Case law

State v. Inzina

728 So. 2d 458 · Louisiana Court of Appeal · Dec 9, 1998

Therefore, he was qualified to administer such tests. The defendant could not complete either of the physical field sobriety tests and his eyes did not track smoothly on the HGN test. … Although the area was poorly lit, the trooper testified that the fog line was clearly visible in his headlights.

Danae Marie Guillot Starks v. Bradley Dyson Starks

Louisiana Court of Appeal · Jun 27, 2018

[T]he predicate fact regarding bullet trajectory was established by two highly qualified individuals. Although it was available to him, Dr. Manion did not review the CT scan. … The correct bullet trajectory was established by two highly qualified experts, Richard Ernest and Dr.

Harvey v. Cole

808 So. 2d 771 · Louisiana Court of Appeal · Jan 23, 2002

Cox, Jr., a defense witness, was qualified as an expert in the field of accident investigation and reconstruction. … He also established that his back surgery was related to the accident. However, he did not establish that any future neck or knee surgery is related to the accident. Dr.

Plaquemines Parish Government v. W. Keith Hinkley

Louisiana Court of Appeal · Apr 22, 2020

Article II, section 1 of the Louisiana Constitution establishes three (3) distinct branches of government: legislative, executive, and judicial. … The constitution allocates the judiciary some power over the other branches through article XII, section 10(A), where it waives the State’s immunity in suits in contract and tort. See Jones v.

Brantley v. Delta Ridge Implement, Inc.

935 So. 2d 308 · Louisiana Court of Appeal · Jun 28, 2006

As the WCJ found, the medical evidence does not clearly and convincingly show that the claimant could not return to some type of employment. … Based on this information, the claimant's request for surgery was clearly reasonably controverted by Delta.

Gibsland Bank and Trust Company v. The Security Guarantee Corporation of Baltimore

Louisiana Court of Appeal · Jan 21, 2026

Clearly, Security failed to make a payment within 60 days, as required by the former R.S. 22:1973, or to make a written offer to settle within 30 days, as required by R.S. 22:1892. … Coney, 19-00795 (La. 4/3/20), 340 So. 3d 775, and the standards for qualifying an expert, La.

Wehbe v. Waguespack

720 So. 2d 1267 · Louisiana Court of Appeal · Oct 28, 1998

To qualify as scientific evidence, an inference, assertion, or opinion must be derived by scientific method. … An award for past lost earnings requires evidence as reasonably establishes the claim, which may consist of the plaintiff's own testimony.

Vigh v. State Farm Fire & Cas. Ins. Co.

706 So. 2d 480 · Louisiana Court of Appeal · Feb 11, 1998

Also, the pictures clearly show that her ankle is permanently disfigured. DISCUSSION In the instant case, Ms. … In order to qualify as a defect, the imperfection must constitute a dangerous condition or pose an unreasonable risk of injury to a prudent person exercising ordinary care under the circumstances.

Smith v. State Through Dept. of Public Safety

620 So. 2d 1172 · Louisiana Court of Appeal · Sep 28, 1992

This is a suit in tort; it is not a suit to establish the rights of ownership, possession or use of the Road. … Farrington, 490 So.2d 265, 269-270 (La.1986) as follows: No conventional servitude was ever established.

Desselle v. Acadian Ambulance Service, Inc.

11 La.App. 3 Cir. 742 · Louisiana Court of Appeal · Feb 1, 2012

Paragraph (A) establishes five initial requirements for certification, providing: A. … NUMEROSITY Generally, a class action is appropriate whenever interested parties appear to [be] so numerous that separate suits would unduly burden the courts, and a class action would clearly be more useful and judicially

State v. Williams

788 So. 2d 515 · Louisiana Court of Appeal · May 9, 2001

Henry was qualified as an expert, and testified that test tubes such as the one seized from an entertainment center at defendant's residence are used in the production of crack cocaine. … The article simply and clearly states that the trial judge shall be recused when he has been employed as an attorney in the cause.

Victorian v. Stalder

770 So. 2d 382 · Louisiana Court of Appeal · Jul 14, 2000

(e) Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion. … (e) Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion.

Lacoume v. Stulb

3 Teiss. 393 · Louisiana Court of Appeal · May 28, 1906

Stulb qualify as tutor, and to have an undertutor appointed, as it is evident that the child’s rights are being jeopardized. Besides, Mrs. … This character of evidence is clearly inadmissable. In Bush vs.

Williams v. PLACID REFINING COMPANY, LLC

2006 La.App. 1 Cir. 2152 · Louisiana Court of Appeal · Sep 14, 2007

Further, they failed to establish good cause for an expedited hearing on these motions. … Because plaintiffs failed to produce factual support sufficient to establish that they will be able to satisfy their evidentiary burden of proof at trial, plaintiffs failed to establish a genuine issue of material fact.

Smith v. Andrews

215 So. 3d 868 · Louisiana Court of Appeal · Feb 15, 2017

The testimony of Ogwyn established that no oil was brought from any other site and placed in the tanks. … The Andrewses argue this comment requires the use of equipment in the well bore in order to qualify as a “good faith operation.” The Andrewses cite numerous eases under La.

Demetria L. Robinson-Carter, Personally and O/B/O of Demetria L. Robinson-Carter, Cpa, LLC Versus St. John the Baptist Parish School Board

Louisiana Court of Appeal · Apr 3, 2024

is clearly wrong in light of the record reviewed in its entirety. … that the finding is clearly wrong (manifestly erroneous).

Brown v. Kabco Builders, Inc.

274 So. 3d 216 · Louisiana Court of Appeal · Jun 5, 2019

"Manifest disregard of the law" is an error by the arbitrator that is "obvious and capable of being readily and instantly perceived by an average person qualified to serve as an arbitrator." … Therefore, Bolton has not established that it was denied a fundamentally fair hearing before the arbitrator.

Patterson v. Alexander & Hamilton, Inc.

2002 La.App. 1 Cir. 1230 · Louisiana Court of Appeal · Apr 2, 2003

During that time, the memorandum states, he would be ineligible to receive further bonuses, would not qualify for vacation pay, but would receive his base salary. … Regarding the payment of Patterson's commissions and bonus, the trial court found Alexander & Hamilton's actions to "clearly indicate bad faith" in failing to pay these.

Brewer v. Clark

2 Pelt. 144 · Louisiana Court of Appeal · Jan 16, 1919

p 601, we read: x x x it is a firmly settled principle that parol evidence of an oral agreement alleged to have been made at the time of the drawing, making, or indorsing of a bill or note, cannot be permitted to vary, qualify … Hoover was clearly an accommodation maker and Clark received the consideration of the note.

State v. Jenkins

508 So. 2d 191 · Louisiana Court of Appeal · May 13, 1987

They clearly understood the presumption of innocence, and were confident of their abilities to hold the State to the applicable burden of proof. … In conjunction with the introduction of the pawn tickets, the State established that law enforcement officers had obtained the items from the pawn shops in Houston.