Case law

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

Meaux v. Wendy's International, Inc.

10 La.App. 5 Cir. 111 · Louisiana Court of Appeal · Oct 26, 2010

Avent observed steel connector plates on the north wall that had empty holes that were clearly intended for bolts to connect the cinder block wall to the steel structure. Dr. … The architectural plans for the restaurant clearly indicate that the north wall was supposed to be bolted to the structural steel. Dr.

Pflieger v. Haws

180 So. 2d 892 · Louisiana Court of Appeal · Nov 16, 1965

Thibodaux Boiler Works, Inc., case, supra, the opinion clearly distinguishes the applicable principle from that which was asserted by the Supreme Court in Rooney v. … The loss of wages and transportation charge are fully established by the record.

Anthony v. Georgia Gulf Lake Charles, LLC.

146 So. 3d 235 · Louisiana Court of Appeal · May 21, 2014

that the factfinder is clearly wrong or manifestly erroneous. … by the medical testimony that persons with compromised immune systems (which was the primary pre-existing condition Georgia Gulf identified) have more difficulty withstanding problems caused by exposure to toxic chemicals

Michael Ackman and Joseph F. Ackman, Jr. v. Nero Diagnostic Monitoring, LLC and David Mouton

Louisiana Court of Appeal · Nov 27, 2024

Kaufman, a qualified healthcare provider, with the Louisiana Patient’s Compensation Fund. … the finding is clearly wrong.”

Brandi Billeaudeau v. Opelousas General Hospital Authority

Louisiana Court of Appeal · Feb 7, 2018

(4) That the purpose of this Section is not to reestablish any immunity based on the status of sovereignty but rather to clarify the substantive content and parameters of … Stat. 13:5106(B)(1) unconstitutional, holding the $500,000.00 cap on general damages in a personal injury suit against the State contravened the proscription against sovereign immunity from tort liability provided for in

Anderson v. Rowan Drilling Company

150 So. 2d 828 · Louisiana Court of Appeal · Apr 17, 1963

The evidence showed that plaintiff required a period of four years' training before he could qualify as a journeyman plasterer. … The evidence in the instant suit clearly shows that no special training, experience or skill was required in order to qualify or enable plaintiff to perform the duties of his employment by defendant as a roughneck, or as

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.

Bradford v. New Orleans Police Department

2004 La.App. 4 Cir. 0788 · Louisiana Court of Appeal · Nov 23, 2004

An appellate court must utilize a “manifestly erroneous” or “clearly wrong” standard when reviewing the factual findings of the Commission. Cha-Jua, 577 So.2d 332, 335 . … The NOPD failed to provide Officer Bradford with written notice of what constitutes an “accident” and failed to establish legal cause for discipline.

Lee v. Lee

727 So. 2d 622 · Louisiana Court of Appeal · Dec 28, 1998

In Johnson , the fund was made up of salary deductions from each member (clearly community funds) and contributions from the fire department. … The record establishes Mr.

Latiolais v. Ashy Enterprises, Inc.

420 So. 2d 1288 · Louisiana Court of Appeal · Oct 13, 1982

Wetzel Printing, Inc., 390 So.2d 1318 (La.1980) the Supreme Court of Louisiana has allowed workers to obtain total permanent disability awards if they can establish that they belong to the odd lot classification. … A claimant need not be absolutely helpless to qualify for total disability status.

State v. Thomas

223 So. 3d 759 · Louisiana Court of Appeal · Jun 21, 2017

He argues that forcing him to proceed to trial with counsel, despite his clearly expressed desire to represent himself, constitutes an abuse of discretion. - The state argues that the trial court was well within its discretion … A suspension lasts from the date a qualifying motion is filed until the date the trial court rules on the motion and that relevant time period is not counted toward the two-year time limitation. State v. Lathan, supra.

Simmons v. Christus Schumpert Medical Center

71 So. 3d 407 · Louisiana Court of Appeal · Jun 15, 2011

that the factfinder is clearly wrong or manifestly erroneous. … Gongora testified that Nurse Lindsey “didn’t have very much ICU experience” and opined that Nurse Lindsey was not qualified to be working in the ICU.

State v. Nedd

647 So. 2d 346 · Louisiana Court of Appeal · Nov 10, 1994

In this case, the circumstances under which defendant used the gun during the incident with Ezola Smith are clearly part of the res gestae. … A prior inconsistent statement by a witness may be considered for impeachment purposes only, and not as substantive evidence of a defendant's guilt (unless the statement otherwise qualifies for admission as non-hearsay or

State v. Wommack

770 So. 2d 365 · Louisiana Court of Appeal · Jun 7, 2000

Next, counsel argues that the State failed to establish motive for the defendant to attack Ms. Smith. … Callaghan clearly informed the jury that current DNA testing cannot exactly match one individual's blood to a blood stain.

Collett v. Otis

80 So. 2d 117 · Louisiana Court of Appeal · Mar 25, 1955

Plaintiff then prayed for the appointment of a duly qualified surveyor “to inspect the premises aforesaid and make a survey of the two tracts with special reference to the-overlapping description , in the deeds- * * * ”, … Bernstein, 51 La.Ann. 115 , 25 So. 411, 412 , the Supreme Court through Chief Justice Nicholls clearly designated the suit as one of boundary, pure and simple.

State v. Berry

684 So. 2d 439 · Louisiana Court of Appeal · Nov 8, 1996

Expert Testimony Assignments of error thirty-two, thirty-three and thirty-four address the propriety of qualifying Ford Baker as an expert witness. The State initially tendered Mr. … The record holds nothing to support the contention that the trial court abused its discretion in qualifying Mr. Baker as an expert witness. These assignments are without merit.

Roy v. Ducote

399 So. 2d 737 · Louisiana Court of Appeal · May 27, 1981

Cognizant that many families have such limited incomes as to preclude the achievement of this goal, Congress established several programs to aid such families in acquiring suitable housing. … This authority should not be exercised except in cases where the record on its face clearly shows a lack of interest on the part of the plaintiff to institute suit.

Brannan v. Wyeth Laboratories, Inc.

516 So. 2d 157 · Louisiana Court of Appeal · Jan 29, 1988

After reviewing the testimony, we cannot say the jury was clearly wrong in its factual findings. Arceneaux, supra. … Furthermore, although several of the statements made to doctors may have been protected by qualified privilege, those made to Dr. Dunn, Szczepanski and possibly Dr.

Glen Lipsey v. Jay Dardenne, La. Secretary of State

Louisiana Court of Appeal · Nov 29, 2007

To perform its constitutional duty properly, an appellate court must determine whether the trial court’s conclusions were clearly wrong based on the evidence or clearly without … Hawkes) was a qualified voter.