Case law

Guidry v. USAgencies Casualty Insurance Co.

2016 La.App. 1 Cir. 0562 · Louisiana Court of Appeal · Feb 16, 2017

And that establishes that the plaintiff was ... not in the business of Venture.... And that the bobtail coverage did in fact apply—the Hudson policy. … And the contract clearly did not provide for the return mileage.

State v. Tensley

955 So. 2d 227 · Louisiana Court of Appeal · Apr 4, 2007

Aristoteles Pena-Miches, qualified by the court as an expert in pediatric neurology, testified that he treated Tensley's five-month-old child at St. Francis Hospital on April 18, 2003. Dr. … Despite Falcon's involvement with another woman, the evidence clearly establishes that he was unemployed, resided in the house with Tensley and independently maintained routine custody of the child.

Maines v. Home Insurance Co.

322 So. 2d 320 · Louisiana Court of Appeal · Nov 6, 1975

Buerlot qualified his opinion as to his ability to return to work on December 17, 1973, by testifying as follows: “ ‘I don’t think that he could do the heavier things that you mentioned, no. … “The evidence in this case clearly establishes that Mr. Maines was required to perform heavy labor, including the carrying of approximately sixty pounds of weight and at times over rough terrain. Dr.

State of Louisiana v. Anthony N. Green Sr.

Louisiana Court of Appeal · Oct 8, 2025

From the outset, we note that the above testimony establishes all the elements to support a conviction of first degree rape. … As this Court previously stated, “Clearly, the victim’s identification of [D]efendant as the person who raped her is relevant.” Green, 2023-0253, p. 7, 371 So. 3d at 507.

State v. Mazique

9 La.App. 5 Cir. 845 · Louisiana Court of Appeal · Apr 27, 2010

C.M. saw Mazique clearly on the video, and she thought the female looked like T.J., but, since the female was bent over, she had to ask T.J. if that was her. … DEVILLE’S TESTIMONY Mazique argues that the trial court erred when it qualified Ms. Deville as an expert witness.

Morrison v. Kappa Alpha Psi Fraternity

738 So. 2d 1105 · Louisiana Court of Appeal · May 7, 1999

Considering the above, we cannot say the jury was clearly wrong or manifestly erroneous. … Just as the evidence in Walker, supra, established that the National Fraternity clearly prohibited hazing, the record in the instant case reveals that Kappa National clearly prohibits hazing and has done so since 1949.

State of Louisiana v. Chad Lightfoot

Louisiana Court of Appeal · Sep 28, 2022

The trial court qualified Officer Bell as an expert in identification of latent prints. The State introduced into evidence the following documentation: a certified conviction record from St. … A trial court has broad discretion in imposing a sentence within statutory limits and, as such, “a reviewing court can only set it aside if it is clearly excessive, rather than because another sentence might have been appropriate

Foster v. Pinnacle Entertainment, Inc.

193 So. 3d 288 · Louisiana Court of Appeal · Apr 27, 2016

Vanderbrook is only a civil engineer and not a biomechanical expert and is thus not qualified to give “an expert opinion on how the human body would react when acted upon by external forces.” Also, Ms. … She further argues that the photographs “clearly illustrate that the tile crack is very severe,' very large, and had been there for a lengthy period of time,” and thus that provides circumstantial evidence that a genuine

Morton M. Goldberg Auction Galleries, Inc. v. Canco, Inc.

94 La.App. 4 Cir. 0734 · Louisiana Court of Appeal · Jan 31, 1995

The jurisprudence addressing business interruption losses has established two rules, application of which depends on whether the business continues to operate following the incident in question. … Plaintiff alleges that as a result of the flood, it had reduced capital on hand and thus could not qualify for a loan from a bank to finance its *808 purchasing trip.

