Case law

Montegut v. Louisiana State Board of Dentistry

55 So. 2d 58 · Louisiana Court of Appeal · Nov 15, 1951

He stated that he established an office on Touro Street and practiced for some ten years, that in the year 1926 (1925) a suit was instituted by Dr. … “The rule is similarly stated in American Jurisprudence Volume 34, Mandamus, paragraph 189, and our courts have been uniform in holding that those seeking to obtain relief by writ of mandamus must clearly establish that the

Waring v. Travelers Insurance Co.

2004 La.App. 4 Cir. 1123 · Louisiana Court of Appeal · Jan 12, 2005

The State’s motion was based primarily on the Equine Immunity Statute, La. R.S. 9:2795.1, which provides immunity for certain persons providing equine activities. … As for the State, the trial court found that it was immune from liability: The court’s complete reading of the Louisiana Equine Immunity Statute leads it to conclude that the statute was intended to provide immunity to individuals

State v. Smith

687 So. 2d 529 · Louisiana Court of Appeal · Dec 30, 1996

The following two things were clearly established: (1) Mrs. Murphy did not discuss the case with anyone at the hospital, nor did she receive any outside information regarding the case and (2) Mrs. … The usual requirements that need to be established for a witness to qualify as an expert include: educational experience, law enforcement training, previous expert testimony, and practical experience or scientific knowledge

Ussery v. Hanover Insurance Co.

222 So. 2d 535 · Louisiana Court of Appeal · Apr 29, 1969

Globe Indemnity, stating that: “The Supreme Court considered the rule too well established to require citation of authorities that an insurance company, which has paid a claim and taken a subrogation, has no right of action … The word “insured” is qualified in Part III (the collision insurance portion) as follows: “ ‘insured’ means (a) with respect to an owned automobile, (1) the named insured * * * (b) with respect to a non-owned automobile,

Hollan v. Police Jury of Webster Parish

134 So. 2d 132 · Louisiana Court of Appeal · Oct 26, 1961

Ware and Vardeman Yates, qualified electors of Ward Two of Webster Parish, and operators of retail liquor establishments situated in the incorporated Towns of Cullen and Springhill, Louisiana, have instituted this action … In view of the ruling it clearly appears it would be improper for a Police Jury to call an election for less than an entire ward.

Foster v. Patwardhan

132 So. 3d 495 · Louisiana Court of Appeal · Jan 22, 2014

Patwardhan clearly breached the standard of care, and this breach was the proximate cause of the damages suffered by Foster. Dr. … Because there is clearly a factual dispute as to whether Foster truly suffers from a right foot drop, summary judgment on statutory damages is improper.

Johnson v. Tregle

8 So. 2d 755 · Louisiana Court of Appeal · Jun 29, 1942

these witnesses as to what did in fact occur, and with due regard to the decision of the learned district judge, we have reached the opinion that the proof of the accident, with its attending injuries, as claimed, has been clearly … established.

Patty v. Christus Health Northern La.

794 So. 2d 124 · Louisiana Court of Appeal · Aug 22, 2001

and not qualified, to the same extent that prescription is suspended against the party or parties that are the subject of the request for review. … Clearly, the legislature intended that a request for review be filed with the Division of Administration rather than with the Board as a wholly separate entity.

Brown v. Yellow Cab Company of Shreveport

94 So. 2d 573 · Louisiana Court of Appeal · Mar 27, 1957

Clearly, if the witness in this case, Dr. … But we further determine that these have not been established as being, in any sense, permanent or disabling.

