Case law

State v. Pollard

2014 La.App. 4 Cir. 0445 · Louisiana Court of Appeal · Apr 15, 2015

Under these circumstances, it cannot be said that the State failed to establish the proper foundation for this evidence under La. C.E. art. 613. … Sean Briggs testified on behalf of the State pursuant to an immunity agreement wherein the State agreed not to prosecute Briggs for being a felon in possession of a firearm in exchange for his truthful testimony at this trial

Ned v. Union Pacific Corp.

14 La.App. 3 Cir. 1310 · Louisiana Court of Appeal · Apr 15, 2015

Where business records are concerned, as in the present case, the courts have deemed La.C.C.P. art. 967 satisfied when the affiant is qualified to identify the business records as such. … The trial court stated that although it “may not have issued an order pursuant to” the previous conference, it “thought I,fit was pretty clearly understood that we had some deadlines regarding filings in anticipation of today

Robert J. Broussard v. Multi-Chem Group, LLC

Louisiana Court of Appeal · Jul 11, 2018

There’s issues for potential immune system abnormalities. There’s the issue of adverse cardiovascular health consequences in the future. … Mitchell to establish the likelihood of exposure and on Dr. Plunkett to establish causation. As noted by the trial court, Ms. Iles developed an immediate onset of symptoms.

In the Interest of J.B.A.

914 So. 2d 654 · Louisiana Court of Appeal · Oct 26, 2005

wrong based on the evidence or clearly without evidentiary support. … Thomas has vast experience in counseling children in similar cases and has been qualified and testified as an expert in this field in hundreds of cases.

Maldonado v. Kiewit Louisiana Co.

146 So. 3d 210 · Louisiana Court of Appeal · Mar 24, 2014

KMTC-JV filed a motion for summary judgment in the underlying Maldonado matter on June 7, 2011, arguing that it qualified as the statutory employer of JL Steel and its employees. … Clearly, Twin City owes no duty to defend KMTC-JV beyond that date. Accordingly, we amend the trial court’s January 22, 2013 judgment in part to modify the time period that Twin City owes a duty to defend KMTC-JV.

State v. Guidry

271 So. 3d 275 · Louisiana Court of Appeal · May 8, 2019

In the case at bar, the State argues that a substantial amount of evidence was presented that established Defendant's guilt. … I think he's more than qualified to do this. He's done over five thousand autopsies, he's done gunshot wounds, and I think he's more than qualified to testify in this area. THE COURT: Objection's overruled.

State v. Wise

13 La.App. 5 Cir. 247 · Louisiana Court of Appeal · Nov 19, 2013

Thus, the underlying offense in this case, committed on December 22, 2011, is clearly within the 10-year “cleansing period” prescribed by La. R.S. 15:529.1C. … Brady also requires the disclosure of evidence concerning a promise of leniency or immunity to a material witness in exchange for his testimony at trial. Giglio v.

State v. AUGUILLARD

997 So. 2d 904 · Louisiana Court of Appeal · Dec 10, 2008

s testimony together with the photographs of her injuries clearly establishes the elements of the charged offense as well as the responsive offense, including specific intent. … s testimony clearly establishes the elements of the charged offense as well as the responsive offense.

Kuhl v. Kuhl

715 So. 2d 740 · Louisiana Court of Appeal · Jul 8, 1998

App. 5 Cir.1983) (Trial court clearly wrong in failing to find a work-related injury in view of uncontroverted expert medical testimony.) … James not only did not examine this child's buttock afterwards, but he is not qualified in the field of medicine to evaluate or offer an opinion regarding physical findings.

May Yen v. Avoyelles Parish Police Jury

Louisiana Court of Appeal · Nov 5, 2003

The State concludes that the plain language of the statute does not exempt representatives from the medical review panel process, notwithstanding the term being clearly defined in the statute, but in fact exempts only … State, 99-2559 (La. 6/29/01), 792 So.2d 713. 3  A statute that grants immunities or advantages to a special class in derogation of general rights available to

Bonner v. Watkins Motor Lines, Inc.

