Case law

Donna Gr v. James Br

877 So. 2d 1164 · Louisiana Court of Appeal · Jul 2, 2004

Finally, the trial court ordered that the children's "future performance be evaluated on an at-least-a-semester basis by a qualified educator, and not by the home school teacher." … The trial judge's finding of fact on the issue of fault will not be disturbed unless it is manifestly erroneous or clearly wrong. Id.

Scamardo v. New Orleans Stevedoring Co.

595 So. 2d 1242 · Louisiana Court of Appeal · Mar 17, 1992

"Manifestly erroneous in its simplest terms," means "clearly wrong". We said, then, that the appellate court should not disturb such a finding of fact unless it is clearly wrong. Also see Watson v. … In its third assignment of error, Flanagan contends the trial court erred in awarding excessive lost wages from the date of the accident when the evidence established Mr.

Asbestos v. Bordelon, Inc.

726 So. 2d 926 · Louisiana Court of Appeal · Dec 9, 1998

Did any of these tests indicate results that exceeded the threshold limit values or the PELs established by OSHA? A. Sir, first of all, OSHA does not establish a threshold limit. … Laborde's complaints of shortness of breath to his smoking history and his medication from a liver transplant in 1990 which reduced his immune system. Although Dr.

State v. Johnson

266 So. 3d 969 · Louisiana Court of Appeal · Mar 13, 2019

Finally, Louisiana follows the general rule that a constitutional provision or amendment has prospective effect only, unless a contrary intention is clearly expressed. State v. … During the trial of Horatio Johnson, Bradley's attorney told the judge that Bradley had been offered use and derivative use immunity, but defense counsel refused the offer because the immunity document did not offer protection

Looney v. Looney

536 So. 2d 728 · Louisiana Court of Appeal · Dec 14, 1988

. *729 Plaintiff and defendant were married on May 31, 1975 in Lake Charles, Louisiana, where they established their matrimonial domicile. … Patricia Post, Ph.D., that the children’s educational needs can be best served by having a qualified, trained educator providing the educational needs of the minor children.

McDaniel v. Carencro Lions Club

2002 La.App. 3 Cir. 1244 · Louisiana Court of Appeal · Mar 12, 2003

The City was clearly in a superior position to prevent the accident. See, Maldonado v. … The testimony established during the concert the City had full control of the stage area including lighting and sound.

State v. Odom

878 So. 2d 582 · Louisiana Court of Appeal · Apr 2, 2004

At this point defense counsel objected to the testimony on the ground that the witness was not qualified to testify as an expert. … NOTES [1] The state filed a bill to establish habitual offender status and defendant pled not guilty.

Simoneaux v. Amoco Production Co.

860 So. 2d 560 · Louisiana Court of Appeal · Dec 4, 2003

The jurisprudence has established the standard for issuance of a JNOV, and for review of a granted JNOV. … Because a reasonable jury could clearly have found that only one site required remediation and the cost of that cleanup was $375,000.00, the judge was not empowered to substitute his own evaluation of the evidence to overturn

Mears v. Stanley

23 So. 3d 318 · Louisiana Court of Appeal · May 6, 2009

That fact was established by Fruge himself. Nothing in the policy limited its coverage to business use of the vehicle. … Although Stanley clearly started out his work activity in the company vehicle, he was allegedly forced to use a truck owned by his father (the second vehicle) due to a gas shortage following Hurricane Rita.

Claborne v. Housing Authority of New Orleans

165 So. 3d 268 · Louisiana Court of Appeal · Apr 15, 2015

This court recognizes them as competent, experienced, qualified, and generally able to conduct the proposed litigation most vigorously. … The definition adopted by the trial court establishes that the class is clearly and objectively defined based on defendants’ affirmative duties and obligations as a lessor, and it sufficiently links defendants’ breach of

State v. Delaney

965 So. 2d 642 · Louisiana Court of Appeal · Oct 10, 2007

However, assuming it was such an "act," Defendant's watching or showing the videos to his son was clearly not "lewd and lascivious" under Louviere [ State v. … If "french kissing" does not qualify as attempted indecent behavior with a juvenile, we cannot say watching sexually-explicit videos qualifies.

State v. Ladd

2015 La.App. 4 Cir. 0772 · Louisiana Court of Appeal · Apr 13, 2016

Johnson, 97-1906 (La.3/4/98), 709 So.2d 672 , the Louisiana Supreme Court established the standard of review to be used in determining whether the trial court properly imposed under the Dorthey case a sentence less than the … This result is clearly within the intent and spirit of Dorthey and subsequent jurisprudence. Furthermore, we find that La.

State v. Aaron

57 So. 3d 365 · Louisiana Court of Appeal · Jan 12, 2011

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 … In this case, the trial court clearly did not abuse its discretion.

Linda Mouton v. Aaa Cooper Transportation

Louisiana Court of Appeal · Jul 18, 2018

[T]he district court properly found that Gillen was qualified to testify concerning the standards set forth by the MUTCD and properly admitted the expert testimony of Gillen, who is qualified by experience … Despite this brutal cause of death, it was established that Mr. Mouton survived the crash for some period of time.

State v. A.D.L.

92 So. 3d 989 · Louisiana Court of Appeal · May 2, 2012

Art. 507 hearing to Establish Validity of State’s Subpoenas,” wherein it sought to establish the validity of the subpoenas issued to Judge Donald Hebert, who was the trier of fact at Defendant’s trial, and to trial counsel … Nonetheless, if a defendant is tried and convicted by a judge when clearly entitled to a jury, the record must show that a jury was knowingly and intelligently waived.

Iles v. Ogden

2009 La.App. 4 Cir. 0820 · Louisiana Court of Appeal · Mar 31, 2010

Muekley’s testament admitted to probate was clearly a Louisiana testament meeting the requirements of Louisiana law that established its validity. Specifically, however, La. … The last witness for the plaintiffs was Stuart Wood, Ph.D., who was qualified as an expert in forensic economics. Dr.

State v. Hughes

865 So. 2d 853 · Louisiana Court of Appeal · Dec 31, 2003

Clearly, by reading the statute verbatim, the trial court informed the Defendant of the basic elements of negligent homicide. … I have carefully reviewed the record and my position is consistent with precedent and established jurisprudential tenets.

State v. Dickerson

772 So. 2d 845 · Louisiana Court of Appeal · Oct 31, 2000

Daniel Waguespack (Waguespack), a forensic scientist employed by the JPSO in the crime laboratory, was qualified as an expert in the field of trace analysis. … She stated: Well, I'm not sure that the preponderance of the evidence standard is going to stick constitutionally, and it doesn't matter, because I am clearly and convincingly convinced, and it is in. (R., p. 139).

Southland Entm't, Inc. v. La. Dep't of Revenue, Office of Alcohol & Tobacco Control

248 So. 3d 326 · Louisiana Court of Appeal · Jul 19, 2017

STANDARD OF REVIEW To reverse a district court's finding of fact, an appellate court must find from the record that a reasonable factual basis does not exist for the finding and that the finding is clearly wrong or manifestly … the court dismissed the defendant's objection, explaining: A law enforcement officer is permitted to express an opinion regarding matters of personal knowledge gained through experience, even if the witness is not first qualified

Cannisnia Plantation, LLC v. Cecil Blount Farms, LLC and Blount Company, LLC

Louisiana Court of Appeal · Mar 4, 2020

Webb qualified to testify as an expert in petroleum geology, prospect generation, oil and gas evaluation, development and management of oil and gas properties, and general oil field practices. Mr. … They argue that the opinion does not clearly assign the burden of proof to either party.