Case law

Adams v. Hartford Acc. & Indem. Co.

525 So. 2d 1211 · Louisiana Court of Appeal · May 17, 1988

Therefore, LSA-R.S. 9:2795 does not provide immunity from liability in the instant case. This assignment of error is without merit. … The evidence clearly establishes that the prongs of the chain link fence caused the injury sustained by plaintiff.

Slocum v. DeWitt

374 So. 2d 755 · Louisiana Court of Appeal · Sep 5, 1979

We believe a fair evaluation of the evidence leads to a preponderance establishing that the defendant was actually domiciled at Route 21, Anandale Lane for a full year preceding his qualifying as a candidate. … What is at issue here is whether the defendant has actually established a new domicile, not his motives for establishing it.

Sutter v. Audubon Park Commission

533 So. 2d 1226 · Louisiana Court of Appeal · Jun 7, 1988

Clearly, Audubon Park is not the sort of undeveloped, rural or semi-rural property described in Keelen . … The circumstances establish that this armed robbery was forseeable and more than a mere possibility.

Certain Underwriters at Lloyd's v. Sea-Lar Management, Inc.

787 So. 2d 1069 · Louisiana Court of Appeal · May 9, 2001

The trial court held that the ten-year prescriptive period applicable to contracts applies: The decision to pursue a tort or contract claim was clearly elective on [the] part of plaintiff and Underwriters. … In Louisiana, it is well established that a party damaged by conduct arising out of contract may have a right to seek damages in tort and for breach of contract. State e[x] rel. Guste v.

Adams v. City of Baton Rouge

673 So. 2d 624 · Louisiana Court of Appeal · Apr 30, 1996

LSA-Const. art. 12, § 10 of the 1974 Constitution [9] clearly abrogated governmental immunity in Louisiana in contract and tort and provided, as follows: (A) No Immunity in Contract and Tort. … In this regard, LSA-R.S. 13:5105 is clearly a procedural law.

Cooley v. State

533 So. 2d 124 · Louisiana Court of Appeal · Oct 11, 1988

The Legislature also removed the previous statutory immunity enjoyed by the sheriff. … Under this statute providing for parish work release programs, an inmate committed to the DPSC but who is in the physical custody of a parish sheriff is only eligible for a parish work release program if he meets criteria established

Todd v. State

685 So. 2d 313 · Louisiana Court of Appeal · Feb 21, 1997

that the finding is not clearly wrong." … We cannot say that the trial judge was clearly wrong in this determination.

Sunlake Apartment Residents v. Tonti Development Corp.

522 So. 2d 1298 · Louisiana Court of Appeal · Mar 14, 1988

And, finally, the State contends that the Constitution's waiver of immunity in Article XII, Section 10, expressly grants the Legislature authority to establish the procedure for filing suits against the State, as well as … establish such liability.

Dixon v. Tucker

92 So. 3d 1100 · Louisiana Court of Appeal · May 16, 2012

clearly wrong. … |nA well established presumption exists that, in rear-end collisions, the following driver breached the standard of care set out in La. R.S. 32:81 and is presumed negligent. 2 Mart v.

Cesar Gonzales, MD v. Palmetto Addiction Recovery Center, Inc.

Louisiana Court of Appeal · Dec 18, 2024

Nevertheless, she recommended him as qualified and competent. Rogers also submitted a handwritten note to Broken Wings. … Finally, the court found that the immunity or privilege granted under La. R.S. 23:291 applied in this matter. That statute states, in part: A.

Batson v. South Louisiana Medical Center

2002 La.App. 1 Cir. 2381 · Louisiana Court of Appeal · Jun 27, 2003

The record establishes that SLMC and the State entered into a contract with Louisiana Physical Therapy and Athletic Rehabilitation, Inc. … While not solely determinative of the issue of coverage, clearly, these physical therapy defendants were not acting under any belief that the issuance of the certificate of qualification established that they were in fact

Bradford v. Johnson

641 So. 2d 222 · Louisiana Court of Appeal · Aug 19, 1994

This statutory language clearly and unambiguously establishes the right to object to the candidacy of a person within the specified time frame of seven days after the close of qualifications for candidates. … Clearly, Johnson has not resided in District Five for one year prior to his qualification.

Legier v. Legier

357 So. 2d 1203 · Louisiana Court of Appeal · May 10, 1978

The Codal provision clearly allows for pleadings to be signed by attorneys. … But since no evidence indicates these funds are qualified for the exemption, our decision on original hearing properly denied the exemption. NOTES [1] The Louisiana Supreme Court in Nassau Realty Co., Inc. v.

Parish of St. Charles v. R.H. Creager, Inc.

10 La.App. 5 Cir. 180 · Louisiana Court of Appeal · Dec 14, 2010

We further find that, in this case, the law provides no relief by ordinary means and such an outcome would clearly violate constitutional due process. … (A) No Immunity in Contract and Tort. Neither the state, a state agency, nor a political subdivision shall be immune from suit and liability in contract or for injury to person or property. (B) Waiver in Other Suits.

Turner v. Massiah

641 So. 2d 610 · Louisiana Court of Appeal · Jul 1, 1994

established by a preponderance of the evidence. … That is, when a statute grants immunities or advantages (a cap) to a special class (qualified health care providers) against the general public, the claims of the grantee should be strictly construed. Rodriguez, supra.

Holley v. Plum Creek Timber Co.

877 So. 2d 284 · Louisiana Court of Appeal · Jun 23, 2004

The opponent must establish clearly and convincingly that the constitutional aim was to deny to the legislature the power to enact the legislation. Board of Directors of the Louisiana Recovery District v. … Exemptions from taxation are strictly construed, an exemption being an exceptional privilege which must be clearly and unequivocably and affirmatively established. Hibernia National Bank in New Orleans v.

Roark v. Liberty Healthcare Systems, LLC

26 So. 3d 968 · Louisiana Court of Appeal · Dec 9, 2009

Upon satisfaction of these three basic requirements, a certificate of enrollment is issued, and this certificate establishes the health care provider to be a qualified health care provider under the MMA. … Accordingly, the certificates of enrollment adequately established the pri-ma facie case that Liberty Healthcare is a *975 qualified health care provider under the MMA regarding plaintiffs’ claim.

Watkins v. International Service Systems

741 So. 2d 171 · Louisiana Court of Appeal · Jun 16, 1999

Barto, in his role as supervisor of a fast food establishment, questioned a co-employee (Fletcher) about the theft of money from the office cash box. … In committing the battery, Henderson clearly acted on personal motivations.

Lyncker v. Design Engineering, Inc.

2010 La.App. 4 Cir. 0740 · Louisiana Court of Appeal · Oct 20, 2010

They state that the requirements for immunity from liability under § 9:2798.4 were misapplied, and that such a determination of immunity cannot be made on summary judgment. … Lyneker’s injuries and death, and that DOTD is clearly entitled to judgment as a matter of law. Sworn deposition testimony from Charles Wolfe, attached to the DOTD’s motion for summary judgment, shows that Mr.

Lockett v. STATE DEPT. OF TRANSP. AND DEV.

844 So. 2d 949 · Louisiana Court of Appeal · Apr 2, 2003

In addition to the age and citizenship requirements established pursuant to La. Const. Art. 5 § 33, the qualifications of a juror are delineated in La. R.S. 13:3041, which tracks La. C.Cr.P. art. 401. … Therefore, we find no manifest error in the jury's finding that DOTD was negligent, and the jury's attribution of sixty-five percent fault to DOTD is not clearly wrong.