Case law

Hughes v. Scottsdale Ins. Co.

793 So. 2d 537 · Louisiana Court of Appeal · Aug 22, 2001

Nothing in evidence establishes negligence on the part of the plaintiff. Rather, the evidence establishes that Jurls bears the fault for the accident. … The record establishes that the plaintiff suffered a soft tissue injury caused by the accident. This is supported by medical testimony.

State v. Magouirk

539 So. 2d 50 · Louisiana Court of Appeal · Feb 22, 1989

He qualified his testimony by noting that the use of hair identification was not as precise as the use of fingerprint identification and that generally hair identification merely involves a process of elimination whereby … The trial court permitted the government to offer its evidence in order to establish that the defendant was responsible for the witness's death but held that the government had to establish by clear and convincing evidence

Michael E. Duronslet v. Wal-Mart Stores, Inc. and Marlin N. Gusman, Sheriff for Parish of Orleans

Louisiana Court of Appeal · Jul 27, 2022

.;3 and deprived him of his rights, privileges, and immunities guaranteed by the United States Constitution. … Thus, it qualifies as a final judgment subject to appeal under La. C.C.P. art. 1915(A)(1) even though the trial court did not designate it as such.

Carruth v. State Farm Mutual Automobile Ins. Co.

113 So. 2d 56 · Louisiana Court of Appeal · May 27, 1959

"The rule universally obtaining is clearly and succinctly stated in 45 C. … The fact that the company makes a specific inquiry of insured as to a particular matter establishes its materiality.

Clarkston v. Louisiana Farm Bureau Casualty Insurance

2007 La.App. 4 Cir. 0158 · Louisiana Court of Appeal · Jul 2, 2008

LIABILITY It is well settled that an appellate court may not disturb a trial court’s findings of fact unless the record establishes that a factual, reasonable basis does not exist and the finding is clearly wrong or manifestly … To establish such, the Clarkstons must sustain their burden under La.

Medical Review Panel for the Claim of Richard Bush, Pcf No. 2018-01209 .

Louisiana Court of Appeal · Jun 2, 2021

Plaintiff established the application of contra non valentem to the survival action but not to the wrongful death action. … In this case, evidence was introduced at the hearing on the peremptory exception of prescription; thus, the manifest error-clearly wrong standard is applicable.

In re Houston

253 So. 3d 836 · Louisiana Court of Appeal · Aug 15, 2018

Although Louisiana statutory law does not directly establish a right of self-representation in civil cases, Louisiana jurisprudence firmly establishes this right. Dixon v. Shuford , 28,138 (La. … This assignment of error lacks merit. *849 Jury verdict clearly erroneous Ms. Williams argues the jury verdict was clearly erroneous based upon the evidence, particularly a finding of gross negligence.

State v. Dominick

2013 La.App. 4 Cir. 0270 · Louisiana Court of Appeal · Jan 30, 2014

The defendant’s asserted mitigating factors clearly address his guilt or innocence in the case sub judi-ce, and are not a basis for a sentencing downward departure. … Clearly, the defendant’s objection was based upon the trial court’s denial of his motion for downward departure in case # 505-411.

Williams v. NOTAMI HOSPITALS OF LOUISIANA

927 So. 2d 368 · Louisiana Court of Appeal · Nov 4, 2005

Williams was admitted as a patient to LRMC, to admit it was a qualified health care provider under the Medical Malpractice Act, La. R.S. 40:1299.41, et seq. … The issue to be determined by this court is whether LRMC has clearly shown that an administrative remedy remains available to the plaintiff with respect to the allegations raised by the plaintiffs in their first supplemental

Landry v. Shell Oil Co.

597 So. 2d 521 · Louisiana Court of Appeal · Mar 6, 1992

Landry was qualified to receive unemployment benefits. From this determination, Shell filed an appeal to the appeals tribunal. At the hearing before the administrative law judge, Mr. … La.R.S. 23:1634 clearly states that the district court shall not receive any additional evidence. The taking of additional evidence by the district court is error. Boudreaux v.

