Case law

Norfolk Southern Corp. v. Calif. Union Ins.

859 So. 2d 167 · Louisiana Court of Appeal · Sep 12, 2003

Ownership of groundwater has not been clearly established in Louisiana law; however, at least one Louisiana court has treated groundwater as a fugitive subsurface mineral, which is not owned by the owner of the land. … Evergreen Presbyterian Ministries, 95-167, p. 3 (La.App. 3d Cir.6/7/95), 657 So.2d 491, 494 . [36] All of the policies required immediate notice of the occurrence or claim, but qualified that requirement by establishing a

Clifford C. Baker, Et Ux. v. State of La, Dept. of Health and Human Resources

Louisiana Court of Appeal · Feb 1, 2006

The trial 3 court found that Article 704 applies to expert witnesses and that it did not apply to Sanders, who was not qualified as an expert. We also agree. … Pursuant to the well-established law, we will not set aside a jury’s finding of fact in the absence of manifest error or unless it is clearly wrong. Rosell v. ESCO, 549 So.2d 840 (La.1989).

Succession of Frank Anthony Messina, Sr.

Louisiana Court of Appeal · Nov 30, 2022

DULEY APPOINTED AND QUALIFIED ADMINISTRATOR FOR THE SUCCESSION OF FRANK A. MESSINA SR. Ryan S. McBride GRAVOIS, J. … At the hearing, it was established that Frank, Sr. was previously married four times, with three children from his first marriage. He was married to Sandy at the time of his death.

State ex rel. M.V.

98 La.App. 3 Cir. 324 · Louisiana Court of Appeal · Jan 13, 1999

Thus, a relative placement was not available unless the relative’s home also qualified as a foster care home. … Clearly, such a course of action would have violated the statutory mandate in La.Ch.Code art. 622(A)(1) as amended by the 1997 Act.

State v. Tillery

14 La.App. 5 Cir. 429 · Louisiana Court of Appeal · Dec 16, 2014

The defendant has the burden of establishing that an amendment has prejudiced his defense. … Moreover, the defendant admitted to having received the victim’s statement long before trial, which clearly indicated that the alleged acts of rape occurred on many occasions.

State v. Gurganus

864 So. 2d 771 · Louisiana Court of Appeal · Dec 30, 2003

The trial judge clearly made a credibility determination, stating that he credited the testimony of Detective Cunningham over that of Arvel Gurganus. … Glen Rudner were to testify, he would be qualified as an expert in forensic pathology.

State v. Washington

2000 La.App. 4 Cir. 1055 · Louisiana Court of Appeal · Jul 18, 2001

rule governing the admissibility of expert testimony, and states: If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified … It is well-settled that “[i]f credible, the testimony of a single witness may establish the elements of a crime beyond a reasonable doubt.” State v.

Darline Broussard v. Dillard Department Stores, Inc.

Louisiana Court of Appeal · Feb 15, 2017

Defendants also make the alternative argument that they have technically complied with the provisions of La.R.S. 23:1161.1(A) because, in addition to having a qualified claims adjuster in Tennessee, they also have a claims … Therefore, as clearly set forth in the statute, the definitions found in La.R.S. 23:1176 do not apply to terms found in La.R.S. 23:1161.1. This argument is groundless.

Tina Lynette Watkins, Etc. v. Lake Charles Memorial Hospital

Louisiana Court of Appeal · Dec 15, 2004

(2) A health care provider qualified under this Part is not liable for an amount in excess of one hundred thousand dollars plus interest thereon accruing after April 1, 1991, for all malpractice claims because … The amount of damages awarded was clearly excessive.

Barbara Shelton, Et Vir. v. James G. Hair

Louisiana Court of Appeal · Sep 27, 2006

Art. 702” and that “[i]ts judgment will remain undisturbed unless clearly erroneous.” Hall v. Brookshire Bros., Ltd., 01-1506, p. 19 (La. … [w]hen the verdict or judgment appears clearly contrary to the law and the evidence.” La.Code Civ.P. art. 1972(1).

