Case law

Boucher v. Doyal

210 So. 2d 75 · Louisiana Court of Appeal · Apr 8, 1968

In the Dickson case, supra, reinstatement was ordered by the *83 Court with back pay in accordance with established jurisprudence. Dickson v. … Clearly, therefore, the terms of LSA-R.S. 49:113 fall within the scope of supplementary law contemplated by La.Const.

Hebert v. ABBEVILLE GENERAL HOSP.

625 So. 2d 566 · Louisiana Court of Appeal · Oct 6, 1993

In approving a settlement or determining the amount, if any, to be paid from the patient's compensation fund, the court shall consider the liability of the health care provider as admitted and established where the insurer … We note that the release executed between the plaintiffs and the Hospital clearly reserves their right against the Fund.

State v. Lowery

781 So. 2d 713 · Louisiana Court of Appeal · Feb 28, 2001

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 … Clearly, the jury rejected defendant's testimony of the events that occurred over the course of almost two days.

Chicago Mill & Lumber Co. v. Lewis

76 So. 2d 625 · Louisiana Court of Appeal · Dec 1, 1954

Singer and Barnett Wallace, defendant sought to establish there was no merchantable timber on the Lewis tract in 1940. … All of these witnesses were well qualified and experienced foresters. The district court averaged the two findings to get 2.9 inches, which we think is proper.

Marta I. Garcia and Lester A. Molina Versus City of Kenner, Kenner Police Department and Ronald Bertucci

Louisiana Court of Appeal · Dec 22, 2021

Where two permissible views of the evidence exist, the fact finder’s choice between them cannot be manifestly erroneous or clearly wrong. Perez through Molina, 232 So.3d at 1273. … The purpose of this statute is to provide a qualified statutory immunity from liability to drivers of emergency vehicles, under specific circumstances. Rabalais v. Nash, 06-0999 (La. 3/9/07), 952 So.2d 653, 662.

State v. Jordan

2013 La.App. 4 Cir. 0807 · Louisiana Court of Appeal · Apr 23, 2014

The facts established in the suppression hearing do not support Mr. Jordan’s argument. Mr. … Jordan clearly intended to use the out-of-court statement for its exculpatory value. Therefore, the statement was offered to prove the truth of the matter asserted and clearly is hearsay. See La.

James Holmes, Sr. and James Holmes, Jr. v. City of Baker School Board and Ace American Insurance Co.

Louisiana Court of Appeal · Dec 12, 2019

S. 23: 1032, they qualify as " third persons" if they are legally liable to pay the employee damages because of his work- related automobile accident. … S. 23: 1032 establishes that an employers' UM insurer is a " third person" legally liable to Mr.

Daly v. Abramson

117 So. 2d 772 · Louisiana Court of Appeal · Jan 26, 1960

Otto's testimony establishes only that the unit did not comply with certain later prescribed building regulations. … Reference to Giglio's testimony clearly establishes the fact that his knowledge of the heating unit was restricted to mechanical service; that he did not deal in or install heating or air-conditioning units.

State v. Jaramillo

2006 La.App. 3 Cir. 1377 · Louisiana Court of Appeal · Mar 7, 2007

The instant case is clearly distinguishable. … Because S.N. was qualified to testify, it was up to the trier of fact to determine how "accurately" he *151 testified. Based on the foregoing analysis, the Defendant's second assignment of error is without merit.

Meyer v. Parish of Plaquemines

11 So. 2d 291 · Louisiana Court of Appeal · Dec 31, 1942

According to his petition, plaintiff qualified as assessor on January 1, 1933, and his term of office expired on December 31, 1936. … Article 3470 of the Code provides that: "There are no other prescriptions than those established by this Code and the statutes of this State now in force".

State v. Bowen

806 So. 2d 749 · Louisiana Court of Appeal · Dec 26, 2001

Sergeant Virgil McKenzie, who was qualified as an expert in the area of latent fingerprints and fingerprint comparison, testified for the State that he took a set of fingerprints from Bowen on the day of trial. … The state established that Bowen was under the influence of alcoholic beverages through the testimony of Deputy Don Grossnickle and Trooper Hodges.

Central Progressive Bank v. St. Tammany Parish Sheriff's Office

618 So. 2d 986 · Louisiana Court of Appeal · Apr 23, 1993

The pleadings, depositions, and affidavits do not clearly establish, nor does the Bank explicitly argue, if the service by St. … In Citizens Bank the court held the sheriff had a duty to appoint a qualified and competent appraiser and his failing to do so constituted negligence.

Bergeron v. Blake Drilling & Workover Co., Inc.

599 So. 2d 827 · Louisiana Court of Appeal · Mar 31, 1992

As the evidence clearly showed that the radio could not have caused or contributed to the accident, the plaintiffs attempted to establish liability on the part of Linder Energy Company through Paul Bittle, the company man … In Thompson , the court held "The evidence clearly establishes that cleaning a tank containing a highly explosive chemical is inherently dangerous.

State of Louisiana v. Landon R. Fuller

Louisiana Court of Appeal · Nov 20, 2024

An age where you clearly knew that what you were doing to these young victims was absolutely and terribly wrong. … An increased sentence alone is not sufficient to establish vindictiveness. State v. Morgan, supra, citing State v. Dauzart, 07-15 (La. App. 5 Cir. 5/15/07), 960 So. 2d 1079.

Maddox v. Bailey

146 So. 3d 590 · Louisiana Court of Appeal · May 19, 2014

that the finding is not clearly wrong (manifestly erroneous). … The trial court’s case management schedule established such an order by setting a *599 discovery cutoff date of December 10, 1997.

Paul L. Sylvester v. Michael D. Santone, Ochsner Foundation Hospital, Abc Company, and Xyz Insurance Company

Louisiana Court of Appeal · Jul 16, 2024

App. 1 Cir. 9/15/23), 375 So.3d 968, 972 (observing that “[t]he jurisprudence clearly establishes that motions to withdraw or enroll as counsel or to substitute counsel are not considered formal steps before the court in … In sum, the evidence establishes that the Email was a response to the informal requests for documentation made by Ochsner’s counsel, Ms. Sloan, during settlement negotiations.

Volentine v. Raeford Farms of Louisiana, LLC

201 So. 3d 325 · Louisiana Court of Appeal · Aug 15, 2016

Nevertheless, we find no independent evidence in the record establishes that fact. From our review of all information, we find the $94,538 claim unsupportable, or at least never clearly explained. … Miller was qualified as an expert forensic accountant and set forth his qualifications on the record.

Mosley v. Dairyland Ins. Co.

614 So. 2d 792 · Louisiana Court of Appeal · Feb 24, 1993

Clearly, under those circumstances a new policy had been issued. … The form clearly rejects UM coverage as to this one policy.

Board of Supervisors v. Villavaso

2014 La.App. 4 Cir. 1277 · Louisiana Court of Appeal · Dec 23, 2015

We find that the district court’s finding was not manifestly erroneous or clearly wrong. … However, the court also noted that the testimony and evidence introduced at trial did not establish that Villavaso was required to have any specific permits.

Karno v. Trustees of the Louisiana State Employees' Retirement System

98 La.App. 1 Cir. 1335 · Louisiana Court of Appeal · Sep 24, 1999

(the Judges), qualified for retirement under this legislation. They agreed not to seek reelection or any other judicial office in exchange for the enhanced retirement benefits provided by Act 1063. … active service, but DROP clearly envisions the continuation of active service for up to three years, if a member is to receive the full benefits of DROP.