Case law

Schuler v. Schuler

876 So. 2d 196 · Louisiana Court of Appeal · May 26, 2004

Schuler), were married on February 26, 1983, and thereafter established a matrimonial domicile in Jefferson Parish. On July 16, 2003, Ms. … The trial court indicated that it would not qualify Mr. Schuler as an expert in the valuation of homes. On cross examination, Mr.

O'BRIEN v. Traders and General Insurance Company

136 So. 2d 852 · Louisiana Court of Appeal · Feb 6, 1962

"Defendant L.S.U. filed an exception asserting its immunity from suit as an agency of the State of Louisiana which said exception was sustained by the Court and plaintiff's complaint dismissed as to this particular defendant … "The record establishes beyond doubt that Johnson was neither required, instructed nor ordered to travel from his home to Baton Rouge via automobile.

Thibaut v. Thibaut

607 So. 2d 587 · Louisiana Court of Appeal · Jun 29, 1992

The jury was clearly erroneous in awarding damages against Thibaut Oil Company, Inc. and John E. … Therefore, we are not required to apply the manifestly erroneous or clearly wrong standard of appellate review.

Fayard v. Landry

94 La.App. 5 Cir. 594 · Louisiana Court of Appeal · Feb 15, 1995

The board of highways shall control signal lights and traffic other than parking on highways in the state system established hereby. … Clearly, the trial judge intended to do so. Thus, Fayard is entitled to a total damage award in the amount of $258,787.99.

Woodham v. Travelers Insurance Company

161 So. 2d 368 · Louisiana Court of Appeal · May 4, 1964

The trial judge concluded that the contract of employment between plaintiff and defendant was entered into in Grenada, Mississippi, and we think the evidence clearly supports that conclusion. … Each of the defendant corporations has qualified to do business in this State, and service was made in Louisiana on the agents designated by those corporations for the service of process.

McLaughlin v. Fireman's Fund Insurance Co.

549 So. 2d 327 · Louisiana Court of Appeal · Jun 21, 1989

Maxwell with regard to the taking of the blood sample does not comply with nor qualify the sample taken to be used in a civil case in the determination of a blood alcohol level of one of the parties in the litigation. … My objections are again multiple *337 and vehement, and I think that clearly, clearly the evidence is admissible, the chain of evidence will be shown to have been valid, and the ultimate effect of this blood alcohol reading

Boyd v. Louisiana State Employees' Retirement System

453 So. 2d 243 · Louisiana Court of Appeal · May 1, 1984

It stated: ‘In La.R.S. 13:24 and in La.R.S. 13:14 the language clearly states what rights a person covered by La.R.S. 13:11-26 receives. … Every person in every retirement system must possess a status qualifying him or her to be a member of that system.

Commercial Nat. Bank v. Rowe

666 So. 2d 1312 · Louisiana Court of Appeal · Jan 24, 1996

Suretyship may be qualified, conditioned or limited in any lawful manner. La.C.C. art. 3040. … In short, the grounds for estoppel are not clearly shown, and the district court was not plainly wrong to decline to render judgment on that basis. Stobart v. State, supra; Knippers v. Lambard, supra.

State v. Haltom

462 So. 2d 662 · Louisiana Court of Appeal · Nov 29, 1984

Unless clearly indicated otherwise, compliance with this Part required of any public entity shall be done by the governing authority of such public entity if it has a governing authority. … "(d) Purchases of three thousand dollars or more but less than five thousand dollars shall be made by sending out written invitations for bids to at least five bona fide qualified bidders.

Hoyt v. State Farm Mut. Auto. Ins. Co.

623 So. 2d 651 · Louisiana Court of Appeal · Sep 14, 1993

Gessner was qualified as an expert in orthopedic surgery and testified at trial that he first saw Michael on April 20, 1987, at which time Michael related being in the automobile accident and attributed the pain in his back … This finding is amply supported by the record and is not clearly wrong.

State v. Major

2002 La.App. 4 Cir. 0133 · Louisiana Court of Appeal · Oct 2, 2002

The trial court qualified Officer Harry O’Neal as an expert in the identification and analysis of controlled substances. … Applying those factors to the instant case clearly establishes that it was reasonable for the jury to infer that Mr.

