Case law

Covington Golf & Recreation Park, Inc. v. Keating

244 So. 3d 14 · Louisiana Court of Appeal · Mar 7, 2018

Nevertheless, "[i]ntentionally tortious actions, ostensibly performed for a client's benefit, will not shroud an attorney with immunity. … a trial court's factual conclusion, the appellate court must satisfy a two-step process based on the record as a whole: there must be no reasonable factual basis for the trial court's conclusion, and the finding must be clearly

Hooker v. Wal-Mart Stores, Inc.

867 So. 2d 869 · Louisiana Court of Appeal · Mar 3, 2004

Such evidence can qualify as "competent evidence," provided that the evidence has some degree of reliability and trustworthiness and is of the type upon which reasonable persons would rely. … The medical evidence altogether is sufficient to establish a compensable "objective" injury as contemplated by La. R.S. 23:1317(A). Wal-Mart provided no evidence that Hooker was not injured. Dr.

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

Robinson v. Vanguard Ins. Co.

468 So. 2d 1360 · Louisiana Court of Appeal · Apr 16, 1985

It is further conceded that the evidence establishes that the tank involved in this particular suit was ordered by phone from Louisiana. … It should make no difference how the order was received when the foreign corporation attempts and does considerable business within the borders of this state and fails to comply with the law of qualifying to do business within

Ward v. La. & Ark. Ry. Co.

451 So. 2d 597 · Louisiana Court of Appeal · Apr 30, 1984

We conclude this factual determination was not clearly wrong. … Melvin Harju who qualified as an expert economist at trial. Dr. Harju testified to the mean earnings which a female of Sandra's age could expect to earn over her lifetime given the relevent social data.

Vermilion Hosp., Inc. v. Patout

5 La.App. 3 Cir. 82 · Louisiana Court of Appeal · Jun 8, 2005

Nothing in Vermilion's petition suggests that it qualifies as a consumer of any services provided by these defendants. … Clearly, this would provide a reasonable basis for its refusal to accept Vermilion's proposal.

Pennison v. Carrol

167 So. 3d 1065 · Louisiana Court of Appeal · Apr 24, 2015

The record clearly establishes a substantial amount of evidence to support the imposition of liability against defendants for Henry’s fault. … Lalonde’s testimony, defendants assert that $5,748.00, the amount of his fee related to an ankle fusion he stated Barry would probably need, was the only future medical expenses clearly established. And because Dr.

Krueger v. Tabor

546 So. 2d 1317 · Louisiana Court of Appeal · Jun 28, 1989

Odiorne, duly qualified liquidator for the Texas State Board of Insurance, was appointed permanent receiver of Texas Fire in the proceeding entitled "The State of Texas v. … Clearly, the claims of Krueger v. Tabor and Curtis v. Tabor can be severed and tried separate and apart from the claims of Tabor v. Phares and Lites. La. C.C.P. art. 1038 [2] ; Herb's Machine Shop, Inc. v.

State v. Quantex Microsystems, Inc.

809 So. 2d 246 · Louisiana Court of Appeal · Jul 3, 2001

The exhibits qualify as "textual materials" within the meaning of Rule 2-15.4(a). However, Rule 2-15.4(a) only allows the deposit of such textual materials when requested by the appellate court. … Quantex's service guide clearly represents to buyers of its computer products that it may provide service for defective hardware parts for one year from the date of purchase.

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.

Haynes v. Calcasieu Medical Transp., Inc.

702 So. 2d 1024 · Louisiana Court of Appeal · Oct 29, 1997

Moreover, when more than one competing view is permissible, as in this case, a fact finder's choice cannot be manifestly erroneous or clearly wrong. Rosell v. … Once a breach of duty constituting malpractice is established, the question of whether the malpractice contributed to the death, i.e., lessened the chance of survival, is a question of fact for the jury.

Hubbard v. Oswalt

169 So. 3d 760 · Louisiana Court of Appeal · Jun 24, 2015

By letter dated February 18, 2010, the Patient’s Compensation Fund (“PCF”) informed Oswalt that each of the medical malpractice defendants was a qualified health care provider and that, by statute, he had 45 days, or by April … May 5, 2015): It is well settled that a court of appeal may not set aside a trial court’s or a jury’s finding of fact in the absence of “manifest error” or unless it is “clearly wrong,” and where there is conflict in the

Alan Byargeon v. Concordia Chamber of Commerce

Louisiana Court of Appeal · Mar 16, 2016

The statute does not create an unqualified immunity against negligent acts perpetrated by any member of an unincorporated association. … The deputies were clearly acting in a law-enforcement capacity in providing traffic control for the private event.

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.

State of Louisiana v. Donald J. Reaux

Louisiana Court of Appeal · Mar 14, 2024

“[I]f an alleged error falls ‘within the ambit of trial strategy’ it does not establish ineffective assistance of counsel.’ ” Id., 2015-0454, pp. 11-12, 177 So.3d at 368 (citations omitted). … Nonetheless, he is not permitted to rebut the presumption that his life sentence is constitutional: [t]o rebut the presumption that the mandatory minimum sentence is constitutional, a defendant must clearly

Thompson v. Tuggle

486 So. 2d 144 · Louisiana Court of Appeal · Mar 18, 1986

It is well established that before an appellate court can disturb a trial court's award of damages, the record must clearly show that the trier of fact abused its discretion. Coco v. … Plaintiffs' expert was qualified in the field of engineering and in safety design, but it is clear from the record that he had no experience in the field of chain saw design per se.

State v. Ray

2010 La.App. 4 Cir. 1126 · Louisiana Court of Appeal · Jun 29, 2011

Munn’s back clearly refutes this allegation. Also, the jury unanimously found that the actions of Ray were not justified. … Therefore, the sentence was clearly within the sentencing range.

Williams v. City of Baton Rouge

715 So. 2d 15 · Louisiana Court of Appeal · Apr 30, 1998

We cannot say that finding is manifestly erroneous or clearly wrong. … ' rights, privileges or immunities secured by the Constitution or laws of the United States; and (3) the conduct was the consequence of the "policy or custom" of the City/Parish.

Children's Hospital v. Ken Schnauder, in his official capacity as Executive Director of the Louisiana Patient's Compensation Fund and the Louisiana Patient's Compensation Fund Oversight Board and Jontrell Robinson

Louisiana Court of Appeal · Dec 21, 2020

Louisiana Revised Statutes 40: 1231( A)( 1)( c) establishes the amount and time period within which a medical malpractice claimant must pay a filing fee with the PCF: 3 A claimant shall have forty-five days from … The duties of the PCF Board are clearly mandatory duties of a clerical nature to facilitate the panel process.

Burrow v. Delta Container Corp.

923 So. 2d 158 · Louisiana Court of Appeal · Nov 29, 2005

However, the court ultimately ruled that Frenzel was qualified to testify as an expert. … We note there is nothing in the record to establish that Burrow smoked marijuana on the date of, or on the night before, the accident.