless of whether the person is a party to the action or a nonparty, and regardless of the person's insolvency, ability to pay, immunity … Based on these limited facts, I do not believe that the evidence clearly established that Ms. Graves consented to her own death immediately prior to the murder/suicide.

Lafayette Steel Erector, Inc. v. Constance

13 La.App. 3 Cir. 1367 · Louisiana Court of Appeal · Apr 16, 2014

Where there are two permissible views of the evidence, a factfinder’s choice between them can never be manifestly erroneous or clearly wrong. Id. … Constance further submits 112that he is not qualified for the jobs offered given his advanced age, his lack of office and computer skills, and his educational level. 3 The WCJ determined that Appellants’ improperly converted

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.

State v. Brown

627 So. 2d 192 · Louisiana Court of Appeal · Nov 17, 1993

However, the record clearly reveals Sabrina had no solid recollection of when or if these sexual acts occurred after the month of April, 1991. … I submit the following subsections of § 209 of the guidelines qualify as sufficiently aggravating to allow a departure: 2.

Johnson v. Louisiana Power & Light Co.

98 La.App. 4 Cir. 2271 · Louisiana Court of Appeal · Jun 9, 1999

Dick, M.D., a neurologist previously qualified as an expert in a civil case in this state, who treated plaintiff. Dr. … wrong based on the evidence, or clearly without evidentiary support.

Alvin O. Easterling v. Stranco, LLC f/k/a/ Stranco, Inc.

Louisiana Court of Appeal · Oct 4, 2021

However, when evidence is introduced to support or controvert an exception of no right of action, the trial court' s factual findings are reviewed under the manifest error -clearly wrong standard of review. … Easterling was not listed as a qualifying party" for Stranco, Inc. While La. C. C.

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

State v. Johnston

546 So. 2d 1231 · Louisiana Court of Appeal · Jun 20, 1989

He was clearly serving a sentence under color of law. … Helm was allowed to give opinion testimony without the proper foundation first being established.

State ex rel. Hulin

543 So. 2d 1046 · Louisiana Court of Appeal · Apr 19, 1989

Manifest error, in its simplest terms, means “clearly wrong.” Arceneaux v. Domingue, 365 So.2d 1330, 1333 (La.1978); Canter v. Koehring Co., 283 So.2d 716, 724 (La.1973). … It is well established in Louisiana that a parent has paramount right to custody of his or her child and may be deprived of custody only if compelling reasons exist. Berzins v.

Conrad v. Lamarque Ford, Inc.

8 La.App. 5 Cir. 673 · Louisiana Court of Appeal · May 12, 2009

He argued that the other files clearly indicated that these individuals were entitled to rebates but the documents did not reveal that they received them. … claims with other members of the class; (2) the named representatives must have a sufficient interest in the outcome to insure vigorous | ^advocacy; and (3) counsel for the named plaintiffs must be competent, experienced, qualified

State v. Barnes

491 So. 2d 42 · Louisiana Court of Appeal · Jun 2, 1986

However, in a non-homicide case, the Louisiana Supreme Court clearly considered the justification defense of aggravated assault to be an affirmative one. State v. … Although a sentence is clearly within the limits established by statute, it may be held to be excessive. State v. Sepulvado, 367 So.2d 762 (La.1979).

Innocence Project New Orleans v. New Orleans Police Department

2013 La.App. 4 Cir. 0921 · Louisiana Court of Appeal · Nov 6, 2013

The right to examine such documents may only be denied “in cases established by law.” Id. … There were at least fifty qualifying days between the receipt of the request and the date on which the custodian, through the assistant city attorney, gave notification of the basis for his refusal to produce the public records

State v. Love

602 So. 2d 1014 · Louisiana Court of Appeal · May 20, 1992

Granted, the defendant was clearly angry with White and directed these serious threats toward White in an effort to vent his anger. … Cox did not give any opinions which would have required him to be qualified as an expert under La.Code of Evidence art. 702.

Chimento v. KDM Electric/Rapides Parish Work Release

229 So. 3d 69 · Louisiana Court of Appeal · Oct 4, 2017

Where there are two permissible views of the evidence, a factfinder’s choice between them can never be manifestly erroneous or clearly wrong. Id. … He had never qualified as an expert or testified in court as an accident investigator or rendered any conclusions about “whether a person was or was not subject to electric shock.”

Fletcher v. Langley

631 So. 2d 693 · Louisiana Court of Appeal · Feb 2, 1994

A causal link between the negligent act and the degree of aggravation must be established. Harrigan v. Freeman, 498 So.2d 58 (La.App. 1 Cir.1986). Cash v. … Based on the evidence presented, the jury's failure to causally connect the injuries to the accident is not clearly wrong.

Austin v. St. Charles General Hosp.

587 So. 2d 742 · Louisiana Court of Appeal · Sep 26, 1991

district court granted a motion which ordered "any testimony regarding the standard of care required of the Southern Baptist Hospital and its nursing staff will be prohibited unless such testimony is offered by a person qualified … Where there are two permissible views of the evidence, the fact finder's choice between them cannot be manifestly erroneous or clearly wrong. Rosell v. ESCO, 549 So.2d 840, 844 (La.1989).

Kelley D. Wyatt and Jeffrey L. Wyatt, Individually and on Behalf of Their Children, Jacob L. Wyatt and Madison P. Wyatt v. Brodie M. Leroy

Louisiana Court of Appeal · May 25, 2022

In addition, the exclusion in the AOS policy was clearly not met because there is no evidence that Kelley’s vehicle was 16 principally garaged in Massachusetts or that the vehicle … The test to determine whether a person qualifies for UM coverage under a liability insurance policy is to ask whether they would be covered if they were at fault for the accident. Id.