Nyress Manning on Behalf of Minor Child, Corey Williams, Jr., for the Wrongful Death of Dereial Manning and for Survival Damages v. Rh Windrun LLC, the Lynd Company D/B/A Lynd Living, Xyz Security Company, John Doe I, John Doe II, Abc Insurance Company, Def Insurance Company, Ghi Insurance Company

Louisiana Court of Appeal · May 1, 2024

C.C. art 2703 does not immune landlords from liability in the context of suit of a tenant, who was raped in robbed in the parking lot of her apartment complex. … The plaintiff has the burden of establishing the duty the defendant owed under the circumstances.

Daniel Norman v. Michael A. Shelton Enterprise, Inc.

Louisiana Court of Appeal · May 29, 2019

the trial court to find them immune from liability after alleging that Mr. … The pictures introduced in evidence clearly demonstrate the vision limitations caused by the cars parked on DOTD’s right-of-way. See Shephard, 701 So.2d 1308.

David Rhodes Versus Amko Fence and Steel Company, LLC, and Evergreen

Louisiana Court of Appeal · Oct 28, 2021

Though the substance of the document may be considered trustworthy and clearly admissible under the exception to the hearsay rule for public documents, La. … Rhodes established that a defect in the gate was the cause of his alleged injuries.

Adler v. Williams

2016 La.App. 1 Cir. 0103 · Louisiana Court of Appeal · Sep 16, 2016

Adler is seeking from her former employers qualifies as a labor dispute and, thus, falls under the purview of La. R.S. 23:844. Defendants further argue that Ms. … Applying the foregoing legal precepts to the facts of this case, we find that thé denial of a preliminary injunction was clearly warranted in this case. Ms.

Maumus v. Dept. of Police, New Orleans

457 So. 2d 37 · Louisiana Court of Appeal · Jul 31, 1984

The term simply was never established as a euphemism in general use or as a code developed between Burden and Maumus. … The record clearly establishes that the Office of Municipal Investigation procured the services of Julie Burden with full knowledge that she was in a position to possess information concerning an issue of interest to Officer

Latter & Blum, Inc. v. Ditta

223 So. 3d 54 · Louisiana Court of Appeal · Jun 22, 2017

Factual findings are reviewed under “the manifest error-clearly wrong standard, which precludes the setting aside of a district court’s finding-of fact unless that finding is clearly wrong in light of the record reviewed … The trial court qualified both Mr. Rafferty, Mr. Scurlock’s expert, and Eric O. Person, Dr. Ditta’s expert, as experts in those areas. Mr. Person testified that a ‘‘smell” test applies to determine merchantability. Mr.

State v. Eason

3 So. 3d 685 · Louisiana Court of Appeal · Feb 25, 2009

Fish’s answers “sounded more like a request for a hardship excuse than ... whether she was qualified and could sit as a juror.” The court stated: Oh, there’s — I’m sure it’s a hardship for her. … The trial court was convinced that the juror had a sufficient understanding and acceptance of the law, and that finding is not clearly wrong.

Joshua Godchaux, Et Ux. v. Peerless Insurance Company

Louisiana Court of Appeal · Jun 4, 2014

Awards for future medical expenses constitute special damages which can be established with some degree of mathematical certainty. Thibeaux v. … My de novo review establishes that $100,000.00 for all general damages was appropriate. Likewise, it establishes that the $3,000.00 for loss of consortium was appropriate.

Edward A. Songy Jr., Chief Administrator of The Sales and Use Tax Department of the Iberville Parish Council v. Bayou Bridge Pipeline, LLC; and Riley Berthelot, Jr., in his capacity as Parish President of West Baton Rouge Parish, and Department of Revenue & Taxation, West Baton Rouge Parish

Louisiana Court of Appeal · Feb 19, 2021

Tax exemptions are strictly construed in favor of the taxing authority and must be clearly, unequivocally, and affirmatively established by the taxpayer. Harrah' s Bossier City Inv. Co., LLC v. … Since Iberville is asserting that Bayou Bridge was exempt from sales and/ or use tax in West Baton Rouge, it is their burden to prove that the exemption was clearly, unequivocally, and affirmatively established.