Case law

Crawford v. Gray and Associates

493 So. 2d 734 · Louisiana Court of Appeal · Aug 20, 1986

In response, defendant produced the testimony of Joseph Johnson, a general contractor, who was qualified as an expert in the construction business. Mr. … Other testimony established that if the building was moved so as to avoid the right of way area, plaintiff could not provide enough room for twenty parking spaces.

Marcel v. Becnel

691 So. 2d 1344 · Louisiana Court of Appeal · Mar 27, 1997

It is not sufficient that plaintiffs merely establish that Becnel led them to believe that he was a licensed mechanical engineer and that they relied on this misrepresentation in engaging his services: they must further * … The policy clearly states that it does not apply to the rendering or failure to render any professional services including engineering services.

State v. Painich

54 So. 3d 1118 · Louisiana Court of Appeal · Nov 3, 2010

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 doubt that the defendant was guilty … JjjThe state counters that there was strong direct and circumstantial evidence supporting the conviction and that the evidence at trial clearly established that Pai-nich was the person who murdered Goet-tig.

Williams v. General Motors Corp.

639 So. 2d 275 · Louisiana Court of Appeal · Jun 15, 1994

This is clearly not what was intended by the Supreme Court in Southern Farm Bureau. … This is clearly not what was intended by the Supreme Court in Southern Farm Bureau.

Wood v. Humphries

2011 La.App. 1 Cir. 2161 · Louisiana Court of Appeal · Oct 9, 2012

The Board became involved in the appeal as a matter of law, because the court had granted the JNOV and awarded damages above the statutory cap of $100,000 for qualified health care providers, as provided in LSA-R.S. 40:1299.42 … However, it did not establish the standard of care for diagnosing stroke in every case. Dr.

State v. Anderson

889 So. 2d 1237 · Louisiana Court of Appeal · Dec 15, 2004

The trial court questioned the State regarding its use of this terminology and established that "Snake" turned out to be Defendant. … In the case sub judice, the State established that Defendant had been advised of his Miranda rights immediately after his arrest.

State v. Brooks

256 So. 3d 524 · Louisiana Court of Appeal · Sep 26, 2018

Partner, a qualified sexual assault nurse examiner ("SANE"), performed the examination using a physical exam recovery kit ("PERK"), and filled out a form detailing her findings. Prior to the exam, J.H. told Ms. … T.W. clearly stated that Brooks pushed her onto the bed and forced her to have nonconsensual sex for his own sexual gratification.

Morris v. People's Bank & Trust Co.

580 So. 2d 1029 · Louisiana Court of Appeal · May 22, 1991

This is clearly not a case of the plaintiffs "alleging their own turpitude." 521 So.2d at 744 . Similarly, in A. V. Smith Construction Co., Inc. v. … Absent the reacquisition obligation contained in the Employment Contract and the representations made by Friedman and the other defendants, petitioner would not have acquired any shares in Bancshares other than "qualifying

Gould v. Gould

687 So. 2d 685 · Louisiana Court of Appeal · Jan 24, 1997

Winterton, the children's pediatrician, testified that he was not qualified to diagnose ADD, but he could recognize it and did not think an assessment was necessary for Kenneth. … The child support guidelines of R.S. 9:315 et seq. establish a rebuttable presumption of the amount of child support that is proper. R.S. 9:315.1 A.

Brumfield v. Coastal Cargo Co., Inc.

768 So. 2d 634 · Louisiana Court of Appeal · Jun 28, 2000

However, the record does not contain any evidence of the costs of litigation, nor does the judgment indicate clearly by whom the costs should be borne. … Clearly, Farrow was motivated by purely personal concerns when the altercation commenced.

