Case law

State v. Zeigler

920 So. 2d 949 · Louisiana Court of Appeal · Jan 25, 2006

When the direct evidence is thus viewed, 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 … In the instant case, a review of the record clearly shows that the evidence was sufficient to support Zeigler's conviction, even without consideration of the questioned testimony.

Ashley Pratt, Individually and on behalf of all others similarity situated v. University of Louisiana at Lafayette, The Board of Supervisors for the University of Louisiana Systems, and the University of Louisiana System

Louisiana Court of Appeal · Oct 21, 2022

, and b) have total qualified educational expenses that exceed the student' s total financial aid package. … The evidence established that, since the enactment of La. R.S. 17: 3351. 9 and La. R.

Casey Slaydon Versus River Oaks, Inc. D/B/A River Oaks Hospital

Louisiana Court of Appeal · Apr 24, 2024

Stonecypher was not qualified to testify regarding medical causation because this was outside of the realm of nursing care. The matter came for hearing on March 16, 2023. … R.S. 9:2794(D), registered nurses are not qualified to provide expert testimony regarding the applicable standard of care provided by physicians. Moss, 329 So.3d at 1105. Therefore, to the extent that Mr.

Coats v. City of Bossier City

720 So. 2d 1283 · Louisiana Court of Appeal · Oct 30, 1998

Clearly, Coats' cardiovascular disease qualifies as a heart condition. … Bossier City, through cross-examination of Coats and his medical experts, although unable to establish that claimant's heart disease was unrelated to his employment with the fire department, did show that his disabling condition

National Union Fire Ins. Co. v. Harrington

854 So. 2d 880 · Louisiana Court of Appeal · Apr 17, 2003

On appeal, a trial court's acceptance of a witness as an expert will not be disturbed, unless it is clearly erroneous. Id. Mr. … The burden of proof is on the person denying knowledge of the document to establish that they were deceived. Id. Mr.

Plaquemines Dirt & Clay Company, L.L.C. v. Plaquemines Parish Government

Louisiana Court of Appeal · Sep 22, 2025

The group established a business entity for the purchase and named the business PDC. Mr. … In 2008, he was hired by PDC to prepare documents that would qualify PDC as a government-approved contractor-furnished borrow pit.

Ek v. Nationwide Candy Division, Ltd.

403 So. 2d 780 · Louisiana Court of Appeal · Jul 22, 1981

We do the rest if you qualify. In Beaumont, Call Mr. Barron (713) 892-2222 Sunday, Monday, Tuesday, (9-9) only Nationwide Candy Division 6455 Almaden Expwy, San Jose Calif." … The record in the instant case clearly established that the plaintiff, Mrs. Ek, invested the sum of $6,597.00 in the subject vending machine transaction.

Fritscher v. Chateau Golf & Country Club

453 So. 2d 964 · Louisiana Court of Appeal · May 30, 1984

Curt Steiner was qualified as an expert in certified public accounting for the defendant. He had reviewed Fritscher's returns for the years 1972-1981. … App. 2d Cir.1981), states: A plaintiff has a right to recover for the cost of future medical treatment and these damages should not be denied because it is impossible to establish the nature and extent of the treatment that

State of Louisiana v. Tyrone Steele

Louisiana Court of Appeal · Jun 12, 2025

Manuel was qualified as an expert in forensic DNA analysis. 6 Dr. O’Sullivan, who was qualified as an expert in forensic pathology, conducted several autopsies relevant to this appeal. Dr. … Therefore, we find that the record contains sufficient evidence to establish that Mr. Steele was guilty of the greater offense, first-degree murder.

Cornett v. STATE THROUGH WO MOSS REG. HOSP

614 So. 2d 189 · Louisiana Court of Appeal · Feb 3, 1993

Martin Lewis Bell as an expert qualified to testify as to the standard of care applicable to the defendant hospital. Dr. … We cannot say that the penalties for frivolous appeal are clearly due in this case. We affirm.

