Case law

Halley v. First Financial Bank

506 So. 2d 169 · Louisiana Court of Appeal · Apr 9, 1987

A true loan situation, where the fiduciary clearly has distinct personal debts and attempts to secure these with the principal’s property, did not arise from the bank s point of view. … Nothing in the record establishes that the bank had received notice of such restrictions.

Fontenot v. Wal-Mart

8 La.App. 3 Cir. 158 · Louisiana Court of Appeal · Mar 4, 2009

Fontenot's immune system. The Corvel case manager even wrote a toxicologist regarding this issue, but never received a response. A consulting physician, Dr. … Stubbs did not make a diagnosis related to self injury and explained that he was not qualified to do so. He stated, however, that he was concerned that Mr. Fontenot was injuring himself after the second surgery.

Ashley Pyatt v. Calcasieu Parish Sheriff's Office

Louisiana Court of Appeal · May 6, 2009

He claims that the trial court erred in not striking the affidavits of Judge Minaldi and the arresting officer; in relying on those for his decision; in ruling that the CPSO had qualified immunity; in finding no bad faith … Thereafter, if the adverse party fails to produce factual support sufficient to establish that he will be able to satisfy his evidentiary burden of proof at trial, there is no genuine issue of material fact.

McConathy v. Ungar

765 So. 2d 1214 · Louisiana Court of Appeal · Aug 23, 2000

Further, Ungar's motion asserted that the communication was subject to a privilege, either absolute or qualified, and thus was not actionable. … Moreover, even that group of decision makers, who acted for this large national corporation, is not clearly identified and understood to be defamed personally by the Letter.

Perez v. State, Through DOTD

578 So. 2d 1199 · Louisiana Court of Appeal · Apr 23, 1991

The failure of DOTD to reconstruct the State's highways to meet current standards does not establish the existence of a hazardous defect. Myers, 493 So.2d at 1170 ; Kyle v. … Under these circumstances the trial court was not clearly wrong in assessing 10 percent comparative fault to Mr. Perez.

Edmundson Bros. v. Montex Drilling Co.

731 So. 2d 1049 · Louisiana Court of Appeal · May 5, 1999

This is clearly shown by the statement of Mr. Justice Van Devanter, who was a circuit judge, in the case of Brewster v. … David Schell, qualified as an expert geologist, testified on behalf of the Plaintiffs.

Heather Miley Cloud v. Tom Schedler in His Official Capacity as Secretary of State, State of La.

Louisiana Court of Appeal · Dec 3, 2014

factual finding, the exercise of this power has been limited by the jurisprudential rule that a trial court's factual findings will not be upset unless they are manifestly erroneous or clearly … It also provides the circumstances for immunity from prosecution.

SHANNON CLEMENT VERSUS DUSTY J. REEVES Consolidated With JESSICA VIDRINE VERSUS LAFAYETTE PARISH CONSOLIDATED GOVERNMENT Consolidated With CHRISTINA CHAU VERSUS DUSTY J. REEVES

Louisiana Court of Appeal · Jun 28, 2006

Thereafter, if the adverse party fails to produce factual support sufficient to establish that he will be able to satisfy his evidentiary burden of proof at trial, there is no genuine … Clearly, LCG was provided with immunity from negligence in its efforts to remedy the effects of Hurricane Lili during the state of emergency absent a showing of willful misconduct. Castille v.

Benoit v. MacO Mfg.

93 La.App. 1 Cir. 0396 · Louisiana Court of Appeal · Mar 11, 1994

The court in Carruthers , noted that special rules for proof of causation were established in these type cases because heart attacks and strokes are ordinarily the result of natural physiological causes, rather than trauma … Testimony by experts If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill,

Detillier v. Sullivan

714 So. 2d 244 · Louisiana Court of Appeal · May 27, 1998

Ehrlich, a West Point graduate with advanced degrees from Purdue and Michigan universities and a fellow in the Society of Automotive Engineers, was qualified as an expert in mechanical and automotive engineering, body kinematics … There are definitely two permissible views of the testimony and evidence here; consequently, the jury's choice can't be clearly wrong. ASSIGNMENT NO. 5 The jury apportioned 49 per cent fault to Small.

