Case law

Diana Howard v. Rio Sol Nursing Home

Louisiana Court of Appeal · Jun 15, 2022

When reviewing factual determinations of the WCJ, we apply the manifest error/clearly wrong standard of review. Id. … Howard is no longer eligible for TTD benefits, she may still qualify for SEB pursuant to La.R.S. 23:1221(3) if she is unable to earn 90% of her pre-accident wages. Mrs.

Diamond Fields and Gerald Sanford Versus Ochsner Medical Center - Kenner, L.L.C.

Louisiana Court of Appeal · Aug 20, 2021

“No action against a health care provider covered by this Part, or his insurer, may be commenced in any court before the claimant's proposed complaint has been presented to a medical review panel established pursuant to this … The LMMA and its limitations on tort liability for a qualified health care provider apply only to claims “arising from medical malpractice,” while all other tort liability on the part of the qualified health care provider

State v. Robbins

979 So. 2d 630 · Louisiana Court of Appeal · Mar 19, 2008

Where the record clearly shows an adequate factual basis for the sentence imposed, remand is unnecessary even where there has not been full compliance with La.C.Cr.P. art. 894.1. State v. … Moreover, although Robbins technically qualifies as a third felony offender as an adult, one of his previous felony convictions concerned driving offenses.

Phillip Sensat v. Washington Group International, Inc.

Louisiana Court of Appeal · Dec 12, 2012

Jarrell would first vet local ironworkers for qualified individuals. If there were too few qualified local workers, Jarrell would reach out to other qualified workers. … The overall tenor of the testimony established that, Sensat was virtually guaranteed work at Crystal River.

James Rubin v. State of Louisiana, Through the Board of Supervisors of Lsu and Agricultural & Mechanical College

Louisiana Court of Appeal · Nov 18, 2015

Further, we note La.R.S. 28:53 does not provide immunity for physicians. … Milliken’s testimony clearly indicates had he possessed all the information known by Nurse Speyrer and Dr.

State v. McElveen

2010 La.App. 4 Cir. 0172 · Louisiana Court of Appeal · Sep 28, 2011

Tafaro”) was qualified as an expert in the field of serology. … Nevertheless, the report in this case is clearly testimonial, as was the report at issue in Melendez-Diaz .

State v. Roberts

947 So. 2d 208 · Louisiana Court of Appeal · Jan 17, 2007

She said she would have a problem with the death penalty saying, "I am not qualified by God to sit in judgment on that person and say he must die." … You clearly established that it existed with Detective Green.

State v. Victor

15 La.App. 5 Cir. 339 · Louisiana Court of Appeal · May 26, 2016

Courts can also consider whether a witness has previously been qualified as an expert. Craig, supra. … Boles’ credentials established her untruthfulness regarding the field of expertise in which defendant sought to have her qualified as an expert.

Hilkirk v. Johnson

2015 La.App. 4 Cir. 0577 · Louisiana Court of Appeal · Dec 23, 2015

If, upon review of the record, the appellate court finds no reasonable factual basis for the trial court’s finding or the record establishes that the finding is clearly wrong, then the appellate court shall set aside the … Pellegrin’s testimony also clearly establishes that L.J. was distressed about the possibility of being removed from her home and school environment and leaving her mother and friends. Despite Dr.

In Re Succession of Gore

931 So. 2d 1150 · Louisiana Court of Appeal · May 10, 2006

Lansou as her agent and attorney-in-fact, which read as follows: BEFORE ME, the undersigned authority duly qualified in the State and Parish aforesaid, personally came and *1152 appeared Connie Gore SS# ... … Gore did not grant her daughter the specific authority to execute, amend, and make donations to the trust, she clearly ratified her daughter's actions."

City of Broussard v. Watkins

3 La.App. 3 Cir. 1383 · Louisiana Court of Appeal · Mar 31, 2004

The case sub judice was heard by and acted upon by an attorney magistrate, so the magistrate was presumptively qualified to fulfill a judicial role. … The constitutionality of the statute was clearly not the central focus of any hearing and the trial record does not contain any arguments on the topic.

