Case law

State v. Thompson

2016 La.App. 4 Cir. 0409 · Louisiana Court of Appeal · Nov 23, 2016

He requested the trial court establish a monetary value for the seized property of $635,000.00. … The LDWF also contends that it is statutorily immune from any liability under La.

Beckstrom v. Parnell

714 So. 2d 188 · Louisiana Court of Appeal · May 15, 1998

With regard to the Putnam trade, we cannot say that the trial court was clearly wrong in determining that February 24, 1989, was the date that Mr. … Consequently, the claim qualifies as a personal action subject to the 10 year prescriptive period.

Stevenson v. Bolton Co., Inc.

484 So. 2d 678 · Louisiana Court of Appeal · Mar 31, 1986

The medical evidence clearly establishes plaintiff's long history of back and leg pain related to numerous traumas, as well as to female and urinary disorders. … The author of Fruge (Judge Tate) qualified the Fruge quote used by the majority in a dissenting opinion in Frame v.

Martin v. Pride Offshore Co.

2005 La.App. 1 Cir. 2373 · Louisiana Court of Appeal · Nov 3, 2006

Since Martin’s accident does not qualify for any of these exceptions, Martin was not in the course and scope of employment at the time of the accident. … DeGruy had a prior accident and then suffered a clearly definable second accident in the course and scope of his employment.

Deason v. Greyhound Corporation

106 So. 2d 348 · Louisiana Court of Appeal · Oct 8, 1958

The carrier is no more responsible for them than is the passenger. * * * "`Defendant's charge 3, was clearly correct. … App., 68 So.2d 228, 231 , as follows: "The standard of care required of the carrier is qualified only by a reciprocal duty of passengers not to contribute to such injury by any want of ordinary care."

Christopher J. Bruno v. Jennifer M. Medley, Individually and "Jennifer M. Medley Campaign Fund"

Louisiana Court of Appeal · Nov 2, 2020

Sullivan[, supra,]” appellate courts “must exercise independent judgment and determine whether the record establishes actual malice with convincing clarity.” Bose Corp. v. … A district court is “afforded wide discretion” in admitting expert testimony, and the “district court’s decision to qualify an expert will not be overturned absent an abuse of discretion.” Cheairs v. State ex rel.

State v. Trahan

10 La.App. 3 Cir. 1150 · Louisiana Court of Appeal · Apr 6, 2011

“Specific intent may be established by the circumstances surrounding an accused’s actions. State v. Anderson, 98-492 (La.App. 3 Cir. *796 10/28/98) , 721 So.2d 1006 , writ denied, 98-2976 (La.3/19/99), 739 So.2d 781 .” … Dane Allen was given immunity for his testimony. He testified that Harrington told him “they” shot James, and, while Defendant cleaned up the room, Harrington burned the body.

Board of Com'rs v. Louisiana Com'n on Ethics

416 So. 2d 231 · Louisiana Court of Appeal · May 25, 1982

Splendour Shipping & Enterprises Company, Inc., 273 So.2d 19 (La. 1973) the Dock Board alleged that it was an agency of the State of Louisiana and claimed sovereign immunity from suit in tort. … requiring a "super majority" two-thirds vote of the elected members of each house to affect their organization and structure, powers and functions, territorial jurisdiction and membership. [8] Article VI, Section 43, Part IV, clearly

State v. Lamonica

44 So. 3d 895 · Louisiana Court of Appeal · Jul 29, 2010

Clearly, Dr. Ofshe’s current area of focus was on interrogation-driven confessions, as indicated by his discussions of U.S. v. Hall and the “West Memphis Three” case. In fact, Dr. … When asked by the prosecutor how long it had been since he was qualified and allowed to testify in the area of high-control techniques by any religious or other cult, Dr.

State v. Segura

13 La.App. 3 Cir. 398 · Louisiana Court of Appeal · Dec 11, 2013

Upper-level Iberia Parish officials were clearly connected with the newspaper article. … The Goodson court clearly delineated degrees of taint for potential jurors.

