Case law

Graves v. Traders and General Insurance Company

200 So. 2d 67 · Louisiana Court of Appeal · May 29, 1967

respects operation of non-owned vehicles by its said insured, and The Travelers Insurance Company (Travelers), insurer of a bus owned by Superior Coach Sales, Inc., under a policy containing an omnibus insured provision qualified … Grimes' testimony shows clearly that within a few months of the accident, all injury or aggravation of pre-existing ailments had ceased and plaintiffs were thereafter treated for infirmities having no relation to their injuries

State v. Thompson

259 So. 3d 1257 · Louisiana Court of Appeal · Nov 28, 2018

Samantha Huber, the chief forensic pathologist in Orleans Parish, was qualified as an expert in the field of forensic pathology. She performed the autopsy in this case. … This Court found that the defendant failed to offer any argument or evidence establishing that he was exceptional.

SBL Construction, LLC v. Michael M. Eymard and Tram Investments, Inc.

Louisiana Court of Appeal · Nov 12, 2019

A trial court' s factual findings will not be reversed unless manifestly erroneous or clearly wrong. … E. art. 702 provide that a witness who is qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an opinion.

Thibodeaux v. Houston Fire & Casualty Insurance

77 So. 2d 137 · Louisiana Court of Appeal · Dec 10, 1954

The District Judge clearly found that the injuries were established but the medical evidence as to the disabling effect discloses some conflict. … It is well established in this record that a ruptured disc has periods of activity and inactivity.

State v. Gray

874 So. 2d 893 · Louisiana Court of Appeal · Apr 28, 2004

We also held that a qualified privilege existed between Woolridge and pastor Sniff, and that their communication about the defendants did not waive the privilege. … (i) Under. this Article the privilege clearly belongs to the communicant. The provisions of former R.S. 13:3734.1 were not clear on this subject.

Allgood v. Bordelon

15 La.App. 3 Cir. 504 · Louisiana Court of Appeal · Dec 9, 2015

Costs of Court That court costs should be assessed against both defendants, to include court- reporter invoices for videotape depositions offered at trial without objection, as well as expert witness fees for all physicians qualified … that the finding is clearly wrong (manifestly erroneous).

State v. Patterson

922 So. 2d 1195 · Louisiana Court of Appeal · Jan 31, 2006

because there is no indication that the other crimes evidence confused or misled the jury, the evidence was presented in an orderly manner, with evidence of the prior sexual conduct being presented at the end of trial, clearly … even when the victim was a minor where the defendant was sentenced to hard labor. [4] The Thompkins court further noted that these decisions are silent as to trial court's duty to notify a defendant who is convicted of a qualifying

In Re JBA

914 So. 2d 654 · Louisiana Court of Appeal · Oct 26, 2005

wrong based on the evidence or clearly without evidentiary support. … Thomas has vast experience in counseling children in similar cases and has been qualified and testified as an expert in this field in hundreds of cases.

Andermann v. Rouillier

271 So. 3d 384 · Louisiana Court of Appeal · Apr 25, 2019

the finding is clearly wrong or manifestly erroneous. … To the extent the trial court determined the testimony from Rouillier and Calhoun qualified to establish inch by inch possession of the gap tract, such a conclusion was manifestly erroneous.

Thomas v. Hartford Ins. Co.

540 So. 2d 1068 · Louisiana Court of Appeal · Feb 28, 1989

Thomas was guilty of negligence in causing the accident, whose negligence was established by the court to be fifty percent." … The trier of fact's findings as to *1073 percentages of fault is factual, and such determination will not be disturbed on appeal unless it is clearly wrong. Stein v.

State v. Magee

916 So. 2d 191 · Louisiana Court of Appeal · May 6, 2005

No formula exists for determining whether the defense has established a prima facie case of purposeful discrimination. … Striker was a licensed social worker when she interviewed D.H. and G.H., as she testified, then Paragraph (A)(5) is clearly satisfied.

Southland Entertainment, Inc. D/B/A Bed Niteclub & Lounge v. Louisiana Department of Revenue, Office of Alcohol and Tobacco Control

Louisiana Court of Appeal · Jul 19, 2017

the defendant’s objection, explaining: A law enforcement officer is permitted to express an opinion regarding matters of personal knowledge gained through experience, even if the witness is not first qualified … Accordingly, my review of the record indicates that the trial court was clearly wrong in finding that Southland Entertainment violated La.R.S. 26:90(A)(11).  In Mart v.

Paul Thomas, Jr. v. Browning-Ferris, Inc.

Louisiana Court of Appeal · Mar 31, 2004

She stated that she told her that Thomas did not qualify for workers’ compensation, but that he might qualify for short-term disability. However, Diane denied speaking to Kirkland. … In Pinkins, the supreme court stated, “[i]t is well established that this state has long recognized the workers’ compensation act is remedial in nature.

State v. Cockrell

162 So. 2d 361 · Louisiana Court of Appeal · May 27, 1964

The court remanded the case so that the original high water mark could be established. … On numerous occasions he has qualified as an expert witness in litigation involving coastal areas of the State of Louisiana.

Mitch Benson v. Rapides Healthcare System, L.L.C.

Louisiana Court of Appeal · Apr 6, 2016

Benson urged that the evidence did not establish Dr. … If, however, we find that the trial court’s verdict 5 was clearly without evidentiary support, or clearly wrong based on the evidence, we must reverse the verdict.

L. W. Thomas v. Sandra Louise Maxie Thomas

Louisiana Court of Appeal · Dec 6, 2006

The trial court further ordered that a Qualified Domestic Relations Order issue to Boise Cascade, directing that company to pay Mrs. … Thomas’s assertions to the contrary in her pleadings are insufficient to establish her claim. Therefore, the trial court was clearly wrong in awarding Mrs. Thomas a portion of Mr.

New Orleans Ass'n of Firefighters Local 632 v. CIVIL SERVICE COM'N OF CITY OF NEW ORLEANS

495 So. 2d 958 · Louisiana Court of Appeal · Sep 19, 1986

[Reasons for Judgment] These findings are entitled to great weight and will not be set aside on appeal unless clearly wrong. Arceneaux v. Domingue, 365 So.2d 1330 (La.1978). … If the employees are still tied, then (b) An employee who is entitled to Veteran's Preference shall be laid off after the employee who does not have a qualified veteran's preference in accordance with the provisions of Rule

Monroe Surgical Hospital, LLC v. St. Francis Medical Center, Inc.

147 So. 3d 1234 · Louisiana Court of Appeal · Aug 21, 2014

The surviving entity or new entity after a merger possesses “all the rights, privileges, immunities, powers, and franchises of each constituent entity ... [.]” La. R.S. 12:1361(A)(3). … Clearly, there was a conflict of interest between SFMC and MSH regarding the acquisition of NMMC.

State v. Duhon

270 So. 3d 597 · Louisiana Court of Appeal · Dec 28, 2018

So, that's just a misstatement because that was clearly addressed. Thereafter, the trial court ruled on the issue as follows, "[a]dditionally, the waiver of the jury trial, that was placed on the record. … not for the purpose of proving or establishing some fact at trial-they are not testimonial.

State v. Lemoine

2014 La.App. 1 Cir. 1158 · Louisiana Court of Appeal · May 6, 2015

IflChristopher Peters, who qualified as an expert in forensic accounting, testified for the State. … R.S. 14:230(E) because the evidence clearly shows that the “value of the funds” was less than $3,000 since the “things of value” in the case were checks, while “funds” is defined in the statute as cash.