Case law

McGlothlin v. Christus St. Patrick Hospital

10 La.App. 3 Cir. 0278 · Louisiana Court of Appeal · Nov 17, 2010

May 20, 1999 Incident The factual record establishes that Connie George, 7 a certified nurse assistant, moved Mrs. … The hospital’s medical records reflect clearly that Mrs. McGlothlin was consistent and immediate in her complaints about her treatment on both May 20 and May 28.

Buggage v. Buggage ex rel. Mother

257 So. 3d 755 · Louisiana Court of Appeal · Oct 10, 2018

court, and (2) the appellate court must further determine that the record establishes that the finding is clearly wrong or manifestly erroneous.... … He was qualified by the court as an expert medical doctor and in emergency management preparedness.

State ex rel. E.R.S.

13 La.App. 3 Cir. 1415 · Louisiana Court of Appeal · May 14, 2014

The trial court’s decision to terminate parental rights will not be reversed by the appellate court unless it is manifestly erroneous or clearly wrong. … Christine Dugas, a licensed clinical social worker, was also qualified as an expert. She treated E.R.S. beginning in November 2011 through March 2013. Dugas testified that therapy ended with a positive outcome.

State v. Foster

437 So. 2d 309 · Louisiana Court of Appeal · Aug 15, 1983

After doing so, the trial judge concluded that Jenkins was qualified and could serve as an impartial juror. We cannot say that the trial judge was arbitrary or unreasonable in reaching that conclusion. … Neither does it suggest any cogent reason to abandon the abovementioned policy which has been established by our supreme court (see cases cited infra). [2] We note that this case does not involve a nonconsenual entry into

MOBILE EXPLORATION v. Certain Underwriters

837 So. 2d 11 · Louisiana Court of Appeal · Nov 20, 2002

It is well established that a trial court's finding of fact may not be set aside on appeal unless there is no reasonable factual basis in the record for the finding and the finding is clearly wrong (manifestly erroneous). … We are unable to say the factfinder's choice between the two views of the evidence was clearly wrong.

Lawrason v. Richard

16 La. App. 434 · Louisiana Court of Appeal · Jun 9, 1930

Wilton Jeansonne, that on January 17, 1930, the defendant, Richard, had been adjudged a bankrupt, and that he, said Jeansonne; having been elected trustee of the said *436 Richard in bankruptcy, had .qualified as such, and … Co. [1917] 174 Cal. 737 , 164 P. 385 ); the common purpose of riding together for pleasure does not alone establish a joint enterprise (Barry v. Harding [1923] 244 Mass. 588 , 139 N.

Pizani v. Cranmer

493 So. 2d 134 · Louisiana Court of Appeal · Jun 2, 1986

The trial judge clearly disbelieved the testimony of the hospital employees that the doctor received Betadine solution and accepted the testimony of Drs. … It is established that she has a 24-year life expectancy and will be on medication for the rest of her life.

State of Louisiana v. Troherro Keith Batiste

Louisiana Court of Appeal · May 9, 2018

Clearly, both of the victim’s written statements are hearsay. … After Gurganus was given testimonial immunity, he provided unresponsive answers to the prosecutor, when asked questions about his police statement.

James v. Beauregard Elec. Co-Op., Inc.

736 So. 2d 353 · Louisiana Court of Appeal · Jun 9, 1999

, reasonable basis does not exist and the finding is clearly wrong or manifestly erroneous. … Based on his field experience, he testified it affected the immune system and caused elevated somatic cell count.

State Farm Automobile Ass'n v. Morgan

97 La.App. 4 Cir. 1834 · Louisiana Court of Appeal · Mar 18, 1998

However, Hearty and subsequent Louisiana decisions have noted the unique nature of car rental agencies and the exceptions afforded to such establishments under LSA-R.S. 32:1041. … R.S. 32:900(B)(2) because the statutory language clearly and expressly indicates La.R.S. 32:900 applies specifically to 'motor vehicle’ liability po-liches].” Hearty, 574 So.2d at 1238 n. 11.

