Case law

Farley v. STATE THROUGH DEPT. OF TRANSP.

680 So. 2d 750 · Louisiana Court of Appeal · Sep 27, 1996

XII, § 10 provides a general prohibition against sovereign immunity: § 10. Suits Against the State Section 10. (A) No Immunity in Contract and Tort. … The evidence at trial established the plaintiffs, four of Ms. Farley's eight children, are all majors, none of whom are supported by Ms. Farley. One of the daughters, Ms.

Johnson v. City of Morgan City

787 So. 2d 326 · Louisiana Court of Appeal · Dec 22, 2000

R.S. 9:2791 and 9:2795 thus clearly apply to public bodies such as the state, a city or a parish. La.R.S. 9:2795 E. Following Keelen v. … The jurisprudentially established test is comprised of three parts. First, the property upon which the injury occurs must be an "undeveloped, nonresidential, and rural or semirural" locale.

Shoemaker v. CITY OF SHREVEPORT EMERGENCY MED. SERV.

728 So. 2d 1031 · Louisiana Court of Appeal · Feb 24, 1999

Lambert stated he reviewed the EMS report, and the information in the report shows that Shoemaker did not qualify under any of the six enumerated criteria for major trauma set forth in the Emergency Transport Policy mandating … Civil immunity for emergency medical personnel now appears in La. R.S. 40:1233.

Craig Aucoin v. Sheriff Jerry J. Larpenter, ex officio as the Terrebonne Parish Sheriff; Terrebonne Parish Consolidated Government through the Parish President Gordon E. Dove; and Richard "Petie" Neal

Louisiana Court of Appeal · Apr 16, 2021

Clearly, LSA- R. S. 15: 703( D) provides immunity only for the parish and its governing authority. Therefore, LSA- R. S. 15: 703( D) does not apply to Neal. … S. 40: 1133. 13 grants emergency medical personnel qualified immunity for liability from ordinary negligence claims, this immunity only applies under limited circumstances.

In re Buquet

184 So. 2d 288 · Louisiana Court of Appeal · Feb 28, 1966

Paragraph C establishes the policy of prescribing essential restrictions against conflicts of interest without creating unnecessary barriers to public service by qualified individuals. … The policy declaration of the Code of Ethics contained in Section 1101, supra, clearly recognizes the advantages and benefits to the state in securing the services of persons best qualified, provided legal safeguards be established

Marsh Engineering Inc. v. Parker

4 La.App. 3 Cir. 0509 · Louisiana Court of Appeal · Sep 29, 2004

"[W]hen an immunity from suit is classified as personal, an insurer may not plead the immunity as a defense to a suit under the Direct Action Statute." Liberty Mut. Ins. Co. v. State Farm Mut. Auto. Ins. … Louisiana courts have held the following immunities to be personal to the insured and therefore unavailable to the insurer: interspousal immunity, parental immunity, governmental immunity, charitable immunity, minority, bankruptcy

Wells v. State Through Dept. of Highways

450 So. 2d 1027 · Louisiana Court of Appeal · May 30, 1984

They contend that the fact that ViCon contracted to do work and then contracted with another for performance of the work is sufficient to establish statutory employer status. We agree with defendants' contention. … Quaid's affidavit clearly shows that ViCon contracted to do work for the State of Louisiana and then contracted with Fortenberry to perform part of the work. In doing so, ViCon became the statutory employer of Wells.

Ruben E. Williams v. Touro Infirmary, a Non-Profit Corporation

Louisiana Court of Appeal · Dec 20, 2023

Williams might have suffered were due to an open and obvious condition, and also sought to invoke the qualified immunity afforded to health care providers during a declared state of public health emergency,2 codified under … Williams could not prove that Touro was grossly negligent under the heightened standard of qualified immunity provided for under the Louisiana Health Emergency Powers Act (the “LHEPA). 5 Louisiana Code of Civil Procedure

Haik v. Allstate Insurance Co.

2009 La.App. 4 Cir. 0860 · Louisiana Court of Appeal · Mar 31, 2010

We find that the trial court was not manifestly erroneous or clearly wrong and affirm. … is clearly wrong or manifestly erroneous.

Rome v. London & Lancashire Indemnity Co. of America

169 So. 132 · Louisiana Court of Appeal · Jun 22, 1936

I cannot agree with the opinion of my associates on the question of law which is principally involved here, and, in order to set forth clearly my view, • I deem it advisable to restate the entire case. Mr. and Mrs. … It has already been firmly established that municipalities are liable for such damage.

Bergeron v. Argonaut Great Central Insurance Co.

2010 La.App. 1 Cir. 0842 · Louisiana Court of Appeal · Mar 25, 2011

Welch was qualified to render an opinion in this matter. … All establishments that sell or serve raw oysters must display signs, menu notices, table tents, or other clearly visible messages at the point of sale with either of the following wording: 1.

Snyder v. Taylor

523 So. 2d 1348 · Louisiana Court of Appeal · Mar 30, 1988

Here DOTD failed to establish when the intersection was built and whether it then met standards in effect. … The co-employee, like the employer, even though negligent, is absolutely immune from tort liability at all levels, even from contribution to another tortfeasor who is not immune.

Travis v. Spitale's Bar, Inc.

2012 La.App. 1 Cir. 1366 · Louisiana Court of Appeal · Aug 14, 2013

chronic illness of the liver, stomach, or blood, or those with immune disorders. … The Louisiana Sanitary Code, Chapter 11, # 1109, requires the following warning: “All establishments that sell or serve raw oysters must display signs, menu notices, table tents, or other clearly visible messages at the point

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.

State v. Welch

468 So. 2d 599 · Louisiana Court of Appeal · Apr 3, 1985

Anderson’s training and extensive experience clearly indicate that he is a “qualified technician” within the meaning of LSA-R.S. 32:664. … The evidence as to his extensive training and work experience established that he is “qualified.” The statute does not require any specific license or certification.

Morella v. Board of Commissioners

2007 La.App. 4 Cir. 0864 · Louisiana Court of Appeal · May 14, 2008

fault of the tort-immune employer-lessee should be allocated to it. … Therefore, to allocate no fault to P & O is clearly wrong.

State v. McGuire

560 So. 2d 545 · Louisiana Court of Appeal · Apr 10, 1990

Larpenter concluded that no gratuity, benefits, leniency of sentence or immunity of prosecution were offered to defendant in order to induce him to make a statement. … I don't think he is qualified. He is not an expert in that area.

Rhodes v. STATE THROUGH DEPT. OF TRANSP. & DEV.

656 So. 2d 650 · Louisiana Court of Appeal · Jun 21, 1995

against sovereign immunity in tort and contract suits." … sovereign immunity.

Tolar v. State ex rel. Department of Public Safety

363 So. 2d 933 · Louisiana Court of Appeal · Sep 25, 1978

This was a reasonable interpretation of the notice provision of the statute which had not previously been clearly interpreted judicially. … LSA-R.S. 32:424: “The department, having good cause to believe that a licensed driver or chauffeur is incompetent or otherwise not qualified to be licensed, may upon written notice of at least ten days to the licensee require

Haspel & Davis Milling & Planting Co. v. Board of Levee Commissioners

98 La.App. 4 Cir. 1664 · Louisiana Court of Appeal · Mar 31, 1999

The Levee Board sought the return of those properties that could not qualify under the expropriation/threat of expropriation standard. Plaintiffs filed various exceptions, including an exception of no cause of action. … In the present case, the Levee Board is not entitled to sovereign immunity.) In the present case the plaintiffs are not questioning the DNR’s authority or process of determining ownership.