Case law

Payne v. Quinn

565 So. 2d 1049 · Louisiana Court of Appeal · Jun 27, 1990

First, there is a paucity of facts in the appellate record which can be relied upon to establish a contractual relationship. … However, when FAB stated clearly that the financial stability of GDL was not in jeopardy it assumed a duty to insure that the information volunteered was correct.

Marguerite Fugler Cardwell v. Oaks Care Center, LLC

Louisiana Court of Appeal · Dec 13, 2017

The plaintiffs did not establish the standard of care applicable to the Oaks; 2. … On cross examination, plaintiffs’ counsel established that Dr. Nelson had never treated Mrs.

State v. Lewis

110 So. 3d 644 · Louisiana Court of Appeal · Feb 27, 2013

Rudell that Gol-ston was “his boy” and that he “loved him to death,” establishing their close friendship. Moreover, Det. … With aspects of Wesley’s statements clearly hearsay, the trial court erred in admitting them; however, they are subject to the harmless error standard.

State v. Moran

584 So. 2d 318 · Louisiana Court of Appeal · Jul 1, 1991

Thus, the police officer's testimony would qualify under the rule, if it is consistent with the victim's in-court testimony and if it qualifies as the "initial" complaint of the crime. *324 We find that the victim's statement … The testimony of the victim and the witnesses in the area establish this fact beyond a reasonable doubt.

Board of Supervisors of Louisiana State University & Agricultural & Mechanical College v. 2330 Palmyra Street, L.L.C.

80 So. 3d 1234 · Louisiana Court of Appeal · Dec 27, 2011

The Chambers court went on to set forth a three-prong test to assist in establishing whether a constitutional taking has occurred. … specific facts and circumstances, we find that the property owners were not required to exhaust their administrative remedies seeking a waiver of the City Council’s moratorium when the expropriation of their properties was clearly

Ora Hall v. Jo Bennett and United Services Automobile Association

Louisiana Court of Appeal · Apr 5, 2023

Under this standard, reversal is 9 warranted only if the appellate court finds that a reasonable factual basis does not exist for the trial court’s finding and the record establishes … that the finding is clearly wrong or manifestly erroneous.

Succession of Barranco

94 La.App. 1 Cir. 1726 · Louisiana Court of Appeal · Jun 23, 1995

It is established that in the interpretation of wills, the first and natural impression conveyed to the mind on reading the will as a whole is entitled to great weight. Carter v. … THE APPOINTMENT OF NORMA FERGUSON AS SUCCESSION REPRESENTATIVE Norma Ferguson, as a legatee of the succession, is best qualified to be the estate’s succession representative. La.C.C.P. art. 3098.

Chesney v. Entergy Louisiana, L.L.C.

166 So. 3d 1204 · Louisiana Court of Appeal · May 27, 2015

R.S. 9:2772, the provision establishing a 10-year peremptive period for actions related to construction of an improvement to immovable property, and argued that the plaintiffs’ cause of action had been destroyed by peremption … Michael Copeland said that Copeland’s custom and practice was to report any hazardous condition to the owners of a job site, but qualified that by saying, |s“that would be only for something that they were actually working

City of Bastrop v. Johnny's Pizza House, Inc.

712 So. 2d 156 · Louisiana Court of Appeal · Apr 8, 1998

Although the cases cited by the defendant are factually distinguishable from the present case, 1 they clearly establish that the facts and law existing at the time the application is acted upon, as opposed to the time the … The fence existed at the time defendant’s application was acted upon and therefore, must be considered in determining whether Johnny’s qualifies for a license.

State v. Robinson

697 So. 2d 607 · Louisiana Court of Appeal · Jun 18, 1997

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 … Guillot, 200 La. 935 , 9 So.2d 235 (1942), especially when a date "reasonably near is established." United States v.

Sears v. Interurban Transp. Co.

14 La. App. 343 · Louisiana Court of Appeal · Jan 31, 1930

The defendants have failed to meet that burden, as the evidence clearly shows and is uncontradicted that plaintiff was driving at a normal rate of speed, and that there was no apparent danger until after the Ford started, … It was not established that the repair work done by defendant was faulty or that the same damage to the steering gear existed at the time of this accident as did in December prior.

State v. Williams

95 La.App. 4 Cir. 1495 · Louisiana Court of Appeal · Jan 8, 1997

Next, he alleges that counsel failed to establish an alibi defense. Appellant complains that counsel did not have any meaningful discussions with him. … Concerning appellant’s fifty year sentence for attempted second degree murder, the testimony clearly establishes that appellant was the trigger man, firing numerous shots at the victim as he lay on the ground.

State v. Powell

598 So. 2d 454 · Louisiana Court of Appeal · Apr 8, 1992

The Supreme Court cautioned, however, that the absence of discrimination in the making of some decisions will not immunize the state from its conduct in others. 476 U.S. at 95 , 106 S.Ct. at 1722 . … We recognize a potential for abuse when the prosecutor's explanation is not grounded on matters clearly established on the record.

Netters v. Scrubbs

993 So. 2d 334 · Louisiana Court of Appeal · Sep 10, 2008

Scrubbs' testimony is self-serving because in her original deposition, dated September 28, 2006, she clearly admitted that she and Ms. … Clearly by her position she does not appreciate that if this Court were to accept the Appellants' argument and declare that the siblings do not have standing, that Ms.

State v. Perkins

716 So. 2d 120 · Louisiana Court of Appeal · Jun 17, 1998

Second, Detective Pero was never qualified as an expert in narcotics investigation or in the distribution or manufacture of marijuana. ASSIGNMENT OF ERROR NO. 14 Mr. … The evidence in this case established that Mr.

State v. Parker

259 So. 3d 1112 · Louisiana Court of Appeal · Dec 12, 2018

The trial court first found that Smith did not qualify as an unavailable witness. 16 Next, the trial court determined that even if the witness was unavailable the statement would not be admissible evidence *1119 because the … A statement tending to expose the declarant to criminal liability and offered to exculpate the accused is not admissible unless corroborating circumstances clearly indicate the trustworthiness of the statement. * * * * (7

Taylor Adam Burtner v. Lafayette Parish Consolidated Government

Louisiana Court of Appeal · Apr 15, 2015

Thus, Plaintiff’s fault in causing the accident was clearly established. … King was retained by Plaintiff to defend against an affirmative defense raised by defendants that they were entitled to immunity because of Plaintiff’s alleged intoxication. Dr.

FREEPORT-McMORAN INC. v. TRANSCONTINENTAL GAS

924 So. 2d 207 · Louisiana Court of Appeal · Oct 14, 2005

The rules of interpretation establish that when a clause in a contract is clear and unambiguous, the letter of the clause should not be disregarded under the pretext of pursuing its spirit. … Terry as to the basis of claims made by the MMS in its audit of Freeport, or the basis of claims paid by Freeport, as her testimony was irrelevant and constituted factual evidence which she was not qualified to give.

Greene v. Wright

365 So. 2d 551 · Louisiana Court of Appeal · Nov 20, 1978

The facts presented in our case reveal that although the opinion testimony was given by a non-qualified expert, M. R. … This court finds that Cargill, Inc. and its executive officers had a personal duty not to breach the high degree of care established by general tort principles, La.

State v. Peterson

696 So. 2d 211 · Louisiana Court of Appeal · Jun 4, 1997

ASSIGNMENT OF ERROR NUMBER 3 Although defendants concede that the state properly qualified Dr. … K. clearly communicated to Dr. Simoneaux that she was scared of Darrell. Finally, Dr.