Case law

Donald R. Modicue v. Prince Of Peace Auto Sale, LLC

Louisiana Court of Appeal · Sep 22, 2021

clearly wrong. … An appellate court may not set aside a trial court’s finding of fact in the absence of manifest error or unless it is clearly wrong. Id.

Boudoin v. Crawford and Marshall, Ltd.

709 So. 2d 798 · Louisiana Court of Appeal · Jan 14, 1998

that the finding is clearly wrong (manifestly erroneous). … This pseudo tumor is not a cancer, but involves pneumonia and immune cells that react in a benign process; these form a mass in the lung and mimic a tumor. These pseudo tumors do not require surgery.

Ehrman v. Holiday Inns, Inc.

94 La.App. 4 Cir. 0312 · Louisiana Court of Appeal · Mar 29, 1995

There is little evidence of what substances actually contributed to the slippery condition of the pavement so that we cannot conclude that the jury was clearly wrong in determining that Copeland and/or Waste Management were … 1993), the Louisiana Supreme Court held that in worker's compensation cases employer fault must be assessed by the fact finder in order to appropriately assess the fault of third party tortfeasors although the employer is immune

King v. American Tank & Equipment Corp.

144 So. 283 · Louisiana Court of Appeal · Nov 10, 1932

The rule in the great majority of states was that a foreign corporation once qualified to do business in a state by appointing a qualified agent, upon withdrawing from the state and cancelling the authority of its agent, … At the time of the contract, 'defendaht was qualified to do business in California and had appointed a local resident for service.

Donna Lacour, in her Capacity as of Succession of Johnye Mae Madden,James D. Madden and Lyda Roberts Madden v. Mary Elizabeth Chumley

Louisiana Court of Appeal · Nov 20, 2024

John McDaniel, who qualified as an accounting expert, also testified at the hearing. McDaniel indicated that he had known Mrs. Madden for many years and had helped her establish MPM. … This order clearly disposed of the motions and exceptions, but it included the following language, “Further, this Court finds that there is no just reason for delay in this matter.

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.

Pitts v. Louisiana Medical Mutual Insurance Co.

2015 La.App. 1 Cir. 0848 · Louisiana Court of Appeal · Jun 3, 2016

Because the trial court granted the JNOV and awarded damages above the statutory .cap of $100,000.00 for qualified health care providers as provided in La. … Maintaining his position that Lyric was clearly sick when she came into the emerr gency department and that she should have been transferred to a; higher level of care, Dr.

Thompson v. Gray & Co.

590 So. 2d 1318 · Louisiana Court of Appeal · Nov 22, 1991

Although Moody involved a third party suit, we believe the language and rationale of this case clearly indicates the same rule should apply with respect to attorneys' fees even where recovery is made without the filing of … To hold otherwise would establish an arbitrary distinction between cases where suit is filed and cases where recovery is made without a suit being *1322 filed.

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.

Katina Maria Guidry v. Glazer's Distributors of Louisiana, Inc.

Louisiana Court of Appeal · Nov 3, 2010

To establish a prima facie case, Guidry must show that: (1) she is a member of a protected class; (2) she was qualified for her position; (3) she suffered an adverse employment action; and (4) others outside the protected … As noted above, to establish a prima facie case of discrimination, Guidry must show that: (1) she is a member of a protected class; (2) she was qualified for her position; (3) she suffered an adverse employment decision

Grissette v. Thomas

704 So. 2d 1215 · Louisiana Court of Appeal · Nov 7, 1997

More specifically, plaintiff asserts the record establishes the walkway/driveway presented an unreasonable risk of harm. … Although he had graduated from a certified engineering college, he had not worked for an engineering firm for five years and had not qualified to sit for the licensing exam.

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.

Gray v. Brookshire Grocery Co.

93 La.App. 3 Cir. 997 · Louisiana Court of Appeal · Apr 6, 1994

A review of the record developed at the hearing before the administrative judge and adopted by the BOARD establishes clearly that an agreement between BROOK-SHIRE and GRAY existed. … Accordingly, we affirm the trial court’s finding that she left her employment for “good cause,” and therefore, she is eligible and qualified to receive unemployment benefits in accordance with LSA-R.S. 23:1601(1).

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.

Bridges v. PRODUCTION OPERATORS, INC.

2010 La.App. 4 Cir. 0905 · Louisiana Court of Appeal · Dec 8, 2010

Lesa Adair Lesa Adair, who also testified on POI’s behalf, was qualified as an expert in natural gas operations and valuation. Ms. … The evidence still further established the lack of a market for the compressor fuel where it was provided to POI.

State v. Dufrene

461 So. 2d 1263 · Louisiana Court of Appeal · Dec 28, 1984

ASSIGNMENT OF ERROR NUMBER 6: In this assignment of error, defendants contend that the trial court erred in qualifying Dr. … In light of her education and practical experience, we find that the trial judge did not abuse his discretion ruling her qualified as an expert.

Data-Core Systems, Inc. v. PVR America Inc.

200 So. 3d 388 · Louisiana Court of Appeal · Aug 10, 2016

PVR is also a Delaware corporation, and its principal business establishment was in Ruston, Louisiana. 1 Its business is locating technical services personnel for various clients and then, acting as a conduit, introducing … Furthermore, the agreement fails to clearly set forth the consequences of a “material breach,” another failure which must be construed against PVR.

AZALEA LAKES P'SHIP. v. Parish of St. Tammany

859 So. 2d 57 · Louisiana Court of Appeal · Jul 2, 2003

Clearly, at the time of the adoption of Ordinance 523 in 1971, St. Tammany had express constitutional authority to enact regulations relative to zoning. [12] This authority was self-operative and independent of Act 518. … Accordingly, we conclude that the Oak Harbor PUD qualified as an "other type of district" that is best suited to the needs of the population.

Hernandez v. State ex rel. Department of Transportation & Development

841 So. 2d 808 · Louisiana Court of Appeal · Oct 16, 2002

Hernandez clearly does not expressly qualify as an “interested person” entitled to seek a declaratory judgment to nullify her adoption. Further, the purpose of the declaratory judgment articles is delineated by La. … The testimony and evidence clearly established that immediately alongside the highway was a shoulder edge rut 5-8 inches in depth extending 35-40 feet in length.

Ricker v. Thompson

394 So. 2d 831 · Louisiana Court of Appeal · Feb 5, 1981

Winston Industries, Inc., 341 So.2d 332 (La. 1976) wherein it stated (at 334): “We do reemphasize, however, that before a Court of Appeal can disturb an award made by a trial court that the record must clearly reveal that … It is a well-established principle in awarding damages for personal injuries that the defendant’s ability to pay is one of the factors which must be considered. Smith v. Girley, 242 So.2d 32 (La.App. 1st Cir. 1970).