Case law

Pitzgerald v. Benevolent Knights of America of Louisiana

5 Pelt. 692 · Louisiana Court of Appeal · Nov 13, 1922

The record facts in this case as well as the testimony of the officers of the defendant -association, clearly establish a course of conduct on the part of the defendant whereby it gave the insured the right to believe that … This authority relied on by counsel for defendant in the case now before us, does not in any way qualify the consistent jurisprudence of our State, for th¡ reason that we do not consider the facts of the Kennedy cas. to be

Lemoine v. Hessmer Nursing Home

94 La.App. 3 Cir. 836 · Louisiana Court of Appeal · Mar 1, 1995

As such, the court found that the defendant was clearly deprived of an opportunity to adequately prepare a defense. In the present case, Dr. … Therefore, an appellate court may not set aside a trial court's findings of fact in the absence of manifest error or unless clearly wrong. Rosell v. ESCO, 549 So.2d 840 (La.1989).

Cart v. Ducote

490 So. 2d 731 · Louisiana Court of Appeal · Jun 17, 1986

Clearly, Shiley Laboratories, Inc. was not named as a defendant in the original petition filed October 16, 1980 nor in the original petition in this numbered *735 matter filed April 23, 1982. … Therefore, although Shiley's co-defendants are qualified "health care providers", the circumstance of their having filed proceedings pursuant to R.S. 40:1299.41 et seq. are irrelevant as concerns a determination of whether

Ark-La-Miss Timber Co., Inc. v. Wilkins

833 So. 2d 1154 · Louisiana Court of Appeal · Dec 11, 2002

We cannot say that the trial judge was clearly wrong or manifestly erroneous in making this factual determination. The evidence establishes that there is one route of legal access to the property. … Lowe, Jr., who qualified as an expert real estate appraiser.

State v. Armstrong

649 So. 2d 683 · Louisiana Court of Appeal · Apr 7, 1995

He did conclude, however, that the defendant was clearly psychotic and therefore not in touch with reality. … She also claims to be a certified clinical hypnotist and a qualified mental retardation professional.

State v. Raine

238 So. 3d 1076 · Louisiana Court of Appeal · Mar 7, 2018

A jury may accept as true the testimony of any witness, even a single witness, and find such testimony sufficient to establish each essential element beyond a reasonable doubt. … Raine guilty of second degree murder was *1083 clearly erroneous.

Graugnard v. Capital Area Transit System

2012 La.App. 1 Cir. 2025 · Louisiana Court of Appeal · Dec 20, 2013

Supreme Court set about the task of establishing a single rule for determining the appropriate limitation period for a § 1983 remedy based on a broad characterization of all § 1983 claims. … But plaintiffs’ reliance on these federal cases is misplaced because these cases are clearly factually distinguishable from the instant case.

Jerry Wayne Benoit v. Turner Industries Group, LLC

Louisiana Court of Appeal · May 4, 2011

Benoit met her burden of proof in establishing a causal link between Mr. … The WCJ was not clearly wrong in his determination that Mrs. Benoit established the causation of her husband’s occupational disease by a reasonable probability.

State v. Johnson

513 So. 2d 832 · Louisiana Court of Appeal · Sep 23, 1987

Furthermore, admissibility of expert testimony is within the discretion of the trial judge and his ruling on the qualifications of a witness will not be disturbed unless clearly wrong. State v. … Trooper Pepper, the arresting officer, was qualified as an expert in narcotics investigation, particularly cocaine, without objection from the defense.

Succession of Holbrook

2012 La.App. 1 Cir. 1655 · Louisiana Court of Appeal · Apr 26, 2013

Thereafter, the adverse party must produce factual evidence sufficient to establish that he will be able to satisfy his evidentiary burden of proof at trial. … Moreover, although the intention of the testator as expressed in the testament must govern, the intent to make a testament, although clearly stated or proved, will be ineffectual unless the execution thereof complies with

Green v. Insurance Co. of North America

275 So. 2d 425 · Louisiana Court of Appeal · Mar 6, 1973

The evidence clearly established that the injury to Mrs. Green was caused by a force generated by the lightning which entered the service line and was transmitted through the telephone system into Mrs. Green’s ear. … The equipment removed from the Green residence was examined by two independent,’ well-qualified experts, D. Z. Segall and Robert Newall.

State v. Garrison

15 La.App. 5 Cir. 285 · Louisiana Court of Appeal · Dec 23, 2015

Susan Garcia was qualified as an expert in. forensic pathology. Dr. Garcia prepared an autopsy report. … C.Cr.P. pt. 894.1 is not required where the record clearly shows an adequate Infactual basis for the sentence imposed. Id.

Williams v. International Offshore Services, LLC

2011 La.App. 1 Cir. 1240 · Louisiana Court of Appeal · Dec 7, 2012

Although this precept is qualified by In Re Gulf Fleet Holdings, wherein the court held that the public policy considerations of LSA-R.S. 23:921— unequal bargaining power and loss of livelihood — do not come into play where … However, I note that nothing has been presented to this court to establish that a final award has been confirmed.

State ex rel. C. F.

17 La.App. 5 Cir. 24 · Louisiana Court of Appeal · May 31, 2017

Ch.C. art. 1015 has been established, the court must determine whether the termination is in the child’s best interest. Id. … Johnson further testified that C.F., Jr. did not qualify for government housing assistance. Concerning C.F., Jr.’s adult sons’ foster care cases, Ms.

State v. Brown

677 So. 2d 1057 · Louisiana Court of Appeal · Jun 28, 1996

Ellisor on the "drug problem in the United States" was clearly confusing to this particular prospective juror. … Sherry Demastes, a technician from the LSPCL, was qualified as an expert in analyzing narcotics.

Regions Bank v. Kountz

931 So. 2d 506 · Louisiana Court of Appeal · May 31, 2006

A second issue raised by the assignments of error is whether summary judgment was proper where Westport failed to establish that it was prejudiced by the delayed notice. … The court concluded that it was contrary to public policy as clearly and unambiguously expressed by our legislature by that statute as well as by La.R.S. 9:5628.

State v. Harvey

598 So. 2d 715 · Louisiana Court of Appeal · Apr 28, 1992

The trial judge must determine whether the defendant has established the requisite prima facie case. … Her answers were often qualified.

McFann v. Southwestern Power Electric Co.

916 So. 2d 1277 · Louisiana Court of Appeal · Dec 14, 2005

For this reason, great deference is afforded the trier of fact in determinations of credibility, and accordingly, the “manifest error” or “clearly erroneous” standard was established to preclude any de novo review of the … He contends that Huelett was not qualified to diagnose Otis’s medical condition. In fact, Huelett made no medical determinations in the case, nor did he testify as to Otis’s medical condition.

William Cook and Renee Soileau v. Carl Swayze Rigby, M.D. and Louisiana Medical Mutual Insurance Company

Louisiana Court of Appeal · Dec 2, 2020

When a petition reveals on its face that prescription has run, the plaintiff bears the burden of establishing that the claim has not prescribed. LeBreton v. … and who have not qualified under the MMA.

Jackson v. Cockerham

931 So. 2d 1138 · Louisiana Court of Appeal · May 10, 2006

In that appeal, RTA and TMSEL argued that the self-insured retention does not qualify as a "policy" for purposes of the application of the LIGA Credit Statute, La. R.S. 22:1386. La. … Specifically, the defendants argue "the 1999 amendment to the LIGA Credit Statute did not overrule the long established precedent that self-insurers are not required to provide UM benefits."