Case law

State v. Jackson

2015 La.App. 4 Cir. 0809 · Louisiana Court of Appeal · May 25, 2016

Alexander was- panicked, he was speaking very clearly and told his mother, Yolanda Muse, he was going to die. Sergeant Baker testified that she asked Mr. … Jackson’s cell phone records when he was not qualified as an expert in that field.

De Rome A. Seals v. Joseph corona/dba Nola Automotive Repairs

Louisiana Court of Appeal · Mar 29, 2023

Corona clarified that he did not perform the repairs himself but that a “qualified technician” performed the work. Further, Mr. … that the fact finder is clearly wrong or manifestly erroneous.”

Bozeman v. State, Department of Transportation & Development

839 So. 2d 960 · Louisiana Court of Appeal · Mar 5, 2003

Medicaid is a joint federal and state program which provides payment for medical care for qualifying individuals. 42 U.S.C. § 1396a; La. R.S. 46:151; La. R.S. 46:153. … Although DHH clearly had knowledge of this suit on behalf of Tommy Bozeman, DHH never asserted its rights under La.

Klumpp v. Colonial Pipeline Co.

389 So. 2d 457 · Louisiana Court of Appeal · Sep 24, 1980

With respect to the factual issues raised by plaintiffs' complaints the evidence is clearly in plaintiffs' favor on at least one point. … Cain to be the principal team member qualified in the field of soils. Dr. Foret considered himself as a general consultant in soil disturbances, soil residues and crop damages.

Robert James Lee Guidry v. Worknet 2000, Inc.

Louisiana Court of Appeal · Aug 11, 2021

Guidry was engaged in horseplay is clearly a factual dispute. … Both parties establish Gaiennie’s status as a principal, as defined in La.R.S. 23:1032(A)(2), as well as the statutory employer of Mr. Guidry.

Daniel Milbert v. Answering Bureau, Inc.

Louisiana Court of Appeal · Dec 5, 2012

Thus, Dexcomm, if it is established it is a joint tortfeasor, is covered under the Act. … That may well be negligent, but it is clearly not medical malpractice.

Sharbono v. H & S CONST. CO.

478 So. 2d 779 · Louisiana Court of Appeal · Nov 13, 1985

All of these facts that were established at trial show that the defendants knew that plaintiff was at least partially disabled, if not totally disabled. … H & S Construction cannot now hide behind its self-insurance arrangements for immunity for penalties and attorney's fees.

Fecke v. Board of Supervisors

2015 La.App. 1 Cir. 0017 · Louisiana Court of Appeal · Jul 7, 2015

LAW AND DISCUSSION Standard, of Review The appellate court’s review of factual findings is governed by the manifest error/clearly wrong standard. … It argues that the Agreement establishes that-Ms.

Clubb v. DeKeyzer

152 So. 2d 77 · Louisiana Court of Appeal · Apr 9, 1963

The subsequent committee action cancelling ex parte the earlier adjudication is virtually immune from attack by the affected landowner, according to the appellants, because the agency’s new interpretation of its own rules … county committee empowered to act on it, which ruling did not result from any misrepresentation by the parties; where in addition such ruling was made under an interpretation of the pertinent administrative regulations not clearly

State v. Wisinger

618 So. 2d 923 · Louisiana Court of Appeal · Apr 23, 1993

An expert qualified in firearms identification concluded that the damage to the deadbolt locks was consistent with bullet holes. … The state is also required to meet the test for admissibility established in State v.

State v. Jackson

452 So. 2d 1225 · Louisiana Court of Appeal · Jun 6, 1984

Based on medical testimony which indicated that the victim would not have contracted pneumonia but for the gunshot wound, this Court held that causation had been established. … The court found that if the *1233 defendant "hastened the termination of life, or contributed, mediately or immediately, to the death, in a degree sufficient to be a clearly contributing cause, that is sufficient."

Louisiana Ins. Guaranty Ass'n v. Bernard

393 So. 2d 764 · Louisiana Court of Appeal · Dec 15, 1980

From these provisions, the court concludes that the Association is clearly a "person" insofar as the Insurance Code is concerned. … It follows clearly that Section 731 cannot be used to permit an insurer other than a domestic insurer to merge with another company.

Carpenter v. Lafayette Woodworks, Inc.

653 So. 2d 1187 · Louisiana Court of Appeal · Apr 25, 1995

The purchaser has the burden of establishing that the defect existed at the time of purchase, but was neither known or apparent to him. … Sales contends that his experience, mainly in mobile home repair, was not sufficient to qualify him as an expert in motor home repair.

Sexton v. Louisiana Vacuum Services, Inc.

506 So. 2d 780 · Louisiana Court of Appeal · Apr 14, 1987

Before an appellate court can disturb an award by a trial court, the record must clearly reflect that the trier of fact abused its discretion in making its award. … Masako Wakabayashi qualified as an expert in thermology and radiology. She testified that: Thermography is just that measurement of the heat emission pattern from the body.

Knighten v. Knighten

447 So. 2d 534 · Louisiana Court of Appeal · Feb 21, 1984

Once this agreement was reached, appellant qualified as curatrix of the interdict and pursued the personal injury claim. That claim was eventually settled. … The curatrix has failed to establish she was entitled to a mandatory continuance under C.C.P. 1602.

State v. Marino

15 La.App. 5 Cir. 723 · Louisiana Court of Appeal · May 12, 2016

However, the claim did not contain the mandatory averments, with the requisite specificity, to qualify as a valid claim under La. R.S. 40:2610 B(l)-(7). … C.C.P. art, 963 provides in part that "If the order applied for by written motion is one to which the mover is not clearly entitled, or which requires supporting proof, the motion shall be served on and tried contradictorily

State v. Coleman

756 So. 2d 1218 · Louisiana Court of Appeal · Apr 5, 2000

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 … The statements of the defendant are clearly admissible, beyond a reasonable doubt.

Coleman v. Coleman

87 So. 3d 246 · Louisiana Court of Appeal · Feb 29, 2012

Williams was qualified as an expert in addiction medicine and testified on behalf of Ed. Dr. Williams interviewed only Ed — not Laura or Emma — and, therefore, could not offer a recommendation on custody. … Accordingly, a trial court’s determination in the establishment or modification of custody is entitled to great weight and will not be reversed on appeal unless an abuse of discretion is clearly shown. Mayo v.

Martin v. ANR Pipeline Co.

2011 La.App. 1 Cir. 0751 · Louisiana Court of Appeal · Aug 23, 2011

R.S. 30:551(A) and qualified as public service companies under La. R.S. 47:1851(K). … Each assessor shall give notice of such exposure for inspection in accordance with rules and regulations established by the Louisiana Tax Commission.

State v. Morgan

779 So. 2d 17 · Louisiana Court of Appeal · Jan 17, 2001

Marc Zimmerman was qualified as an expert in the field of forensic psychology. Dr. … Richard Richoux, qualified by stipulation as an expert in the field of forensic psychiatry, examined defendant on August 25, 1998. He heard Dr.