Case law

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.

Joey Paul Guidry, Jr. v. Southern Regional Medical Center d/b/a Leonard J. Chabert Medical Center (owned by Hospital Service District No. 1 of the Parish of Terrebonne, a political subdivision of the State of Louisiana, and managed by Ochsner Health System); Ochsner Clinic Founda

Louisiana Court of Appeal · Dec 30, 2024

Lawrence argued that Plaintiff had not identified an expert who could either establish a deviation from the standard of care or causation. Dr. … Lawrence' s decision to caption his motion as a " Motion to Strike" and " Motion to Exclude" the purpose of the motion is clearly to challenge the admissibility of the expert opinion of Dr. Haber pursuant to La. C. C.

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

Drury v. American Honda Motor Co., Inc.

93 La.App. 1 Cir. 1414 · Louisiana Court of Appeal · Dec 22, 1994

You're not qualified as an ATV rider are you? A. I do not ride ATV's. *762 Q. You're not qualified as a statistician, are you? A. I'm a lawyer, that's all I'm qualified. Q. … That's because I'm qualified in evaluating exactly those kind of reports. Q. I see. A.

Williams v. Anthony

534 So. 2d 458 · Louisiana Court of Appeal · Aug 17, 1988

Three experts' testimony was offered by plaintiffs to establish the defective nature of the curve. … Lastly, the plaintiffs called Colonel Joseph Andre, who qualified as an expert on accident reconstruction.

Perrine Chaumont v. the City of New Orleans

Louisiana Court of Appeal · Jun 3, 2020

“Hearsay evidence qualifies as competent evidence if it has a degree of reliability and trustworthiness such that a reasonable person would rely upon it.” … The statements regarding the number of guests allowed and the omission of the permit number is a personal admission by Appellant, and does not qualify as hearsay.

Succession of Lacay

186 So. 2d 377 · Louisiana Court of Appeal · May 2, 1966

Her nomination of Morel to be administrator could not be given effect until her heirship and right to nominate was conclusively established. … These statutes clearly contemplate that these services shall be rendered and the fees paid accordingly only in vacant successions and in intestate successions when there is no heir present or represented in this State.

State v. Quinn

2012 La.App. 4 Cir. 0689 · Louisiana Court of Appeal · Aug 21, 2013

“Like all questions of fact, this determination is entitled to great weight and will not be disturbed unless clearly contrary to the evidence.” Id. … A stipulation was offered by the State and accepted by the defense that Officer Leary would be qualified as an expert in the field of firearms examination.

Oxley v. Sattler

710 So. 2d 261 · Louisiana Court of Appeal · Feb 18, 1998

To qualify for compensation benefits, an injured worker need only prove, by a preponderance of the evidence, that the preexisting condition was activated or precipitated into a disability by a work-related accident. … In workers' compensation proceedings, the administrative hearing officer's determination as to whether a worker has discharged his burden of proof is "not to be disturbed on appellate review unless that finding was clearly

State v. Necaise

466 So. 2d 660 · Louisiana Court of Appeal · Mar 11, 1985

Kimbell was clearly inadmissible. In State v. … Defense counsel's next contention is that the trial judge should have qualified his statement on the retreat factor. We note that defense counsel did not express this basis for objection at the trial level.

James Simmons v. Luba Worker's Comp.

Louisiana Court of Appeal · Nov 2, 2016

Unless the WCJ’s findings of fact are found to be manifestly erroneous or clearly wrong, those findings will not be set aside. Id. … The evidence established that SCI had $63,116 in taxable earnings and retained $75,950 cash in its bank account at year’s end in 2014.

State v. Carr

530 So. 2d 579 · Louisiana Court of Appeal · Jun 21, 1988

But to have this effect a prima facie case of conspiracy must have been established. … The evidence clearly established a prima facie case of conspiracy.

State v. Bailey

875 So. 2d 949 · Louisiana Court of Appeal · May 26, 2004

First, the defendant must establish a prima facie case of discrimination. … Responses by the state qualify as race-neutral unless a discriminatory intent is inherent in the prosecutor's explanation. Hernandez v.

State v. Persley

918 So. 2d 491 · Louisiana Court of Appeal · Dec 16, 2005

When the direct evidence is thus viewed, the facts established by the direct evidence and inferred from the circumstances established by that evidence must be sufficient for a rational trier of fact to conclude beyond a reasonable … As such, it argues that he was adequately qualified to offer an opinion, pursuant to La. C.E. art. 702. We agree.

Blake v. Blake

228 So. 3d 223 · Louisiana Court of Appeal · Sep 20, 2017

Blake also argués that the district court erred in denying his exception of peremption 13 because the evidence clearly shows that JjjMs. … DiMarco's vague assertion of fraud within her Petition for Lesion qualifies as the requisite "direct action” is problematic. However, in light of Mr.

Jarreau v. Hirschey

650 So. 2d 1189 · Louisiana Court of Appeal · Dec 7, 1994

It was Jarreau's burden to establish which damages were attributable to which accident. … The trial judge determined that the physical therapist was not qualified as an expert witness and rejected her disability rating based on the inadmissibility of her report.

Norton v. Argonaut Insurance Company

144 So. 2d 249 · Louisiana Court of Appeal · Jun 29, 1962

Beskin also testified that he was clearly of the impression Mrs. … The Legislature establishes the standard of care to be exercised and liability for injury resulting from violation of the standard follows.'

Meyers & Associates, Inc. v. the Coushatta Tribe of Louisiana

Louisiana Court of Appeal · Jan 27, 2016

of this assignment of error, but its argument under that assignment of error clearly establishes that these rulings are contested on appeal. 24  In this case, the … This fact, coupled with the fact that WA#2 pulled tasks from Phase 3 back into Phase 2, and thereby kept the penalty provisions viable, clearly established genuine issues of material fact concerning the appropriateness

State v. Brauner

782 So. 2d 52 · Louisiana Court of Appeal · Feb 21, 2001

Clearly, the jury believed the *64 testimony of the victim over that of defendant. Her testimony was essentially consistent about the places where the acts of sexual abuse occurred. … The rules established in this decision pertaining to this developing area are not necessarily static.

Caro v. Louisiana & Delta Railroad

94 La.App. 1 Cir. 0059 · Louisiana Court of Appeal · Nov 10, 1994

the finding is clearly wrong (manifestly erroneous). … Davey Bernard, qualified as an expert in physics. He stated that when the power was turned off in the control box, the cross arm descended in nine seconds, which is no significant delay from when the power was on.