Knott v. Angelle

846 So. 2d 825 · Louisiana Court of Appeal · Feb 27, 2003

As in any case, the factual findings of the trial court will not be disturbed on appeal unless clearly wrong." Citations omitted. … Circumstances to consider in deciding whether a party has established domicile includes the location where a party sleeps, eats, establishes his household and surrounds himself with family and the comfort of domestic life

Rankin v. East Baton Rouge Parish School Board

233 So. 2d 573 · Louisiana Court of Appeal · Mar 9, 1970

Constitution and statutes of the State of Louisiana restricting such elections to “resident property taxpayers” discriminates against plaintiff and others similarly situated, depriving them of their rights, privileges and immunities … “This Court, however, is not qualified to investigate or review the merits of the plaintiff’s claim for the reason that the Court is of the opinion that the prescriptive and peremptive period established by Article 14, Section

Fisk v. Warmack

486 So. 2d 203 · Louisiana Court of Appeal · Mar 25, 1986

App. 3rd Cir.1962), establishes the rule that a publication enjoys a qualified or conditional privilege if made (a) in good faith; (b) on any subject matter in which the person communicating has an interest or in reference … We find no manifest error in the trial judge's ruling that defendants had established the qualified privilege.

Portier v. Thrifty Way Pharmacy

476 So. 2d 1132 · Louisiana Court of Appeal · Dec 20, 1985

Gulf Oil Corporation filed a motion for summary judgment in the Federal District Court alleging that it was immune from tort liability. … Portier was a statutory employee of Gulf Oil and therefore Gulf was immune to a suit in tort.

Socorro v. Orleans Levee Bd.

561 So. 2d 739 · Louisiana Court of Appeal · Mar 29, 1990

Clearly this is not an area the legislature intended to cloak with immunity pursuant to La.R.S. 9:2791 and 2795. There is no error in the trial court's finding that the recreational immunity statutes are inapplicable. … To adopt such an interpretation would, in effect, reinstate the doctrine of sovereign immunity by rendering every act or omission by a governmental body "discretionary"—a result clearly not intended by the legislature.

Angelica Millican v. LaShondra Elaine Russell

Louisiana Court of Appeal · Aug 9, 2022

A qualified elector may bring an action objecting to the candidacy of a person who qualified as a candidate in a primary election for an office in which the plaintiff is qualified to vote. La. R.S. 18:1401(A). … that the fact finder is clearly wrong or manifestly erroneous.

Long v. Jeb Breithaupt Design Build Inc.

4 So. 3d 930 · Louisiana Court of Appeal · Feb 25, 2009

The agreement clearly involved interstate commerce; however, it contained a choice of law provision selecting Louisiana. … Breithaupt “held himself out as a qualified architect” who was “qualified to render architectural plans, specifications and drawings and places a grossly misleading abbreviation for ‘architect’ on his correspondence, plans

LeBlanc v. Tyler

381 So. 2d 908 · Louisiana Court of Appeal · Mar 5, 1980

Continental Insurance Company, 313 So.2d 349 (La.App. 3 Cir. 1975), we held that reasonable corporal punishment was allowed in this state and that a teacher using this method of discipline had limited immunity from civil … from Roy and the determination that the punishment was excessive is clearly wrong.

Philson v. Department of Corrections

451 So. 2d 1311 · Louisiana Court of Appeal · Jun 26, 1984

Appellant first maintains that the referee appointed by the Commission to conduct his *1314 hearing was not qualified. … We are of the opinion that the evidence clearly establishes no manifest error in the findings of fact reached by the Commission, and that those facts support the conclusion that Mr. Philson violated Rule 13(b).

Alaimo v. Racetrack at Evangeline Downs

4 La.App. 3 Cir. 1230 · Louisiana Court of Appeal · Feb 2, 2005

all persons causing or contributing to the injury, death, or loss shall be determined, regardless of whether the person is a party to the action or a nonparty, and regardless of the person's insolvency, ability to pay, immunity … Here, the plaintiff established that the horse was lost.

Giammanchere v. Ernst

742 So. 2d 572 · Louisiana Court of Appeal · Sep 15, 1999

clearly wrong. … In circumstances, such as the instant case, where the plaintiff clearly did not expect or intend to recover excess damages from the LPCF—and especially where, as here, the settlement with the qualified health care provider