Bacle v. Wade

607 So. 2d 927 · Louisiana Court of Appeal · Oct 28, 1992

Before the court of appeal can disturb an award of general damages, the record must clearly reveal that the trial court abused its discretion. Coco v. Winston Indus. Inc., 341 So.2d 332 (La.1976). … Cerise, supra, if the medical evidence establishes a "reasonable possibility" of causation. Dr.

State v. Williams

833 So. 2d 497 · Louisiana Court of Appeal · Nov 26, 2002

He contends the State did not make a diligent effort to locate Rodrigue and, thus, he did not qualify as an unavailable witness. … The State's efforts to locate Rodrigue clearly exceed those efforts made in Kaufman as well as Fuller .

State v. Price

952 So. 2d 112 · Louisiana Court of Appeal · Dec 28, 2006

The evidence clearly established that the defendant had an unlawful blood alcohol concentration while he was operating his vehicle. … However, Rodrigue's testimony qualifies under La.Code Evid. art. 803(1) as an exception to the general rule against the admissibility of hearsay.

State of Louisiana v. John Drummer, Jr.

Louisiana Court of Appeal · Jun 6, 2018

Carter), who was qualified as an expert in forensic pathology by the trial court. Dr. Carter testified at the motion for new trial that she reviewed Dr. … Mayeux interpreted facts based on his medical knowledge, skill, training, and experience and that is exactly what an expert witness is qualified to do.

In Re: Medical Review Panel Claim Of: Ashley Babin

Louisiana Court of Appeal · Dec 15, 2021

malpractice claims against health care providers covered by this Part, other than claims validly agreed for submission to a lawfully binding arbitration procedure, shall be reviewed by a medical review panel established … Frederick as the succession representative of the estate also could not qualify as a “claimant” because Ms.

State of Louisiana v. Travis Boys

Louisiana Court of Appeal · May 26, 2021

We find Estelle clearly distinguishable from the instant matter. In this case, Mr. … Deland’s direct examination established, in part, that she reached her opinions of Mr. Boys based on impressions formed during her competency evaluations. Thus, the record clearly refutes Mr.

State ex rel. Hastings v. Hastings

2002 La.App. 3 Cir. 379 · Louisiana Court of Appeal · Oct 30, 2002

Moran, 400 So.2d 1359 (1981), establishes that Mr. Hastings’ payments must be imputed to his current child support obligation. Mr. … The legislature was quite specific with regards to the types of burdens that qualify an obligor for automatic imputation of a payment.

State v. Allen

129 So. 3d 724 · Louisiana Court of Appeal · Nov 20, 2013

The State and the defense stipulated that Kenneth Leary was qualified as an expert in firearms and ballistics; that he examined the firearm recovered from the residence where Mr. … It had already been established by the State’s main witness that Mr. Charles shot atj^Mr. Brown in July 2004. Given this known fact, evidence that Mr.

Neville Kirt; Alvin Kirt; And Lamont Kirt, Individually and on Behalf of Elaine Kirt v. Rebecca C. Metzinger, M.D.; Theodore C. Strickland, III, M.D.; Administrators of the Tulane Educational Fund D/B/A Tulane; Pauline Taquino, Crna; Gayle Martin, Crna; Parish Anesthesia Associates, Ltd, a Professional Medical Corporation

Louisiana Court of Appeal · Nov 4, 2024

“When prescription is raised by peremptory exception, with evidence being introduced at the hearing on the exception, the trial court’s findings of fact on the issue of prescription are subject to the manifest error-clearly … that the patient was unaware of the malpractice prior to the alleged date of discovery, the burden shifted to the patient to show why his claims are not prescribed).15 Accordingly, the burden shifts to Plaintiffs to establish

System Fuels, Inc. v. Kennedy

858 So. 2d 585 · Louisiana Court of Appeal · Jun 27, 2003

Every domestic corporation and every foreign corporation, exercising its charter, or qualified to do business or actually doing business in this state, or owning or using any part or all of its capital, plant, or any other … Absent evidence to the contrary, the language of the statute itself must clearly and unambiguously express the intent to apply to the property in question.