Case law

Benoit v. PET, INC.

93 La.App. 3 Cir. 1019 · Louisiana Court of Appeal · Apr 6, 1994

The causation element between the second accident and her limitations was clearly proved. … La.R.S. 23:1121 provides that an employee shall submit to examination by a duly qualified medical practitioner provided and paid for by the employer.

Sanders v. Gore

676 So. 2d 866 · Louisiana Court of Appeal · Jul 10, 1996

We find that after reading the briefs and hearing the arguments of counsel on this issue, no additional fact could be asserted that would establish a cause of action against appellee. … Gore with immunity. In a recent New York case, Witkowski v.

State v. Cyrex

97 La.App. 1 Cir. 2520 · Louisiana Court of Appeal · Sep 25, 1998

The case is remanded to the district court and it is ordered that a pretrial conference to establish a trial date be scheduled immediately. The matter is to be placed on a priority docket for trial. … However, insofar as the district court may have relied on the expiration of the article 578 two-year period to support its ruling, for reasons to follow, any such reliance clearly would have been misplaced.

LeBlanc v. State ex rel. Department of Transportation & Development

615 So. 2d 365 · Louisiana Court of Appeal · Feb 25, 1993

Carl Dowell was qualified as an expert real estate appraiser for DOTD. Using only a method of comparable sales in the immediate vicinity, he determined the diminution in value to be $17,710.00. Mr. … Clearly, this was a miscalculation on the part of DOTD.

State v. Harrison

69 So. 3d 581 · Louisiana Court of Appeal · May 18, 2011

The defense presented the testimony of Laura Whitlock, who was qualified as an expert in the field of physics. … 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

Raywood Joseph Broussard v. Terry Smith

Louisiana Court of Appeal · Dec 3, 2008

Act 147 served to expand the list of defendants to co-employees (not just employers) granted immunity from suits by injured employees such that worker’s compensation would be the exclusive remedy unless the intentional … If that is the case, there can be no point in providing the second prong of this definition as there is no behavior that would qualify under the stringent “substantially certain to result” test.

State v. Shelton

11 La.App. 3 Cir. 22 · Louisiana Court of Appeal · Sep 28, 2011

Credibility determinations are within the sound discretion of the trier of fact and will not be disturbed unless clearly contrary to the evidence. State v. … He was qualified as an expert at trial in the field of forensic pathology. Dr.

State v. Booker

968 So. 2d 1190 · Louisiana Court of Appeal · Oct 31, 2007

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 … Obviously, her hospital diagnosis established that she had not gotten adequate nutrition for an extended period of time.

Eddins v. Giles

142 So. 266 · Louisiana Court of Appeal · Jun 11, 1932

We are convinced this testimony clearly preponderates in favor of the contentions of defendant, disclosed in his petition, and adopted by the trial judge. … The cost of erecting the house is established beyond any serious dispute. The cost of clearing the land averages nearly $5.50 per acre, which is reasonable.

Emily Washington v. Leon Cannizzaro

Louisiana Court of Appeal · Mar 17, 2021

The correspondence further stated that it would establish a schedule for her to review 2013 closed files. … At the same time, they offered to establish a schedule for her to review closed files from 2013.

State v. Lincoln

794 So. 2d 56 · Louisiana Court of Appeal · Jun 22, 2001

The search conducted was of the defendant's person and residence, which was clearly encompassed by the description in the warrant. … When the 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 juror to conclude beyond a reasonable doubt

Miller v. INTERN. DIVING & CONSULTING SERV., INC.

669 So. 2d 1246 · Louisiana Court of Appeal · Mar 18, 1996

Williams' testimony important in this regard because it establishes that Mr. Miller was only assigned to an identifiable vessel or fleet of vessels, for the purpose of establishing Mr. Miller's Jones Act seaman status. … The Barrett court found that a worker may qualify as a crew member if he does substantial work on a vessel even though his assignment to it is not permanent. 781 F.2d at 1073 .

Boudreaux v. Production Management, Inc.

683 So. 2d 785 · Louisiana Court of Appeal · Oct 1, 1996

Strieker stated that the FCE did not reveal claimant’s true maximum capabilities, although it did establish his minimum level. … Nevertheless, the evalua *790 tion did establish claimant’s minimum level of capabilities.

Chapman v. Belden Corp.

414 So. 2d 1283 · Louisiana Court of Appeal · Mar 17, 1982

CAUSATION The Guard asks us to reverse the trial judge's factual finding that the petitioner established a connection between the attack and employment activity. … Under these circumstances the award of attorney's fees was clearly wrong. Accordingly, we amend the judgment to strike the award of attorney's fees.

American Bank & Trust Co. v. Louisiana Sav. Ass'n

386 So. 2d 96 · Louisiana Court of Appeal · May 21, 1980

Clearly, the assignment was a conditional obligation. Viewed as a whole the assignment instrument was confected by nonlawyers to cover the waterfront. … The instrument in question clearly revealed "that the rights granted by it were no greater than those granted to a pledgee under Civil Code article 3157" and the bank did not own the funds.

Slayden Carpenter and Sydnee Hawkins v. Deborah Thomas, Progressive Paloverde Insurance Company and State Farm Mutual Automobile Insurance Company

Louisiana Court of Appeal · Mar 13, 2023

Appellants opposed the motion to strike on March 14, 2022, arguing that Tekell is clearly qualified as an expert of traffic engineering and that the Louisiana Administrative Code and Revised Statutes require the use of … Through their opposition to the motion, Appellants contend that Tekell is clearly qualified as an expert due to his education and experience.

Medical Review Panel Kevin Jordan (D) v. Community Care Hospital, J. Robert Barnes, M.D. and Anwar Ismail, M.D.

Louisiana Court of Appeal · Jul 24, 2019

A panelist shall have absolute immunity from civil liability for all communications, findings, opinions and conclusions made in the course and scope of duties prescribed by this Part. 14 In … Fann), is sufficient to establish a genuine issue of material fact.

Robbins v. State Ex Rel. Dept. of Labor

728 So. 2d 991 · Louisiana Court of Appeal · Feb 24, 1999

Robbins was qualified for 9% of the available jobs in the economy. Since the accident, Dr. Herbst estimated Mrs. Robbins was capable of performing from 2% up to 4.5% of the jobs in the economy. … Because we find that plaintiffs have established by a preponderance of the evidence that Mrs.

Mayes v. Wausau Underwriters Insurance Co.

12 La.App. 3 Cir. 465 · Louisiana Court of Appeal · Dec 12, 2012

The standard for granting a motion for summary judgment is now well established. … His opinion, according to Plaintiff, is based upon the examination of an exemplar chair taken from Chabill’s premises which contained clearly visible, i.e., not hidden, breaks in its welds.

Hazel Guillot Oubre Versus Graylin Burl, Jr., Eliana Defrancesch, in Her Capacity as Clerk of Court for St. John the Baptist Parish

Louisiana Court of Appeal · Aug 29, 2023

Burl qualified with the St. John the Baptist Parish Clerk of Court to run for the position of Sheriff of St. John the Baptist Parish. In accordance with the manner of qualifying provisions contained in La. … DISCUSSION Appellate courts review a trial court’s findings of fact under the manifest error or clearly wrong standard of review. Smith v. Charbonnet, 17-634 (La.