Case law

State Board of Medical Examiners v. McHenery

69 So. 2d 592 · Louisiana Court of Appeal · Dec 29, 1953

"In order to clearly understand the issue presented it is helpful to refer to Vol. 31 C.J.S. … it by their testimony, and when they fail to furnish evidence clearly within their power all the presumptions of law are against them.'

Benjamin v. Zeichner

11 La.App. 3 Cir. 1524 · Louisiana Court of Appeal · Jun 27, 2012

Shamblin was licensed in both Alabama and Louisiana, and clearly qualified under La.R.S. 9:2794 D(l)(d) to provide expert testimony. Thus, Dr. … Zeichner’s potential negligence in this case, came when he was clearly qualified under the statute as an expert witness. We find therefore, that to require Dr.

Cole v. Celotex Corp.

588 So. 2d 376 · Louisiana Court of Appeal · Jan 30, 1992

Clearly, as shown by Dr. Hammond's testimony and the report itself, it is over thirty years old. Defendant cites Dartez v. … The EPA and OSHA position papers clearly fall within this exception.

Bourgeois v. Puerto Rican Marine Management, Inc.

589 So. 2d 1226 · Louisiana Court of Appeal · Nov 19, 1991

Bernard, Pettis, who investigated the scene of the accident, was qualified by the court as an expert in accident reconstruction. … Therefore, the jury clearly abused its discretion in setting the awards.

State v. Cinel

619 So. 2d 770 · Louisiana Court of Appeal · May 27, 1993

However, he also testified that he did not even consider these items until after it had been established that the State could not prosecute Cinel on the videotapes. … Again, this court should not disturb the finding of the trial court unless it is clearly contrary to the evidence which is not the case on this issue. State v. Cashen, supra .

Moore v. Crystal Oil Co.

626 So. 2d 792 · Louisiana Court of Appeal · Oct 27, 1993

The burden of proof in a motion for summary judgment is on the mover to establish that there are no genuine issues of material fact. … The 1989 amendment clearly rejected those factors.

Heindel v. Harley-Davidson Motorcycles

467 So. 2d 641 · Louisiana Court of Appeal · Apr 22, 1985

The denial of trial by jury in civil cases began with the concept of sovereign immunity which is of jurisprudential origin in Louisiana. The state is immune unless it expressly waives its immunity. … XII § 10 of the 1974 Constitution clearly abrogated governmental immunity in Louisiana in contract and tort: (A) No Immunity in Contract and Tort.

Allen v. State ex rel. Ernest N. Morial-New Orleans Exhibition Hall Authority

2000 La.App. 4 Cir. 1552 · Louisiana Court of Appeal · Mar 20, 2002

Specifically, in order to raise this defense, the Convention Center must establish the requirements as set forth in Black v. McDermott Intern. Inc., 96-2062 (La.App. 4 Cir. 4/2/97) , 692 So.2d 724 . … Allen did not clearly demonstrate an intention to acquiesce and abandon her right to appeal. See Schneider v. Mayo, 94-527 (La.App. 3 Cir. 12/7/94) , 647 So.2d 606 ; Brewster v.

Peterson v. BE & K INC. OF ALABAMA

652 So. 2d 617 · Louisiana Court of Appeal · Mar 3, 1995

Clearly, B & W and BE & K were engaged in a joint venture. … Prior to the 1989 amendment to LSA-R.S. 23:1061, the courts utilized a three-step analysis established in Berry v.

Trosclair v. Becnel

14 La.App. 5 Cir. 676 · Louisiana Court of Appeal · Sep 9, 2014

Trosclair, a duly-qualified elector in the Parish of St. … To avoid an involuntary dismissal of his action, the plaintiff must establish his claim by a preponderance of the evidence. See Christiana v. S. Scrap Recycling, 13-595 (La.App. 5 Cir. 12/27/13) , 131 So.3d 1059, 1063 .

Epps v. City of Baton Rouge

604 So. 2d 1336 · Louisiana Court of Appeal · Sep 4, 1992

because the disease itself destroys the immune system. … Epps' past earnings, clearly establish that Mrs. Epps' loss of wages from August 15, 1986 to February 15, 1987 amounted to $5,944.00. Thus, the trial court did not err in awarding these amounts.

Stonecipher v. Caddo Parish

219 So. 3d 1187 · Louisiana Court of Appeal · Apr 7, 2017

An entity must qualify as a juridical person to have the capacity to be sued. Id. In Roberts v. … They clearly are attempting to restrain action by the Cal-casieu Parish School Board.

Dileo v. Harry

238 So. 3d 549 · Louisiana Court of Appeal · Dec 13, 2017

Louisiana Supreme Court Rule XIX, Section 12, titled "Immunity," provides, in pertinent part: A. From Civil Suits. … "An appellate court may not reverse a ruling on a motion for involuntary dismissal unless it is manifestly erroneous or clearly wrong.

Ventress v. Union Pacific RR Co.

666 So. 2d 1210 · Louisiana Court of Appeal · Jan 29, 1996

We are instructed that before a fact-finder's verdict may be reversed, we must find from the record that a reasonable factual basis does not exist for the verdict, and that the record establishes the verdict is manifestly … wrong based on the evidence, or clearly without evidentiary support.

Blanchard v. City Parish of East Baton Rouge

95 La.App. 1 Cir. 2011 · Louisiana Court of Appeal · Apr 30, 1996

LSA-Const. art. 12, § 10 of the 1974 Constitution [4] clearly abrogated governmental immunity in Louisiana in contract and tort and provided, as follows: (A) No Immunity in Contract and Tort. … In this regard, LSA-R.S. 13:5105 is clearly a procedural law.

State v. MM

802 So. 2d 43 · Louisiana Court of Appeal · Aug 29, 2001

immunity. … Malloy's testimony would be clearly exculpatory and that there would be no strong governmental interests opposed to Mr. Malloy's immunity grant.

Smith v. Lombard

480 So. 2d 1077 · Louisiana Court of Appeal · Jan 3, 1986

his family elsewhere, or because, in the absence of his family, he does not maintain a domestic establishment at such place. … The record in this case clearly establishes that Mr. Lombard intended to and did maintain a residence in New Orleans. Mr. Lombard attended elementary school, high school and college in New Orleans.

Paragon Lofts Condominium Owners Ass'n v. Paragon Lofts, LLC

2009 La.App. 4 Cir. 0943 · Louisiana Court of Appeal · Feb 10, 2010

This testimony, Cement Board argues, established that Mr. … The contractor asserted, inter alia, that he was entitled to immunity pursuant to La.

Justice v. Sylvester

499 So. 2d 590 · Louisiana Court of Appeal · Dec 8, 1986

It was established that Jere Sylvester was finished with his work shift that day and that he was leaving work when this accident occurred. … We reverse, and hold that the evidence clearly demonstrates that the dismissed matter was not actually litigated nor finally adjudged.

Connor v. Scroggs

821 So. 2d 542 · Louisiana Court of Appeal · Jun 12, 2002

Clearly, the Connors' accusations were published. Any communication to a third party, absent a privilege, absolute or qualified, is considered a publication. Douglas v. Thomas 31,470 (La. … The finding that the Connors acted with malice was not clearly wrong, and the trial court did not err in determining that the qualified immunity did not apply to the Connors.