New Orleans'dept. of Fin. v. Touro Infirm.

905 So. 2d 314 · Louisiana Court of Appeal · Apr 27, 2005

Clearly, the provisions of La. R.S. 47:337.26 did not apply to a notice given in connection with a tax audit conducted prior to July 1, 2003. The tax years covered by the audit were 1998 through 2002. … Commissioners of Orleans Levee District, 93-0690 (La.7/5/94), 640 So.2d 237, 252 , where the Supreme Court stated that "home rule abilities and immunities are to be broadly construed, and any claimed exception to them must

State of Louisiana v. Jim Howard, Jr.

Louisiana Court of Appeal · Nov 17, 2004

Howard further argued that the State failed to establish a prima facie showing of a conspiracy. In State v. … Clearly, the major reasons the Legislature passed the Habitual Offender Law were to deter and punish recidivism.

Succession of Barreca v. Weiser

2010 La.App. 4 Cir. 0574 · Louisiana Court of Appeal · Nov 3, 2010

Barreca’s signed application for insurance, unequivocally establishes for us that New York Life issued the policy exactly in accordance with the specific op *492 tions requested by Mr. [17Barreca in the application: a whole … Barreca in the application in order for the policy to qualify as "fully paid-up with no more premiums due” at that time. . The $20,801 essentially prepaid several years of the annual premium.

State v. Williams

862 So. 2d 108 · Louisiana Court of Appeal · Nov 12, 2003

The first line of questions by the prosecutor regarding the number of convictions, the nature of the convictions and the dates thereof was clearly countenanced by La.C.E. art. 609.1(C), which allows evidence concerning the … Additionally, the First Circuit recognized that a defendant may never have a sentence enhanced, although he commits a number of qualifying offenses. [15] Hence, the First Circuit reasoned that the adjudication date is determinative

Christine Perrin v. Ochsner Baptist Medical Center, LLC, and Abc Insurance Company

Louisiana Court of Appeal · Aug 7, 2019

Negligence is defined as “conduct which falls below the standard of care established by law for the protection of others against an unreasonable risk of harm.” Detraz v. … We find this evidence alone was sufficient for Ochsner to meet its initial burden of establishing that Ms. Perrin will not be able to meet her burden of proving the element of duty.

State of Louisiana v. Juan R. Vidaurri

Louisiana Court of Appeal · Dec 30, 2005

We have clearly established the analysis for a claim of insufficient evidence: When the issue of sufficiency of evidence is raised on appeal, the critical inquiry of the reviewing court is whether, after viewing … “La.C.E. art. 702 states that experts may be qualified by reason of ‘knowledge, skill, experience, training, or education.’

State v. Rideau

943 So. 2d 559 · Louisiana Court of Appeal · Nov 2, 2006

As explained by the parish attorney, this system has clearly been an overwhelming success. … Louisiana Code of Criminal Procedure Article 887(A) clearly provides "such costs are recoverable by the party or parties who incurred the expense."

Nick Loeb, Human Embryo 3 Hb-A, Embryo 4 Hb-A v. Sofia Vergara

Louisiana Court of Appeal · Jan 27, 2021

… Because the bare allegations of Appellants’ petition and amended complaint establish facts that clearly support the application of the exception to the general venue rule, the burden then shifts … Boudreaux this statement is clearly false. According to Mr.

State of Louisiana v. Mark L. Magee

Louisiana Court of Appeal · Mar 20, 2023

Mehta, qualified as an expert in the field of child abuse, interviewed R.L. at the Audrey Hepburn Care Center. Dr. … The credibility determination of the trier of fact will not be disturbed unless clearly contrary to the evidence. Id.

State v. Dubroc

755 So. 2d 297 · Louisiana Court of Appeal · Dec 15, 1999

The introduction of evidence that none of the vehicle's occupants knew about would clearly risk the undue consumption of time, confusion of the issues, and unfair prejudice. … Further, Defendant argued that the photographs were "clearly an effort by the prosecution to inflame the passion of the jury."