DERRY LABORDE VERSUS KIRBY M. PECOT Consolidated With KENYAWN AUGUSTINE VERSUS NEW HORIZON KIDS QUEST, IV, INC. Consolidated With KENYAWN AUGUSTINE VERSUS KIRBY M. PECOT Consolidated WithL

Louisiana Court of Appeal · Nov 2, 2006

While we recognize that these articles, which substantially impede the ability of an injured party to obtain full recovery of his damages, are in derogation of established rights and are to be strictly construed … Neither did Dumas involve the question of an actor who is beyond the jurisdiction of the court due to sovereign immunity.

Carr v. Oake Tree Apartments

786 So. 2d 230 · Louisiana Court of Appeal · May 9, 2001

He argues that the evidence establishes the presence of the sewage sludge from the treatment plant in his pond. … Where two permissible views of the evidence exist, the fact-finder's choice between them cannot be manifestly erroneous or clearly wrong. Stobart v.

Matthew Morrison v. New Orleans Police Department

Louisiana Court of Appeal · Jul 13, 2022

Nor was any other witness called to testify and establish that any such visual observation occurred. … Revealing undergarments alone in the course of a search does not qualify as a strip search or a body cavity search.19 Second, the suspect was wearing multiple pairs of pants; and before Sgt.

State v. Rhodes

552 So. 2d 585 · Louisiana Court of Appeal · Nov 1, 1989

Identification need not be absolute, certain or wholly qualified. Where there is some evidence for identification purposes, objection to the sufficiency goes to the weight rather than admissibility. … Such credibility determinations are well within the jury’s province and will not be disturbed on appeal, as they are not clearly contrary to the evidence. State v. Scott, supra.

Advanced Property Restoration Services, LLC v. Continental Casualty Company

Louisiana Court of Appeal · Oct 27, 2025

Applying Louisiana law to the same definition of “property damage”, courts have found purely economic losses do not qualify as “property damage” to trigger policy coverage. See CMP Coatings, Inc. v. … APRS failed to establish it sustained “property damage” as defined in the policy.

Duane v. Toye Bros. Yellow Cab Company

148 So. 2d 451 · Louisiana Court of Appeal · Jan 7, 1963

In this case, however, as I view the evidence, the taxicab driver cannot qualify under the prudent driver rule. … This action must be followed by a careful appraisal of traffic on the right of way street and no entry should have been made therein unless conditions clearly warranted it. Harrell v.

State in the Interest of Lw, Jw & Lw

Louisiana Court of Appeal · Jun 3, 2009

Adkins’ experience and qualifications, he clearly possesses an expertise in providing assessments in cases involving parental fitness. … The first element of Article 1015(5) is clearly established based on facts in the record revealing that the children were in State custody for more than one year when the termination trial was held and the judgment granting

Smith v. City Bank & Trust Co.

271 So. 3d 263 · Louisiana Court of Appeal · May 1, 2019

This termination of prosecution raised a presumption in favor of Smith establishing elements four and five. … The trial court did not address this issue, but a remand is unnecessary in light of the jurisprudence we have cited herein which clearly holds damages here are presumed.

State v. Brown

513 So. 2d 425 · Louisiana Court of Appeal · Sep 23, 1987

The testimony of the witnesses, and of the defendant in particular, clearly establishes the requisite intent to damage the residence of Violet Banks out of frustration over his marital problems. … However, in the absence of qualifying provisions, the terms "intent” and "intentional” have reference to "general criminal intent." LSA-R.S. 14:12.

MacK v. Transport Insurance Company

577 So. 2d 112 · Louisiana Court of Appeal · Mar 5, 1991

Further, appeals are favored and penalties for frivolous appeal will not be imposed unless they are clearly due. Fisk v. Mathews, 525 So.2d 223 (La.App. 1st Cir.1988); American Supply Co. v. … with any other person for damages attributable to the fault of such other person, including the person suffering injury, death, or loss, regardless of such other person's insolvency, ability to pay, degree of fault, or immunity

State v. Tucker

619 So. 2d 1076 · Louisiana Court of Appeal · Apr 23, 1993

These statements were clearly hearsay and were thus inadmissible. La.Code Evid. arts. 801(C) and 802. … In order to establish that error was harmless in this case, the State must prove that the admission of improper hearsay did not contribute to defendant's conviction. Arizona v.