Case law

Thomas D. Frye, Et. Ux. v. Richard Ingram Ballard, M.D.

Louisiana Court of Appeal · Jan 25, 2023

If a highly qualified radiologist saw nothing significant to indicate osteomyelitis on January 6, it is even more unlikely he would have seen it earlier. The way in which Mr. … Milstead did not clearly indicate Mr. Frye had osteomyelitis.

Hilliard v. Fidelity & Casualty Co. of New York

241 So. 2d 783 · Louisiana Court of Appeal · Dec 9, 1970

We are aware of, and have considered, another established rule that the opinions expressed by the attending or treating physician should be accorded more weight than those expressed by an equally well qualified doctor who … judge, particularly those involving a determination of the credibility of witnesses and the reasonableness and truthfulness of their testimonies, should be given much weight and should not be overturned unless found to be clearly

City Life Live, L.L.C., and Marcia D. Meredith v. Post Office Employees Federal Credit Union

Louisiana Court of Appeal · May 15, 2024

clearly wrong. … Smith was well qualified to testify regarding banking matters.

State v. McKnight

739 So. 2d 343 · Louisiana Court of Appeal · Jun 25, 1999

Jordan further admitted that he received immunity in exchange for his cooperation and understood that he would not be prosecuted for any crime arising out of Matthew's disappearance and death. … The statute clearly sets forth what conduct is proscribed and what the punishment is for a violation.

Shepard v. State Farm Mut. Auto. Ins. Co.

545 So. 2d 624 · Louisiana Court of Appeal · May 25, 1989

Their responses clearly indicate that they failed to prove any physical injuries. No expert medical testimony was offered on their behalf. … To establish a `satisfactory proof of loss' of an uninsured/underinsured motorist's claim, the insured must establish that the insurer received sufficient facts which fully apprise the insurer that (1) the owner or operator

Boudoin v. NICHOLSON, BAEHR, ETC.

698 So. 2d 469 · Louisiana Court of Appeal · Jul 30, 1997

This court cannot reverse the jury's finding in favor of the Boudoins unless the record as a whole provides no reasonable factual basis for that finding and the record establishes that the finding is clearly wrong. … This argument must fail, as it is well-established that "where two permissible views of the evidence exist, the factfinder's choice between them cannot be manifestly erroneous or clearly wrong." Stobart v.

Nolan Delcambre and Patricia Delcambre v. Blood Systems, Inc.

Louisiana Court of Appeal · Feb 4, 2004

Thus, under La.R.S. 40:1299.41(A)(1), BSI is a qualified healthcare provider and any claims for malpractice would be governed by the MMA. … Application of these definitions to the case before us clearly establishes that Mr. Delcambre was not BSI’s patient at the time of his injury. He did not receive any health care or medical treatment whatsoever.

State v. Small

189 So. 3d 1129 · Louisiana Court of Appeal · Feb 24, 2016

Clearly, this evidence appropriately served to complete the story of the crime. In any event, the statements of Anderson and Det. … There has been no showing by the defendant to establish that his case is exceptional," and the' Court specifically finds that it is not exceptional.

Bouquet v. Williams

2016 La.App. 1 Cir. 0134 · Louisiana Court of Appeal · Oct 28, 2016

However, a well-established general rule under Louisiana law is that an employer is not liable for the torts committed by an individual who is an independent contractor in the course of performing his contractual duties. … Williams had the right to.provide and utilize qualified licensed drivers to perform her delivery assignments; SCI had no control over Ms. Williams’ pick-up or delivery methods; Ms.

Brenner v. Lewis

239 So. 3d 845 · Louisiana Court of Appeal · Jan 18, 2018

Likewise, the record clearly shows, and Dr. Shaneyfelt testifies, that no antibiotics were given during Judith's hospital stay or upon her discharge from the hospital. Dr. … Cellulitis often originates from an infected wound and can lead to serious illness in the elderly or those with compromised immune *853 systems." Dr.

