Case law

Franks v. City of Alexandria

128 So. 2d 310 · Louisiana Court of Appeal · Mar 22, 1961

Legislature could not waive the sovereign's immunity from tort liability. … In our opinion the above quoted provision of the Constitution, as amended in 1960, clearly authorizes the Legislature, by resolution, to waive the sovereign immunity of a municipality from tort liability.

Simeon v. Doe

602 So. 2d 77 · Louisiana Court of Appeal · May 28, 1992

The trial court erred by denying DHHR legislative immunity from tort liability for its discretionary decisions. Even if DHHR is not immune, we find that DHHR was not negligent. … Testimony established that, of the fourteen known cases in Louisiana of vibrio vulnificus induced septicemia caused by eating raw oysters between 1977 *86 and 1985, ten of those cases resulted in death.

Mayhorn v. McKinney

793 So. 2d 225 · Louisiana Court of Appeal · Jun 20, 2001

Applied in the context of vendors who are not business establishments, such liability is referred to as "social host liability." Louisiana enacted La. … The record in the case sub judice clearly reveals that Mr. Triggs provided alcoholic beverages as a social host at his retirement party. In addition, Mr. Mayhorn *230 was 35 years old at the time of the incident and Ms.

Brown v. ANA Ins. Group

965 So. 2d 902 · Louisiana Court of Appeal · Jul 18, 2007

Clearly, the appointment of assistants is authorized under the Insurance Code. La. R.S. 22:743. … The only exceptions to immunity are clearly listed in LSA-R.S. 9:2798.1 C.

Arvel v. City of Baton Rouge

234 So. 2d 458 · Louisiana Court of Appeal · Apr 13, 1970

This stake, which protruded some 12 inches from the ground, was placed within a clearly visible footpath leading from the center of the gate to the front steps of the *461 plaintiffs’ home. … The defendant-city in the Cook case had filed an exception of no cause or right of action on the theory of governmental immunity.

McCurdy v. Ault

654 So. 2d 716 · Louisiana Court of Appeal · Apr 7, 1995

Finn was a qualified chiropractor at the time of trial, the record clearly reveals that he was not a licensed chiropractor at the time of McCurdy's treatment by the defendants. Additionally, Dr. … is clearly wrong.

Owens v. Smith

541 So. 2d 950 · Louisiana Court of Appeal · Mar 29, 1989

Defendants' contention is, however, that one who becomes a possessor to the extent that he has the right to maintain a possessory action is immunized *955 from standing in damages for his act of trespass in taking possession … As we have decided that the fence in question failed to qualify as a visible boundary within the province of LSA-C.C.

Khiry Cosey on Behalf of Her Minor Children, Corbin Hilliard and Alyssa Hilliard Individually and on Behalf of the Estate of Reginald Hilliard, Jr. v. Flight Academy of New Orleans, LLC; Jazz Aviation, LLC; Qbe Insurance Corporation; Christiansen Aviation, Inc.; Abc Insurance Company; Signature Flight Support Corporation; Allianz Global Corporate & Specialty Se; The Estate of James Biondo; And Def Insurance Company

Louisiana Court of Appeal · Jan 18, 2023

This presumption, the Supreme Court observed, can be rebutted by establishing one of three statutory exceptions. … Biondo was FANO’s employee, as established by the employment contract between Mr. Biondo and FANO dated February 2016; Mr.

Oubre v. Louisiana Citizens Fair Plan

9 La.App. 5 Cir. 620 · Louisiana Court of Appeal · Nov 9, 2010

Citizens also contends it is entitled to statutory immunity. La. … Accordingly, we conclude that Citizens qualifies as an insurer pursuant to state statute and we further hold that Citizens is not entitled to immunity from the imposition of penalties in this case.

Brown v. Ebasco Services, Inc.

461 So. 2d 443 · Louisiana Court of Appeal · Dec 11, 1984

Defendants argue that the petition alleges only negligence, not an intentional tort, and that they are therefore immune by reason of the compensation law, R.S. 23:1032. … It is clearly not only a matter of L.P. & L.'s authority to construct such plants, but as we see it, it is also its duty to do so.

State v. Exxon Corp.

676 So. 2d 783 · Louisiana Court of Appeal · Jun 28, 1996

Even if the word "exemption" is not expressly used, an exemption is created if the effect of the *787 provision is to grant an immunity from taxation. … Exxon has neither established the absence of unresolved issues of material fact nor shown it was clearly entitled to judgment as a matter of law.

State v. Gremillion

529 So. 2d 497 · Louisiana Court of Appeal · Jun 22, 1988

or qualified to give an opinion as to the cause of death. 5. … Caillouet was qualified to testify as an expert witness when he was not qualified as such. 6.

HONTEX ENTERPRISES v. City of Westwego

833 So. 2d 1234 · Louisiana Court of Appeal · Dec 11, 2002

R.S. 29:735 affords them immunity from all acts taken due to the state of emergency. … The facts as set forth in the various depositions clearly establish that restricting the water that was being discharged from Hontex's pumps caused the pumps to fail.

State v. Marquer

446 So. 2d 1258 · Louisiana Court of Appeal · Feb 13, 1984

Detective Taplin was qualified as an expert in the field of drug abuse and distribution of drugs in New Orleans. … Chester's remarks about what his priorities should be were apparently addressed to defense counsel's questioning why some of the state's witnesses were given immunity.

Henderson v. Guillory

546 So. 2d 244 · Louisiana Court of Appeal · Jun 14, 1989

The record shows that the communication was made in good faith to the proper parties and was entitled to a qualified privilege. … in furtherance of a legitimate state interest, he was immune from a judgment for damages.

Willis v. Ean Holdings

2015 La.App. 1 Cir. 1538 · Louisiana Court of Appeal · Apr 12, 2017

Clearly, Empire is a private insurer and was in no way acting under the color of state law. Thus, Ms. Willis could not meet her bux--den of proving her Fourteenth Amendment claims. … Appeals are favored, and penalties for frivolous appeal'will not be imposed unless they are clearly due. Id.

Davis v. English

660 So. 2d 576 · Louisiana Court of Appeal · Sep 22, 1995

Davis, a registered voter qualified to vote in Senate District 39, has standing to contest the candidacy of Mr. … Art. 38: *578 The domicile of each citizen is in the parish wherein he had his principal establishment.

Campbell v. HOSPITAL SERV. DIST. NO. 1, CALDWELL PARISH

768 So. 2d 803 · Louisiana Court of Appeal · Oct 4, 2000

Although the plaintiffs did not offer deposition testimony from an expert in emergency medicine, the record clearly shows that the diagnosis and treatment of angina leading to a MI is not peculiar to the practice of emergency … room medicine and that plaintiffs' expert witnesses (both cardiologists) in this case were more than qualified to establish the standard applicable to Nguyen's care of Campbell that day.

Arrant v. Graphic Packaging International, Inc.

127 So. 3d 924 · Louisiana Court of Appeal · Sep 25, 2013

R.S. 28:1031.1 and Defendants are entitled to the tort immunity provided to employers under the Louisiana Workers’ Compensation Act (“LWCA”). … , he must further establish that the illness is disabling.

Johnson v. STATE DEPT. OF SOCIAL SERVICES

943 So. 2d 374 · Louisiana Court of Appeal · Jun 9, 2006

"Otherwise qualified" means that were he not handicapped, Johnson would have qualified for the program or benefits he was denied because of his handicap. … Since Johnson is not "otherwise qualified" to receive the vocational rehabilitation services denied to him because of the alleged discrimination, he has failed to establish entitlement to damages under § 794.