Pennington v. Reading & Bates Construction Co.

432 So. 2d 1173 · Louisiana Court of Appeal · May 25, 1983

Employers Mutual Liability Insurance Company of Wisconsin, 245 La. 33 , 156 So.2d 468 (1963) and held that physical disability resulting solely from extraordinary mental or emotional causes qualified as an injury by accident … Causal connection was thus clearly established by a preponderance of evidence in this case. Roussel, supra.

State v. Matthews

859 So. 2d 863 · Louisiana Court of Appeal · Oct 22, 2003

PRO SE SUPPLEMENTAL ASSIGNMENT OF ERROR NO. 8: Defendant contends the trial court erred in qualifying Officer Chana Pichon as an expert in handwriting analysis. … Defendant fails to satisfy the requirements of Strickland to establish an ineffective assistance claim.

Mullins v. State

96 La.App. 5 Cir. 547 · Louisiana Court of Appeal · Dec 11, 1996

Thus, where two permissible views of the evidence exist, the fact finder’s choice between them cannot be manifestly erroneous or clearly wrong. Stobart, supra. … Plaintiffs must establish the causal connection between Mrs. McKellar’s death or lost chance of survival and the delay in her getting to the hospital, allegedly caused by Bennie Verdun’s negligent conduct.

State v. White

903 So. 2d 580 · Louisiana Court of Appeal · May 11, 2005

A trial court's decision to deny a motion to suppress is afforded great weight and will not be set aside unless the preponderance of the evidence clearly favors suppression. State v. … After a lawful stop, an officer can establish a "substantial possibility" of danger by pointing to particular facts which support such a reasonable inference. State v.

State v. Balfa

506 So. 2d 1369 · Louisiana Court of Appeal · May 13, 1987

McCormick will establish within a reasonable time the time of death, which he will establish by hypothetical questions—hypothetical questions based on what is in evidence. … Whatever way you want to qualify it Doctor, does that accurately reflect our conversation as of August of 1985? "A.

Minos Borel, Sr. v. Lafayette General Medical Center

Louisiana Court of Appeal · Dec 29, 2006

care provider is not qualified, relies solely on the joint tortfeasor theory and fails to file in district court within ninety days of notification of the non-qualified status, his claim may be barred if the qualified health … The appellate court found 11 “LeBreton and the cases following it recognize that the legislature has established special rules for prescription under the Medical Malpractice

State v. Kitterlin Creek

2002 La.App. 3 Cir. 1063 · Louisiana Court of Appeal · Feb 5, 2003

The length of that maintenance prior to 1993 is not firmly established in the record. … The 1955 document is clearly connected to the dam and flooding project.

Babin v. Babin

854 So. 2d 403 · Louisiana Court of Appeal · Jul 30, 2003

Shirley's will also established a trust for Michelle and Joey, with Debbie Smith named as trustee. … In essence, the legislature made the determination, rather than the court, that the death, interdiction, or incarceration of a parent qualified as "extraordinary circumstances."

Lalla v. Calamar, N.V.

5 So. 3d 927 · Louisiana Court of Appeal · Feb 11, 2009

While such a judgment might qualify as a partial final judgment pursuant to La. | r,C.C.P. art. 1915(B)(1), it would need such a designation by the district judge in order for a party to have an appeal of right. … At that point, if the'party opposing the motion “fails to produce factual support sufficient to establish that he will be able to satisfy his evidentiary burden of proof at trial, there is no genuine issue of material fact

Jackelyn Yanong v. Jenny Dawson Coleman

Louisiana Court of Appeal · May 17, 2021

publish his sentiments on any subject, but is responsible for abuse of that freedom. 5  Louisiana’s interest in protecting the reputations of private individuals is clearly … The existence of a qualified privilege is an affirmative defense, which must be specifically pled. Costello, supra; Wainwright, supra.