Amy Robinson v. Allen Parish Police Jury

Louisiana Court of Appeal · Dec 30, 2005

While medical evidence might be necessary to establish whether the delay in transporting Mr. … The licensing requirements clearly differentiate between its health care and professional medical services functions and its function as a provider of vehicles of transportation.

Derek Blaine Baumbouree v. Sharon Meche Baumbouree

Louisiana Court of Appeal · Jul 13, 2016

The sell/buy provisions of Articles IV and VI were valid and binding stock transfer restrictions, and clearly governed the valuation of the stock. … Instead, such restrictions “merely qualify the privilege of disposition of the stock.” Rao v. Rao, 927 So.2d 356 (La.App. 1 Cir. 2005), writ denied, 925 So.2d 1232 (La. 2006).

Succession of Sirgo

14 La.App. 5 Cir. 324 · Louisiana Court of Appeal · Oct 29, 2014

In Barattini, supra, the court noted that “[w]hen factual findings are based on determinations regarding the credibility of witnesses, the manifest error-clearly wrong standard of review demands great deference to the trier … Dominy was not qualified to testify as to the meaning of anything in the nursing home records.

Boudreaux v. STATE, DEPT. OF TRAN. AND DEV.

906 So. 2d 695 · Louisiana Court of Appeal · Jun 10, 2005

Some of the representative plaintiffs did try to salvage appliances and furnishings by either having qualified repairmen inspect, clean, and dry out damaged appliances or having friends or relatives with such credentials … In assignment of error number eight, the State asserts that the trial court's determination that all of the class plaintiffs who submitted claim forms are entitled to mental anguish damages was clearly wrong.

In re State in Interest of T.A.G.

269 So. 3d 1159 · Louisiana Court of Appeal · Apr 10, 2019

T.A.G., who has medical insurance coverage through Medicaid, was behind on her immunizations when she came into J.C.'s care. … The record clearly shows two separate deficiencies, bordering on being violative of due process, concerning counsel.

Chaisson v. Pellerin & Sons, Inc.

269 So. 3d 868 · Louisiana Court of Appeal · Apr 3, 2019

The WCJ clearly erred by concluding that any evidence discredited or cast serious doubt on plaintiff's incident-related testimony. 2. … Chaisson's credibility leans [sic] itself to establishing that an accident occurred by a preponderance of the evidence when his testimony is contradicted by other testimony and is not really corroborated by testimony and/

State v. Kohler

434 So. 2d 1110 · Louisiana Court of Appeal · May 17, 1983

Clearly, this is precisely the situation encompassed by the intent and letter of the above cited procedural articles. In State v. St. … Qualified jurors need not, however, be completely ignorant of the facts and issues involved. Murphy v. Florida, 421 U.S. 794 , 95 S.Ct. 2031 , 44 L.Ed.2d 589 (1975).

Howard v. Lee

185 So. 3d 144 · Louisiana Court of Appeal · Jan 13, 2016

It is a well-established rule that the trial judge has wide discretion in acting upon a motion for continuance. The ruling will not be disturbed- on appeal in the absence of a clear showing of abuse of that discretion. … Therefore, the defendants must have contemplated that the potential amount of damages in this case qualified for a jury trial. As noted above, Shapell suffered a wrist injury and other injuries in the accident. .

Succession of Pittman

282 So. 2d 799 · Louisiana Court of Appeal · Jun 29, 1973

Since he was admittedly not a qualified appraiser and realtor and since the Court did not feel that as an opponent he could be considered "objective", he was rejected as an expert, but allowed to testify as a building contractor … App.] 1972), 270 So.2d 218 , wherein the court said: `it is well established that a husband purchasing immovable property during the existence of a marriage must make a declaration in the act of conveyance that the property

Laura Carter v. Iberia Parish School Board

Louisiana Court of Appeal · Dec 13, 2017

“The determination of whether an employer should be cast with penalties and attorney fees in a workers’ compensation case is essentially a question of fact and subject to the manifest error/clearly wrong standard of review … Additionally, in Ward, 53 So.3d 421, the Louisiana Supreme Court held that the OWC hearing officer “was not clearly wrong in determining Ms. Ward proved by a preponderance of the evidence” that Ms.