Dwayne Alexander v. Louisiana State Board of Private Investigator Examiners, Phyllis Glazer, James P. Englade, Lance Wallace, Annette Kovac, and Meeks and Associates, LLC

Louisiana Court of Appeal · Oct 25, 2024

In their answer, the Defendants asserted multiple affirmative defenses, including discretionary immunity and quasi-judicial immunity. … Glazer and Meeks’ Motion for Sanctions was clearly wrong. The record and Mr.

State of Louisiana v. Arec J. Billiot

Louisiana Court of Appeal · May 16, 2025

Aireal Sullivan, an Orleans Parish Coroner’s office forensic pathologist who was qualified by the district court as an expert in forensic pathology and testified to performing of Lee’s autopsy and authored the forensic … A fact finder’s decision concerning the credibility of a witness will not be disturbed unless it is clearly contrary to the evidence. State v. James, 2009-1188, p. 4 (La.

Debbie B. Stewart v. Rheem Manufacturing Co.

Louisiana Court of Appeal · Mar 29, 2006

preempts the Stewarts’ suit for personal injuries under the Louisiana Products Liability Act (LPLA).  2) The trial court erred in finding that the leaking capacitor at issue qualified … While the legislature attempted to avoid an excessively onerous financial burden on those who previously manufactured these chemicals, it clearly sought the elimination of the risk of PCB exposure.

Barry Giglio and Marla Giglio v. State of Louisiana, Department Child and Family Services

Louisiana Court of Appeal · Sep 20, 2017

Therefore, we find that plaintiff failed to establish that his requests for production of documents directed to non-parties qualified as steps in the prosecution of his suit. … The trial court clearly found that notice of the subpoena was not served on the defendants. Therefore, the matter should have been adjudged abandoned.

State in the Interest of J. Y. M.

Louisiana Court of Appeal · Aug 4, 2010

that the fact finder is clearly wrong or manifestly erroneous. … If there are two permissible views of the evidence, the fact finder’s choice between them cannot be manifestly erroneous or clearly wrong. Id.

Stephen P. Basco, Et Ux. v. Liberty Mutual Ins. Co.

Louisiana Court of Appeal · Aug 17, 2005

The medical evidence establishes that Mr. … Basco was not qualified for either job. Mr. Rowzie also suggested that Mr.

Wendy Thibodeaux v. State of La., Dotd

Louisiana Court of Appeal · Mar 12, 2014

Thibodeaux’s motion and the State’s opposition clearly show that the parties dispute material facts tending to prove or disprove liability. Ms. … The existence of a leakage does not qualify as an undisputed fact for the purposes of Ms. Thibodeaux’s motion. Accordingly, we find that the trial court erred in granting summary judgment in favor of Ms.

State v. Hall

750 So. 2d 1105 · Louisiana Court of Appeal · Dec 22, 1999

Mark Zimmerman, qualified as an expert in forensic psychology. He testified that he spent about nine hours testing and interviewing defendant. Dr. … Zimmerman establishing defendant's mental retardation and his brain dysfunction, we cannot find that defendant made a knowing and intelligent waiver of his constitutional rights. With Dr.

State, in Interest of Rw v. Jlw

491 So. 2d 652 · Louisiana Court of Appeal · Jun 27, 1986

First, by way of background, it was established that the father and mother, both medical doctors, were divorced in May 1984. The mother was awarded the primary custody of the children. … APPENDIX B LOUISIANA BOARD CERTIFICATION # 111 *668 QUALIFIED SCHOOL SOCIAL WORKER #76 PATRICIA P. MERIWETHER, M.S.W., A.C.S.W.

Hobgood v. Aucoin

558 So. 2d 1285 · Louisiana Court of Appeal · Jun 1, 1990

The court of appeal is ordered to review the record and fix relator's damages for loss of earning capacity according to the guidelines established therefor in Philippe v. … Hobco was qualified as a Subchapter S corporation for federal income tax purposes.