Case law

State v. Coutee

545 So. 2d 571 · Louisiana Court of Appeal · May 10, 1989

The statement was clearly part of the "res gestae" and was thus admissible. See former LSA-R.S. 15:447 and 448. [3] This assignment of error is meritless. … ASSIGNMENT OF ERROR NO. 7 The defendants claim that the trial court erred in allowing Trooper Whitehorn to explain what "coke" denotes in the drug trade without being qualified as an expert in narcotics.

Debra S. Lenox v. Central Louisiana Spokes, LLC D/B/A Renegade

Louisiana Court of Appeal · Sep 21, 2022

the finding is clearly wrong. … “The unambiguous language of La.R.S. 23:1201 clearly establishes that penalties and attorney fees for failure to timely pay benefits shall be assessed unless the claim is reasonably controverted or such nonpayment results

Precht v. Case Corp.

756 So. 2d 488 · Louisiana Court of Appeal · Feb 16, 2000

Standard of Review A jury's finding of fact may not be reversed absent manifest error or unless it is clearly wrong. Stobart v. State, through Dep't of Transp. and Dev., 617 So.2d 880 (La.1993). … The trial court qualified him as an expert in safety engineering, failure analysis, and accident reconstruction.

State v. Bell

947 So. 2d 774 · Louisiana Court of Appeal · Dec 6, 2006

The use of the word "submitted" in the guideline clearly indicates to us that all that is required is delivery to the laboratory within seven days. The testing may occur at a later time. This assignment has no merit. … The appellant now argues that the trial court erred by granting the State's motion in limine because he needed them to counter the State's attempts to establish the reliability of Off.

Austin v. Travelers Insurance Co.

79 So. 2d 383 · Louisiana Court of Appeal · Mar 22, 1955

In simple language, plaintiff complains to be suffering from- the effect of TNT poisoning, which clearly brings him under the above quoted wording of the statute, for according to the uncontroverted testimony of one of the … DeLee, an eminently qualified specialist in internal medicine, whose qualifications, however, according to the record, only reflect his graduation from Tulane University in 1934. Dr.

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.

Crooks v. Department Of Natural Resources

263 So. 3d 540 · Louisiana Court of Appeal · Dec 28, 2018

The district court erred in its application of the multi-factor test established by the Louisiana Supreme Court in State v. … Michael Mayeaux was qualified as an expert in the field of land surveying.

State v. Video Joe, Inc.

578 So. 2d 182 · Louisiana Court of Appeal · Mar 28, 1991

Defendants submit that the exhibit clearly indicates an attempt by Mr. Howard, prior to obtaining X-rated movies, to ascertain whether he could legally rent such movies, indicating his lack of intent to violate the law. … Howard, such assurances could not serve to preclude, diminish or otherwise affect the intent requirements established by state law in LSA-R.S. 14:106, nor serve as a defense to a violation of LSA-R.S. 14:106. Cf.

LeBlanc v. St. Paul Fire and Marine Ins. Co.

772 So. 2d 133 · Louisiana Court of Appeal · Sep 6, 2000

s Hart, Mixon, and Stewart to establish that supplemental thyroid therapy does not cause Grave's Disease. … Silverberg also testified drugs may trigger Grave's Disease, but he qualified this acknowledgment by stating such occurrences are unlikely. Dr.

State v. Saulny

16 La.App. 5 Cir. 734 · Louisiana Court of Appeal · May 17, 2017

Poret who shot her and she mumbled the name “Noonie,” which he heard clearly. … As an intermediate appellate court, this Court is obliged to follow the precedent established by the Louisiana Supreme Court. See State v.

Lester v. Exxon Mobil Corp.

2012 La.App. 4 Cir. 1709 · Louisiana Court of Appeal · Jun 26, 2013

Hence, the Court imposed the additional burden on the plaintiff to establish factor(s) which would support a finding that his claim was valid. … Thus, when a defendant’s tortious act causes someone bodily harm, be it a broken armor asbestosis, the law clearly affords recovery.

Hardy v. State, Through Dept. of Highways

404 So. 2d 981 · Louisiana Court of Appeal · Aug 13, 1981

Walton was not qualified and competent to testify as an expert. Tr. 737. It was never clear that Dr. … We consider the facts of the two cases to be clearly distinguishable.

Coalition for Good Gvt. v. Louisiana Dept. of Environmental Quality

772 So. 2d 715 · Louisiana Court of Appeal · Oct 18, 2000

Subsequently, MSP also began processing waste that qualified as hazardous pursuant to the Resource Conservation and Recovery Act (RCRA) and Louisiana law. … He shall adopt rules and regulations consistent with this Section establishing criteria for making this determination and prior to any determination on the permit issue a report summarizing his findings.

Elio Motors, Inc. v. La. Motor Vehicle Comm'n

268 So. 3d 1132 · Louisiana Court of Appeal · Mar 27, 2019

manufacturing facilities in the United States that produce fuel-efficient advanced technology vehicles (ATVs) or qualifying components, or who perform engineering integration in the U.S. for ATVs or qualifying components … The asterisk next to the price referred the reader to the same qualifying language noted above.

In re Heyd

261 So. 3d 74 · Louisiana Court of Appeal · Dec 6, 2018

Proof of this defense must be by a preponderance of the evidence, but the unsupported testimony of the disinherited heir shall not be sufficient to establish this defense. … The Court believes that suing one's own father can clearly be construed as mental cruelty pursuant to La. C.C. art. 1621(2). Mr.

Keyon Youngblood and Joshua Youngblood v. Deone Hampton, Reinhart Transportation, LLC, and Ace American Insurance Company

Louisiana Court of Appeal · Dec 9, 2022

“[T]he trial court is afforded wide discretion in determining whether expert testimony should be admitted and who should or should not be qualified as an expert. … A trial court's decision to qualify an expert will not be overturned absent an abuse of discretion.” Boudreaux v. Bollinger Shipyard, 15-1345, p. 15 (La.

Willow Bend Ventures, LLC Versus Collector, St. John the Baptist Parish, Sales and Use Tax Office

Louisiana Court of Appeal · Aug 14, 2019

collected under established law. … Tax exemptions are strictly construed in favor of the State and “must be clearly and unequivocally and affirmatively established” by the taxpayer. Vulcan Foundry, Inc. v.

Teague v. St. Paul Fire and Marine Ins. Co.

2006 La.App. 1 Cir. 1266R · Louisiana Court of Appeal · Apr 7, 2009

duty established under the Rules gives rise to a claim in tort.” … He clearly failed to meet that burden. Where Dr.

Leroy Johnson v. Lofton Staffing Services, Inc.

Louisiana Court of Appeal · May 4, 2022

Sledge to establish causation. 4. It was manifest and/or legal error for the [WCJ] to conclude that Appellee established causation. 5. … Thus, the WCJ found that Johnson carried his burden to prove entitlement to indemnity benefits as of November 14, 2019, via medical evidence from a qualified medical provider having placed restrictions on his work status

State in the Interest of C.D.

Louisiana Court of Appeal · Dec 5, 2007

The statute clearly differentiates between hospital records and those of other health care providers. … The “business records exception” requires live testimony from the records custodian or other qualified witness to lay a foundation for admissibility. La.Code Evid. art. 803(6).