Case law

Scott v. Barclay's Amer. Leasing Service

506 So. 2d 823 · Louisiana Court of Appeal · Apr 14, 1987

On January 10, 1983, Catherine Bonita Scott (Scott) as natural and qualified tutrix of Kendrill Davon Scott Jackson (Jackson) filed suit against Barclay's American Leasing Service, Inc. … The trial court's findings of fact are entitled to great weight and will not be disturbed absent a finding that they are clearly wrong. Arceneaux v. Domingue, 365 So.2d 1330 (La.1978).

Fisher v. Cash Grocery and Sales

316 So. 2d 872 · Louisiana Court of Appeal · Jul 30, 1975

To qualify for compensation benefits from Cash Grocery under this provision as a "statutory employee", plaintiff would be required to establish that the work that Dewey Gremillion was doing for Cash *874 Grocery was part … hearing the plaintiff produces and attempts to call several witnesses to testify to facts within their personal knowledge, which contradict the material statements contained in the above affidavit, and which would show clearly

Marilyn H. McBride, Davy A. Dowdy, and Joey E. Miller v. Old Republic Insurance Company, John K. Woodard, David G. Brooks, Sr., and Enable Midstream Partners, LP

Louisiana Court of Appeal · Oct 9, 2024

A party seeking to avail itself of the immunity from tort liability granted under the LWCA has the burden of proving entitlement to such immunity. Champagne v. American Alternative Ins. … The appellate court reversed, finding that Knox could only prove one of the four factors to establish the manual labor exception.

Lacy v. ABC Ins. Co.

712 So. 2d 189 · Louisiana Court of Appeal · Apr 1, 1998

Lacy would be qualified. The jury awarded $19,000 to Ms. Lacy for loss of future earnings. This award, which represents approximately five and one-half months lost wages, is supported by the record. Ms. … Lacy only submitted $42,000 in medical bills, and that she failed to establish a causal link between some of those bills and her alleged injuries.

Henry v. Exchange Bank & Trust Co.

287 So. 2d 214 · Louisiana Court of Appeal · Nov 30, 1973

This is correct, but clearly not the situation when one comes in alleging they are entitled to the marital portion. This marital-fourth is not a bequest. … Townsend is in that he was not qualified as an expert, nor is there any designation as to his occupation or profession.

Wooley v. Lucksinger

14 So. 3d 311 · Louisiana Court of Appeal · Feb 13, 2009

By way of illustration, so-called “rules of the road” establish or pertain to “standards of conduct and safety”, whereas rules that impose a ceiling on the amount of compensatory damages or provide |,^immunity from suit are … Jones, who was qualified as an expert certified public accountant.

VALLEY ELEC. MEMBERSHIP CORP., INC. v. Wallace

465 So. 2d 986 · Louisiana Court of Appeal · Mar 6, 1985

LaCaze, a qualified real estate appraiser, was of the opinion that the highest and best use of the property was for "low density rural, residential property." … The findings of fact by the trial court will not be disturbed on appeal unless such findings are clearly erroneous. Greater Baton Rouge Airport District v. Carrick, supra.

State v. Sharp

810 So. 2d 1179 · Louisiana Court of Appeal · Feb 27, 2002

When the direct evidence is thus viewed, the facts established by the direct evidence and inferred from the circumstances established by that evidence must be sufficient for a rational trier of fact to conclude beyond a reasonable … Mark Vigen ("Dr.Vigen") was qualified as an expert in general and forensic psychology. Dr.

Pelleteri v. Caspian Group Inc.

851 So. 2d 1230 · Louisiana Court of Appeal · Jul 2, 2003

Theard [5] , XXXX-XXXX (La.App. 1 Cir. 2/27/02), 818 So.2d 181 , in determining that the Judgment of Eviction established a date after which Ms. … Pelleteri was qualified in the fields of business administration and economics. Ms.

Anthony T. Straughter, Deron Alexander and Russell Bickham v. Occidental Fire & Casualty Company of North Carolina, the Trinity System, Inc., and Aaron Matthew White

Louisiana Court of Appeal · Oct 9, 2025

In addition, Defendants requested reasonable attorney fees and costs. 3 Louisiana Revised Statutes 9:2800.10 is titled “Immunity from liability for injuries sustained while committing a felony offense.” … C.C.P. art. 2004 establishes, the peremptive period begins with “the discovery . . . of the fraud or ill practices.” For purposes of La.