Succession of Harrison

183 So. 3d 579 · Louisiana Court of Appeal · Nov 18, 2015

These actions clearly demonstrated Mr. Harrison’s dona-tive intent to irrevocably divest himself of the money and established that there was actual delivery of the cash to Ms. Speed. … It also contains no evidence that he has any mental incapacity or physical infirmity to otherwise qualify as a forced heir. Accordingly, we find that the trial court properly dismissed Mr.

Harris v. Jefferson Parish President & Parish Council

12 La.App. 5 Cir. 715 · Louisiana Court of Appeal · May 23, 2013

Considering the foregoing, we find the Board did not have authority to rule on the constitutionality of the Tenure Award Program, as established by parish ordinance. … It is hoped the Parish Council will see fit to extend the 2011 tenure award to all employees who otherwise would have qualified for it. .

O'BANNON v. Azar

435 So. 2d 1144 · Louisiana Court of Appeal · Jul 8, 1983

The burden of proof required of the plaintiff is to establish paternity by a preponderance of the evidence. Succession of Washington, 308 So.2d 892 (La.App. 1975). … Hegre, and found that Dr. deJongh was not qualified as such. However, the court informed the plaintiff that she could call Dr. Bryant back to testify to reaffirm his findings.

Murray v. City of Baton Rouge

962 So. 2d 512 · Louisiana Court of Appeal · Aug 22, 2007

Thereafter, if the adverse party fails to produce factual support sufficient to establish that he will be able to satisfy his evidentiary burden of proof at trial, there is no genuine issue of material fact. La. … They both testified that she was hired as an Economic Development Specialist rather than as a Planner III, which was an open position, because she did not qualify as a Planner III.

Pitre v. Roberie

117 So. 2d 74 · Louisiana Court of Appeal · Dec 21, 1959

left the scene of the accident with the Mercury automobile, the parking lights had been turned on on the latter and both taillights were burning, and the wrecker and the taillights on the Mercury could be seen plainly and clearly … The testimony does not substantiate or bear out counsel's contention, and we are firm in our opinion that the facts do not bring it within the exception to the general rule established by our jurisprudence, a citation of

Kennedy v. Sheriff of East Baton Rouge

899 So. 2d 682 · Louisiana Court of Appeal · Mar 24, 2005

Malice or other fault is established where a defendant has acted with a reckless disregard for the truth. See Johnson v. … The public has an interest in possible criminal activity being brought to the attention of the proper authorities, and remarks made in good faith setting forth well-founded charges are clearly privileged. Simon v.

State v. Stewart

530 So. 2d 1263 · Louisiana Court of Appeal · Aug 17, 1988

LSA-R.S. 15:470 provides: No juror, grand or petit, is competent to testify to his own or his fellows' misconduct, or to give evidence to explain, qualify or impeach any indictment or any verdict found by the body of which … Where the record clearly shows an adequate basis for the sentence imposed, remand is unnecessary even where there has not been full compliance with article 894.1. State v. Lanclos, 419 So.2d 475 (La.1982).

In re State

240 So. 3d 310 · Louisiana Court of Appeal · Feb 21, 2018

Appellate courts may not reverse findings of the trial court unless manifestly erroneous or clearly wrong. Id. … He further argues that there was nothing in the record to establish that the consent to search the vehicle was voluntary.

Grant v. Grant

734 So. 2d 68 · Louisiana Court of Appeal · Apr 1, 1999

Plaintiff first argues that a provisional trustee is required because defendant was not given authority under the trust to appoint successive co-trustees and that a qualified trustee is not currently serving. … After reviewing the record, we cannot say the trial court was clearly wrong in finding that the plaintiff knowingly waived her objection to the conflict of interest.

Fleming Irr., Inc. v. Pioneer Bank & Trust Co.

661 So. 2d 1035 · Louisiana Court of Appeal · Aug 23, 1995

Not only that, a writing cannot qualify as a credit agreement if parol evidence must be received in order to establish that status. Id. Instead, the written agreement must be perfect and complete within itself. Cf. … Here, as previously stated, the trial court clearly erred in failing to grant summary judgment in favor of Pioneer and, also, in calling upon a jury to determine whether the SBA documents constituted a written credit agreement