State v. Henderson

2013 La.App. 1 Cir. 0074 · Louisiana Court of Appeal · Sep 13, 2013

No formula exists for determining whether the defense has established a pri-ma facie case of purposeful discrimination. … P. art. 761, While the State’s amendment of the charge on count two from second degree cruelty to juveniles to cruelty to juveniles would qualify as a substantive change, the State clearly informed defendant and the trial

Oubre v. Eslaih

840 So. 2d 54 · Louisiana Court of Appeal · Feb 26, 2003

His testimony established that the site of the accident was beyond the patrolling jurisdiction of his department. … That is, the trial court was neither manifestly erroneous nor clearly wrong in its conclusion. Defendant’s Assignments of Error Number Two and Five through Nine.

Tarbutton v. St. Paul Fire & Marine Ins.

803 So. 2d 273 · Louisiana Court of Appeal · Dec 5, 2001

According to plaintiff, she presented sufficient evidence to establish that Dr. … Where there are two permissible views of the evidence, the factfinder's choice between them cannot be manifestly erroneous or clearly wrong. Corley, supra ; Wells v.

State of Louisiana v. Trae Williams

Louisiana Court of Appeal · May 8, 2023

After testifying to her qualifications and education, the defense did not traverse the predicate, and the trial court qualified Dr. O’Sullivan as an expert in forensic pathology. … Forensic Firearms Examiner Sean McElrath was called by the prosecutor and qualified as an expert in the field of ballistics examination and firearm testing.

Mary Frances Howard v. Mamou Health Resources, Inc. D/B/A Savoy Care Center

Louisiana Court of Appeal · Mar 6, 2013

The supreme court held the filing of suit against a qualified health care provider in the district court neither suspends nor interrupts the one-year prescriptive period for filing medical malpractice claims. … A study of the jurisprudence interpreting La.R.S. 40:1299.44(C) clearly establishes a medical malpractice claimant seeking recovery from the PCF is unquestionably subject to the notice requirements set forth in La.R.S.

Dinh Ho v. State Farm Mutual Auto Ins. Co.

Louisiana Court of Appeal · Dec 31, 2003

LAW AND ANALYSIS The standard of review for findings of the trial court has been clearly established in this circuit. … Furthermore, Louisiana law requires plaintiff to prove its claim to the satisfaction of the court, and places the burden on the plaintiff to establish every fact essential to recovery and to establish that the claim falls

Clark v. McDonald's System, Inc.

383 So. 2d 61 · Louisiana Court of Appeal · Jul 7, 1980

Within the one-year prescriptive period, plaintiff sued McDonald's Systems, Inc. under allegations showing clearly that the defendant was being sued as the owner or operator of the restaurant, for injuries caused by an alleged … La.App. 4th Cir. 1979), a suit filed against "The Torg Film Company" under the long-arm statute, was held to have interrupted prescription against the correct defendant, "Torg Film Services, Inc.", a foreign corporation not qualified

State v. Taylor

2013 La.App. 4 Cir. 0265 · Louisiana Court of Appeal · Dec 18, 2013

Clearly, the language requiring the com-píete enclosure by any type of physical barrier that is at least six feet in height was intended to apply to the “premises” entered. … The evidence established that the PPG acquired ownership of the 341.94-acre state school complex on March 10, 2010, less than one year prior to the alleged unauthorized entry by defendant.

Kelvin Wells, in the Interest of Patrick Wells v. Michael X, Magnolia Woods School, Donna Wallette

Louisiana Court of Appeal · Apr 17, 2024

On November 14, 2013, the trial court signed a judgment, sustaining Judge Hernandez' s peremptory exception raising the objection of no cause of action based on judicial immunity and dismissing Wells' claims against him. … Thus, if the plaintiff has clearly demonstrated before the court during the prescribed period that he does not intend to abandon his lawsuit, dismissal is not warranted. Id.

State v. Lambert

2015 La.App. 4 Cir. 0629 · Louisiana Court of Appeal · Mar 16, 2016

We find the trial court clearly erred in adjudicating defendant a second felony offender. Pursuant to La. … The trial court clearly erred in adjudicating defendant a second-felony offender under Louisiana law.