John Robinson, Jr. v. Pelican Waste & Debris, LLC, Prime Insurance Company and Jamie Delasbour

Louisiana Court of Appeal · Sep 3, 2024

Nevertheless, having been qualified as an expert witness in other cases, is not determinative of whether he was qualified to testify as an expert witness in the case presently before us. … Further, a plaintiff must establish that future medical expenses will more probably than not be incurred. Menard, 31 So. 3d at 1006.

LOUISIANA B. & T. CO., CROWLEY v. Roanoke Rice Co-Op.

298 So. 2d 868 · Louisiana Court of Appeal · Jun 28, 1974

In order to obtain collateral for loans which he sought, Smith established the B.H.S. … We believe the evidence sufficiently establishes the losses suffered by plaintiffs.

F. Patrick Quinn, III v. Edwin M. Palmer and Decatur Hotels, L.L.C.

Louisiana Court of Appeal · Feb 5, 2024

DISCUSSION Standard of Review and Outline of Opinion Established jurisprudence provides that “in all civil matters, the appropriate standard for appellate review of determinations is the manifest error-clearly … Qualifying relationships include, but are not limited to, preceding and succeeding owners of property, bailee and bailor, and assignee and assignor. . . .

International Paper, Inc. v. Bridges

954 So. 2d 321 · Louisiana Court of Appeal · Apr 4, 2007

The question in this case is whether the three chemicals, sodium cholrate, hydrogen peroxide and elemental oxygen, which were purchased and used by IP in an oxidation process, qualify under the reprocessing exception of La … We conclude that the expert testimony also established that the chemicals in question were of benefit to the end product, thereby meeting the third requirement of the reprocessing test.

Mary Elizabeth Chaisson v. Dr. MacGruder Drake

Louisiana Court of Appeal · Nov 7, 2012

The risk of Kemp grabbing Griffin’s arm while she was transferring from the wheelchair to the easy chair was clearly one of the types of risks that Griffin was contractually obligated to guard against … In the same vein, Plaintiff attempts to take the position she was not qualified to assist Dr. Drake from a standing 4 position to a sitting position in his wheelchair.

Wright v. Hollywood Marine, Inc.

789 So. 2d 49 · Louisiana Court of Appeal · May 23, 2001

Factual findings made by the trial court in a claim under general maritime law are reviewed under a clearly erroneous standard, which is the same manifestly wrong or clearly wrong standard of review used by the Louisiana … Clearly, plaintiff had the experience and training to do this job safely and properly.

State v. Kyles

233 So. 3d 150 · Louisiana Court of Appeal · Dec 7, 2016

An accomplice is qualified to testify against a co-perpeteator even if the | inprosecution offers him inducements to testify and such inducements would merely affect the witness’s credibility. … Forbes’ testimony at trial was consistent with the physical evidence presented' and clearly demonstrated defendant and Forbes’ roles in the murder of the victim.

May Yen v. Avoyelles Parish Police Jury

Louisiana Court of Appeal · Dec 5, 2007

This statute has been described as a tripartite prescription provision: A straightforward reading of this statute clearly demonstrates the statute sets forth two prescriptive limits within which to bring … provides that “[a]ll malpractice claims against the state, its agencies, or other persons covered by this Part, other than claims wherein the patients are prisoners . . . shall be reviewed by a state medical review panel established

Ricky A. Carver v. Pamela Ann Sumler Carver

Louisiana Court of Appeal · Apr 18, 2018

Ordered Ricky to cooperate upon his retirement, to affect a Qualified Domestic Order according to the Sims formula. Pamela timely filed a motion for devolutive appeal. … Under manifest error or clearly wrong standard of review, an appellate court must determine whether the trial court made a factual finding that was manifestly erroneous or clearly wrong and must review the record in its