Case law

State v. Berryhill

562 So. 2d 1105 · Louisiana Court of Appeal · May 31, 1990

With exception provided in Art. 405(B), character may not be established by proof of specific instances. … The admission of her testimony was clearly erroneous. The identification of the defendant as the perpetrator of the crime in this case was based solely upon the testimony of Darlene Belton.

Taylor v. Entergy Corp.

816 So. 2d 933 · Louisiana Court of Appeal · Apr 17, 2002

Kewalramani, an orthopedic rehabilitation physician, was qualified as an expert in orthopedics not specializing in surgery. He testified that he first saw Ms. Taylor on October 6, 1999. … Fitzpatrick, who admittedly did not work at this site, regarding the established company policies for safeguarding such work site holes.

State v. Lam

837 So. 2d 749 · Louisiana Court of Appeal · Feb 11, 2003

When this direct evidence is viewed in the light most favorable to the prosecution, the facts established by the direct evidence and inferred from the circumstances established by that evidence were sufficient for a rational … A statute *757 is presumed to be constitutional, and the burden of clearly establishing unconstitutionality rests upon the party who attacks the statute. A statute should be upheld whenever possible.

State v. Taylor

850 So. 2d 5 · Louisiana Court of Appeal · Jun 11, 2003

Oliver clearly showed that he would require the defendant to bear the burden of proving that he acted in self-defense. … His statement to the 911 operator clearly was one “relating” to that startling event.

Foreman v. West Calcasieu-Cameron Hosp.

625 So. 2d 1104 · Louisiana Court of Appeal · Oct 6, 1993

If Kennedy did qualify and was accepted for this position, he would have faced a 40 to 50 mile drive, one way, from his home in Eunice to Lafayette. … Appellant contends that the hearing officer erred in failing to clearly limit legal interest awarded in the judgment.

Matt v. Agro Distribution, LLC

904 So. 2d 928 · Louisiana Court of Appeal · Jun 1, 2005

Steven Schutz, an agricultural consultant qualified as an expert, testified that the later tasseling date of 115 day corn allowed time for the ears to more fully develop. … A jury's factual determinations are subject to the manifest error standard of review and will not be reversed unless clearly wrong. See Guillory v. Ins. Co. of North America, 96-1084 (La.4/8/97), 692 So.2d 1029 .

Klein v. Cisco-Eagle, Inc.

855 So. 2d 844 · Louisiana Court of Appeal · Sep 24, 2003

Klein, we note that we pretermit any discussion of Wray Enterprises's argument regarding possible applicability of the two-contract theory of statutory employer immunity under La. R.S. 23:1061. … No evidence was presented which would establish that either Wray defendant hired Gerrald; rather, it is undisputed that Cisco-Eagle hired Gerrald.

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.

Novick v. Textron, Inc.

375 So. 2d 730 · Louisiana Court of Appeal · Sep 11, 1979

He was director of qualify control for that company and a licensed engineer. … Stevens, 3 particularly in that before the appellate court can disturb the type of award made by the trial court here, the record must “clearly ” reveal that the trier of fact abused its discretion in making the award.

Radcliffe 10, LLC v. Zip Tube Systems

998 So. 2d 107 · Louisiana Court of Appeal · Aug 29, 2008

Burris is a licensed certified public accountant qualified as an expert in the field of certified public accounting. In conjunction with his testimony, Mr. … Appellate courts have a constitutional duty to review facts and have every right to determine whether the trial court finding was clearly wrong based on the evidence or clearly without evidentiary support.

Kelley Blue Book Co. v. Louisiana Motor Vehicle Commission

16 La.App. 5 Cir. 281 · Louisiana Court of Appeal · Dec 7, 2016

Clearly, KBB included the free quote button to encourage the sale of motor vehicles between its consumers and advertisers. … The June 26, 2014 Judgment clearly states that it is limited to the “Internet invoice advertising” that occurred “on or around August 5, 2013.”

Pelican Point Operations v. CHILDERS CO.

2000 La.App. 1 Cir. 2770 · Louisiana Court of Appeal · Feb 15, 2002

App. 1 Cir. 11/8/96), 682 So.2d 1303, 1306 , where this court observed that while the merits of plaintiffs' claim may pertain to issues of conduct and safety, the issue before the court, namely, whether defendants are immune … Orleans 1937) where the court observed the following: There can be [no] doubt that the jurisprudence of this state is firmly established, beginning with the case of Thayer v.

Quincy L. Cawthorne v. Jace Fogleman

Louisiana Court of Appeal · Feb 6, 2013

For the expert‟s testimony to qualify as knowledge which would assist the trier of fact, it must meet four criteria originally established in Daubert v. … It was within the trial court‟s discretion to rule that Lock was qualified to render expert testimony in his field of accident reconstruction. This was not clearly erroneous.

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.

Futral v. State ex rel. Department of Public Safety & Corrections

699 So. 2d 1089 · Louisiana Court of Appeal · Jun 23, 1997

Accordingly, we cannot say the finding is manifestly erroneous or clearly wrong. … Accordingly, the FLSA is not implicated under the facts of this case. 11 Nor are we persuaded by plaintiffs’ assertion that under 29 CFR § 541.118 their monthly rate of pay does not qualify as a salary for purposes of the

State v. Gene

587 So. 2d 18 · Louisiana Court of Appeal · Aug 21, 1991

The state also established through the testimony of Detective Fried, who was qualified as an expert in the packaging, use, and distribution of cocaine, that crack dealers typically carry rocks in prescription pill bottles … In light of his prior felony record and his poor response to probationary treatment, defendant’s sentence is clearly not excessive.

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 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).

Moore v. Kenilworth/Kailas Properties

2003 La.App. 4 Cir. 0738 · Louisiana Court of Appeal · Jan 7, 2004

The testimony at trial established that Kailas had received complaints from Dr. … Kailas did not have an established inspection procedure for the units or a service contract with any contractor.

Hartford Fire Insurance Co. v. Roger Wilson, Inc.

252 So. 2d 161 · Louisiana Court of Appeal · Oct 28, 1971

McClain, however, was neither tendered nor qualified as an expert and he had no first-hand knowledge of what repairs were necessary or effected. … Other articles of our Civil Code clearly contemplate that a lease is valid even though no time is specified.