Ronald Ables v. Frank C. Minvielle

Louisiana Court of Appeal · Oct 7, 2009

Following discovery, Twin Pine Farms filed a Motion for Summary Judgment reasserting their statutory immunity under La.R.S. 9:2800.4. Mr. … Defendant[s] assert[] that [Cody Ables] was clearly trespassing at the time of the accident. 2  In Plaintiff’s countervailing Motion for Summary Judgment, he

Roy v. Schilling Distributing Co.

13 La.App. 3 Cir. 242 · Louisiana Court of Appeal · Oct 16, 2013

STANDARD OF REVIEW Factual findings in workers’ compensation cases are subject to the manifest error/clearly wrong standard of review. Banks, 696 So.2d 551 . … The record does not reflect a reasonable basis for finding that Fontenot’s testimony on availability qualified as competent evidence.

Scuderi v. Crazy Johnnie Cafe, Inc.

2002 La.App. 5 Cir. 243 · Louisiana Court of Appeal · Oct 16, 2002

We further hold that such evidence can qualify as "competent evidence," provided that the evidence has some degree of reliability and trustworthiness and is of the type that reasonable persons would rely upon. … Those were all clearly related to her neck problem and were ordered by the doctors treating the Plaintiff prior to Dr. Aiken.

McDaniel v. McDaniel

670 So. 2d 767 · Louisiana Court of Appeal · Mar 6, 1996

An increase of this magnitude in the income of the payor qualifies as a substantial change in the circumstances of the parties, which will support a modification of the prior consent decree. … Since they have clearly agreed that this is an extraordinary medical expense that a provision should be made for, *773 the statute requires that it be added to the basic child support obligation.

State v. Thomas

711 So. 2d 808 · Louisiana Court of Appeal · Apr 8, 1998

Given that the physical evidence does not unresolvably contravene the victim's statements, her testimony alone is sufficient to establish penetration and the other elements of the offense. Cf. State v. … When defendant objected on hearsay grounds, asserting that the testimony did not qualify as a first report of rape and also would be cumulative, the court overruled the objection.

Joseph Palermo v. Homes and More, Inc.

Louisiana Court of Appeal · Dec 18, 2019

Here, Plaintiffs’ petition clearly identifies H&M as the general contractor hired to construct their home. … H&M clearly acted as the general contractor of the construction at issue, and as such, H&M qualifies as a “builder” under the Louisiana New Home Warranty Act, La. R.S. 9:3141, et seg. See Barnett, 970 So.2d 1028.

Malbrew v. Port Barre Mills, Inc.

96 La.App. 3 Cir. 790 · Louisiana Court of Appeal · Apr 23, 1997

The hearing officer’s assessments of the credibility of witnesses or the weight of the medical evidence is not to be disturbed unless clearly wrong. Virgil v. American Guarantee & Liability Ins. … Nevertheless, we note that the only witness qualified to testify as to mental injury or illness was Dr.

Varnado v. Sanders

477 So. 2d 1205 · Louisiana Court of Appeal · Nov 8, 1985

In the case sub judice, the evidence clearly establishes that the barbed wire fence and gate were in the care or custody of John Sanders at the time of the accident. … Clearly, the defective thing caused plaintiff's injury.

State v. Zeigler

945 So. 2d 946 · Louisiana Court of Appeal · Dec 20, 2006

Only when this is accomplished will the state be required to establish the constitutionality of the previous conviction. … These court minutes clearly show that defendant was represented by counsel when he pleaded guilty to two counts of simple burglary in 1977.

Jenkins v. Safeco Insurance Co. of America

520 So. 2d 786 · Louisiana Court of Appeal · Nov 4, 1987

Wilkerson, III, of Central Hospital, a qualified expert in internal medicine, treated Mrs. Jenkins at this time. He diagnosed her as having chemical hepatitus and thyrotoxicosis. … An appellate court can disturb an award made by the trial court only where the record clearly reveals that the trier of fact abused its great discretion. Gonzalas v.