Case law

Pat Cooper v. Lafayette Parish School Board

Louisiana Court of Appeal · Nov 23, 2016

It shall be the responsibility of the superintendent to ensure that all persons have proper certification, as applicable, and are qualified for the position. … The salary schedule at issue clearly sets forth that the salaries are to be computed based on a 244 day year.

State v. Brown

594 So. 2d 372 · Louisiana Court of Appeal · Sep 23, 1991

Clearly, Jamie Gary's statement is in direct conflict with Dr. … When questioned by the trial court as to which three jurors had allegedly viewed defendant, defense counsel stated that defendant could clearly identify only one of the three jurors involved, Ms.

State v. Urena

13 La.App. 3 Cir. 1286 · Louisiana Court of Appeal · May 7, 2014

There is no merit to Defendant’s assertion that the evidence was insufficient to establish five distinct acts of aggravated incest. … The trial court properly provided particular justification and clearly stated the factors it considered in imposing this sentence.

Bonvillain v. Tennessee Gas Pipeline Co.

2011 La.App. 1 Cir. 0963 · Louisiana Court of Appeal · Oct 6, 2011

R.S. 30:551(A) and qualified as public service companies under La. R.S. 47:1851(K). … Each assessor shall give notice of such exposure for inspection in accordance with rules and regulations established by the Louisiana Lax Commission.

Markel Domino v. City of Crowley Police Department

Louisiana Court of Appeal · May 25, 2011

The remaining issues were fixed for trial, and the court subsequently granted a directed verdict dismissing Nickel and Deville, finding they were judicially immune from suit for the conduct alleged. … P. art. 220] The test precludes “clearly inappropriate force.” LSA-C.Cr.P.Art.220, Official Revision Comment(b).

Roxine Lachney v. James L. Gates, M.D.

Louisiana Court of Appeal · Apr 3, 2024

There is no dispute that Christus Cabrini is a qualified health care provider pursuant to La.R.S. 40:1231.1(A)(10). … The six Coleman factors utilized for determining whether a qualified health care provider’s conduct qualifies as malpractice under the LMMA are: 1.

Watts v. Aetna Casualty and Surety Co.

574 So. 2d 364 · Louisiana Court of Appeal · Aug 28, 1990

Summers testified that in his opinion, Watts could have qualified at that time for increased underlying coverage, which State Farm offered. … The function of a declaratory judgment is simply to establish the rights of the parties or express the opinion of the court on a question of law without ordering anything to be done.

Korossy v. Sunrise Homes, Inc.

653 So. 2d 1215 · Louisiana Court of Appeal · Mar 15, 1995

The evidence in this case establishes that the damage in these cases was caused by "continuous or repeated exposure to conditions," specifically the factors which Dr. … other hand, not only purchases and subdivides raw land, installs streets and utilities, fills the land, designs the homes, builds the homes with its own and subcontracted work force, but also sells the completed homes to qualified

Peyrefitte v. Harvey

312 So. 2d 159 · Louisiana Court of Appeal · Jun 24, 1975

The use of the word "actions" without any qualifying or limiting phrase or classification can only be interpreted to mean all actions. … These requisite conditions must be affirmatively established.

State v. Neal

219 So. 3d 482 · Louisiana Court of Appeal · May 2, 2017

John Asmussen, a qualified expert in digital forensics, testified that he examined a Samsung Model SGHA157 phone that belonged to Neal. … Finally, the shooting of Mitchell three times in the “kill zone” is sufficient to establish the requisite specific intent.

State v. McGinnis

917 So. 2d 471 · Louisiana Court of Appeal · Oct 6, 2005

Glade, who was qualified as an expert in the field of psychiatry, testified that she saw S.S. on three occasions: March 23, 2004, May 4, 2004, and June 18, 2004. Dr. … Still, Brady and its progeny do not establish a general rule of discoverability.

Russell v. H & H Metal Contractors, Inc.

65 So. 3d 806 · Louisiana Court of Appeal · Jun 1, 2011

In order to qualify for TTD benefits, Russell was required to meet the burden of proof required in La.R.S. 23:1221(l)(c). … The evidence adduced at the hearing indicates that H & H established several inconsistencies in Russell’s testimony.

Pablo Danilo Gonzalez Versus Destiny Wricks and State Farm Mutual Automobile Insurance Company

Louisiana Court of Appeal · May 8, 2024

or clearly wrong. … C.E. art. 803(6) must authenticate it by a qualified witness having “familiarity with the record-keeping system” of the business. Finch v. ATC/Vancom Mgmt. Services Ltd. Partnership, 09-483 (La.

State v. Logan

986 So. 2d 772 · Louisiana Court of Appeal · May 27, 2008

Susan Garcia, a qualified expert in the field of forensic pathology, testified that she performed Mr. Marrione's autopsy on July 10, 2003. … Susan Garcia could establish probative value. The prosecutor stated that he would only ask Goodwin to identify them.

John Anderson v. the State of Louisiana

Louisiana Court of Appeal · Nov 2, 2005

The legislature shall provide for a uniform system for securing and compensating qualified counsel for indigents. (Emphasis added.) … Thus, the Louisiana Constitution mandates that the Legislature, not the Governor, enact legislation to provide indigent defendants with qualified legal counsel.

Landry v. PSA of Lafayette, LLC

12 La.App. 3 Cir. 277 · Louisiana Court of Appeal · Nov 7, 2012

We note that this assignment of error is specifically targeted toward the liability of PSA, which is not a qualified health care provider under the Medical Malpractice Act. … Such conclusions “can virtually never be manifestly erroneous or clearly wrong.” Id. at 845 . This assignment lacks merit.

Joseph Lionel Melancon v. Lafayette Ins. Co.

Louisiana Court of Appeal · Mar 29, 2006

The jury was clearly wrong in awarding $257,000.00 in future medical expenses. 4. … Article 1810 does not establish a standard for the grant of a directed verdict, but these standards have been jurisprudentially established. In Carter v.

Tanya White v. Progressive Security Ins. Co.

Louisiana Court of Appeal · Feb 4, 2009

Faircloth, a chiropractor, was not qualified to read or interpret an MRI film or to make conclusions regarding its relation to a particular accident. We disagree. In Rowe v. … Progressive argues that the evidence established that White sustained a six month injury as opposed to an injury lasting more than two years.

John D. Jeane, Jr. v. Byrd Regional Hospital

Louisiana Court of Appeal · Mar 9, 2011

Futrell noted that two hospitals in Alexandria, Louisiana, were qualified to properly treat Mr. Jeane, as was the LSU Medical School in Shreveport, Louisiana. … However, reversal is required when this court finds that the trial court’s verdict was clearly without evidentiary support, or clearly wrong based on the evidence. Ambrose v.

Janice Fluitt v. Christus St. Frances Cabrini Hospital

Louisiana Court of Appeal · Jun 28, 2006

On each of these three occasions, a clearly audible popping sound emanated from the knee as it buckled. Ms. … Fluitt bears the burden of proving by [a] preponderance of evidence that she suffered an accident in the course and scope of her employment and that the incident qualifies as an accident.”