Dombrowski v. New Orleans Saints

943 So. 2d 403 · Louisiana Court of Appeal · Aug 2, 2006

The Player Contract was found to have clearly established that when compensation is paid to a player, the club was entitled to reimbursement in the amount of the payment made to the player. … In the event that a player qualifies for benefits under this section, such benefits will be equivalent to those benefits paid under the compensation law of the state in which his Club is located. * * * Section 6.

Hebert v. Police Jury of West Baton Rouge Parish

200 So. 2d 877 · Louisiana Court of Appeal · Jun 30, 1967

This distinction is well established in the Louisiana jurisprudence in the cases cited. … Clearly this is not an assessment of publicly owned property. It is merely the establishment by mutual agreement of the contracting parties of a formula by which the rental shall be determined.

State v. Holmes

791 So. 2d 669 · Louisiana Court of Appeal · Jun 27, 2001

The court also discounted the officer's testimony about the quantity of cocaine involved in personal use versus distribution as the officer was not qualified as an expert. … These facts clearly establish probable cause for the issuance of a warrant. Accordingly, we find no merit in defendant's arguments relative to probable cause.

Yesterdays of Lake Charles, Inc. v. Calcasieu Parish Sales & Use Tax Department

169 So. 3d 689 · Louisiana Court of Appeal · May 13, 2015

The trial court found that La.R.S. 47:337.29(A)(1) contained no definition “as to what qualifies as suitable records under the statute.” … As clearly provided in La.R.S. 47:337.28.1(A), the burden is on the Clubs to prove that the assessment by the Collector “was not in compliance with the law.” Mr.

In re Discontinuance & Disposition of P.K. Smith Motors, Inc.

188 So. 3d 324 · Louisiana Court of Appeal · Mar 9, 2016

Attached to the petition was a proposed plan that called for a qualified third party, selected by shareholder agreement or by the court in the event of disagreement, to value the business for sale as a whole. … Where there are two permissible views of the evidence, the factfinder’s choice cannot be manifestly erroneous or clearly wrong. Rosell v. ESCO, 549 So.2d 840 (La.1989).

Williams v. Nelson

263 So. 3d 466 · Louisiana Court of Appeal · Dec 19, 2018

The inspector recommended an evaluation by a qualified licensed contractor. … Clearly, the letter does not state the Trustees had no knowledge regarding the condition of the property, but rather they had no knowledge of the defects plaintiffs claimed to uncover during their renovation project.

Borden v. Kansas City Southern Ry. Co.

895 So. 2d 787 · Louisiana Court of Appeal · Mar 4, 2005

for the privilege established by the portion of section 409 that is at issue in this case. … Second, the Carmody affidavit attempts to authenticate and verify DOTD documentation which was information that was clearly learned by Carmody from another source and thus beyond his personal knowledge in violation of La.

Marceaux v. Hebert

233 So. 2d 685 · Louisiana Court of Appeal · Mar 26, 1970

counsel for the defendant, that the merits of the case be submitted to the Court for decision, after submission by both counsel of pertinent instruments of acquisition to a common owner, and that the Court will appoint a qualified … The road on the north has since been abandoned and another road established on the south.

Bankston v. Alexandria Neurosurgical Clinic

583 So. 2d 1148 · Louisiana Court of Appeal · Jun 26, 1991

The minute entry of March 17, 1989 clearly establishes that the trial court sustained an exception of lis pendens, although the judgment signed on May 19, 1989 was styled as an exception of res judicata. … Bankston filed a pleading entitled "Motion and Order to Compel Qualified Providers to Comply With the Medical Malpractice Act and Provisions."

Carrollton Presbyterian Church v. Presbytery of South Louisiana of the Presbyterian Church

2011 La.App. 1 Cir. 0205 · Louisiana Court of Appeal · Sep 14, 2011

Thus, the fault for the order not being timely signed is not clearly imputable to the appellant. Since the motion and order were timely filed, the appeal will not be dismissed because the order was not timely signed. … Accordingly, the rule to show cause is hereby recalled and the appeal maintained as qualified herein. 2 Unrelated to the rule to show cause, Carrollton filed a motion to partially dismiss this appeal.