494 So. 2d 1363 · Louisiana Court of Appeal · Sep 24, 1986

Before an appellate court can disturb a quantum award, the record must clearly reveal that the trier of fact abused its discretion in making the award. … Any proof which reasonably establishes the claim may be used in absence of mathematical certainties. Ortigo v. Merritt, 488 So.2d 1051 (La.App. 2d Cir.1986); Pringle v.

Adams v. Great American Indemnity Company

116 So. 2d 307 · Louisiana Court of Appeal · Nov 25, 1959

The stipulated testimony is not otherwise explained or qualified, but manifestly, we think, a school bus driver can not see the entire highway to the rear of his bus if his view is obstructed by other vehicles. … This fact was established by the testimony of L. A. Storey and Randall Brian.

Finn v. EMPLOYERS'LIABILITY ASSURANCE CORPORATION

141 So. 2d 852 · Louisiana Court of Appeal · May 22, 1962

Raub include forces, equilibrium forces, the effect of forces in producing motion, work energy, etc., and the court finds him eminently qualified in that field. Dr. … Obviously, Berry could have established a domicile in Arkansas at any time after he took his wife to Arkansas. There was even ample time to establish such a domicile between February 29, 1956, and May 22, 1956.

Borne v. Brumfield

363 So. 2d 79 · Louisiana Court of Appeal · Sep 13, 1978

La.C.C.P. art. 802, like La.C.C.P. art. 801, establishes no time limitation for substitution of parties. As in J. … Maher) is based on mere speculation, and another in the nature of a general charge on negligence was clearly limited by the special charge relating to medical malpractice.

Weber v. Press of HN Cornay, Inc.

144 So. 2d 581 · Louisiana Court of Appeal · Jul 2, 1962

Martin, Sr., who was qualified as an expert in the field of accounting, explained the method used to compute the lessor's claim for damages caused by the lessee's breach, and established the validity of the individual items … Therefore, the Jacobs case, decided in conformity with equity, is clearly distinguishable from this one, for the lessor herein obviously profited from the receivership proceeding.

BUBOLA v. Stutts

992 So. 2d 592 · Louisiana Court of Appeal · Sep 12, 2008

Bubola clearly and undisputedly has an interest in the property at issue and is both a proper party defendant and plaintiff. … Special Stipulations" section of the lease agreement, The pertinent language of that section of the lease agreement, which gives rise to this litigation, outlines the terms of a purported option to sell by the lessor, then qualifies

State v. Kelly

704 So. 2d 800 · Louisiana Court of Appeal · Nov 12, 1997

The trial judge clearly pointed this out to the jury. … Art. 810, there is no formal requirement as to the language of the verdict except that it clearly convey the jury's intention."

Genovese v. Ferrygood

98 La.App. 5 Cir. 1348 · Louisiana Court of Appeal · Jun 1, 1999

Foret, 628 So.2d 1116 (La.1993) and have been summarized as follows: To qualify as scientific evidence, an inference, assertion, or opinion must be derived by scientific method.... … Thus, he failed to establish a scientific basis for his statement regarding the G-force effect. First, we note that Dr. Laborde’s testimony was taken by deposition for purposes of perpetuation, under La.

State of Louisiana v. Alec J. Billot

Louisiana Court of Appeal · May 16, 2025

Aireal Sullivan, an Orleans Parish Coroner’s office forensic pathologist who was qualified by the district court as an expert in forensic pathology 2 On November 7, 2024, this Court, finding the record to be incomplete … A fact finder’s decision concerning the credibility of a witness will not be disturbed unless it is clearly contrary to the evidence. State v. James, 2009-1188, p. 4 (La.

State v. Revere

572 So. 2d 117 · Louisiana Court of Appeal · Oct 16, 1990

The testimony adduced at the motion to suppress hearing clearly indicates that Mrs. Stein and Mrs. … of a credible person, reciting facts establishing the cause for issuance of the warrant.