Case law

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.

Starr v. State Ex Rel. Department of Transportation & Development

70 So. 3d 128 · Louisiana Court of Appeal · Jun 17, 2011

DOTD contends that the evidence, taken as a whole, clearly shows that Byrd was impaired at the time of the accident. … There is hereby established in the state treasury the “Future Medical Care Fund”, hereinafter referred to as the “fund”.

Michael Miazza, individually and on behalf of all others similarly situated v. Board of Supervisors of Louisiana State University and Agicultural and Mechanical College

Louisiana Court of Appeal · Aug 9, 2024

In its answer, LSU also raised affirmative defenses including discretionary immunity. … findings can only be reversed upon finding, based on the entire record, no reasonable factual basis for the factual finding and the factfinder is clearly wrong.

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.

State of Louisiana v. Mary Henderson Trahan

Louisiana Court of Appeal · Nov 2, 2016

Neither officer was qualified as an expert to testify to those facts, yet defense counsel did not object. … Counsel suggested that the bullet would have taken a downward trajectory in that scenario but the evidence established that the bullet had traveled upwards, a trajectory counsel clearly thought consistent

Susan Henry Hebert v. Louisiana Public Defender Board

Louisiana Court of Appeal · Oct 8, 2021

Hebert was not a state employee, but was an employee of the local public S defender' s office, which qualified as a local political subdivision of the state. … Clearly, Ms.

John Henry v. Louis B. McKinney, Jr.

Louisiana Court of Appeal · Jun 2, 2022

Harrison stated that driving a vehicle back and forth for enough years that there are ruts over time qualifies as a work. … conflicting testimony on the issue of possession, we cannot say that its reasonable evaluation of credibility was manifestly erroneous or clearly wrong. See Stobart v.

In the matter of the minors Josiah Carrier, Amelia Carrier and Jack Carrier

Louisiana Court of Appeal · Dec 27, 2024

Louisiana Code of Civil Procedure article 4070 provides: On the application of an interested person or on its own motion, pending the appointment of a tutor, the court may appoint a qualified … While this procedural bar may have some bearing on whether petitioner can establish good cause" for her appointment as a separate provisional tutor over the children' s property, it has no bearing on her right to seek such

State v. Barnes

11 La.App. 5 Cir. 80 · Louisiana Court of Appeal · Dec 13, 2011

The Supreme Court held the evidence was admissible because the “prior offenses ... clearly tended to show the lustful disposition the defendant bore towards his nieces, and his unnatural desire to have sexual intercourse … Additionally, the fingerprint analyst, who was qualified as an expert, testified that it was her expert opinion that defendant’s fingerprints that she took on October 28, 2010 were the same as those on the arrest register

The Descendants Project Versus Lucien J. Gauff, III, Assessor and Greenfield Louisiana, LLC

Louisiana Court of Appeal · Jul 31, 2024

To establish the publication date of the CEA, the Port introduced several exhibits at the January 18, 2024 hearing. … It also did not prove in the hearing that the News-Examiner failed to qualify as a suitable publication under La. R.S. 43:171.

The Descendants Project Versus Lucien J. Gauff, III, Assessor and Greenfield Louisiana, LLC

Louisiana Court of Appeal · Jul 31, 2024

To establish the publication date of the CEA, The Port introduced several exhibits at the January 18, 2024 hearing. … It also did not prove in the hearing that the News-Examiner failed to qualify as a suitable publication under La. R.S. 43:171.

Patricia Goff and Mark Goff v. Dr. Robin L. Yue

Louisiana Court of Appeal · Dec 7, 2022

The two-part test in reviewing a fact finder’s determination is (1) whether a reasonable, factual basis exists in the record for the determination and (2) whether the determination is clearly wrong as established by the … Section 1299.42 B(2) limits the liability of a single qualified health care provider to $100,000 for the injury to or death of any one person.

James Michael Owens v. State of Louisiana D/B/A Louisiana Community and Technical College System

Louisiana Court of Appeal · Feb 25, 2015

The employee contends that he very clearly alleged that the employer was intentionally tortious, and, thus, he had a remedy against that employer in tort. … to recover from her employer for injuries suffered during the course and scope of employment, recovery is limited through the Louisiana Workers Compensation Act, La.R.S. 23:1032, which provides immunity

Marrero Land & Improvement Ass'n v. Town of Westwego

6 Pelt. 1 · Louisiana Court of Appeal · Mar 27, 1922

Petrie, who appears to have qualified, as Mayor of the Town of Westwego just a week before testifying,and from the evidence appears to be the largest individual owner of rental property in the Town, swears that there are … The large map in evidence clearly locates the Kentucky Distilleries & Warehouse Company, as -being nearest to the present Town limits, while a large tract of land separates it from the Buokner-Chipley tract of land, oooupied

State of Louisiana in the Interest of B. L.

Louisiana Court of Appeal · Aug 9, 2019

They were very loving and clearly wanted a relationship with B.F., and in fact had established a grandparent relationship with her, in Dr. Murphy’s opinion. But Dr. Murphy voiced several concerns. … The Juvenile Court judge clearly considered all of the evidence and testimony highlighted above.

Succession of Jacob Bordelon

Louisiana Court of Appeal · Oct 1, 2014

Quillan’s uncontroverted testimony clearly established that the decedent retained the ability to converse normally, despite lacking normal cognitive function. Given Dr. … The record establishes that other family members spent much more time with the decedent than Appellant.

Slimp v. Sartisky

100 So. 3d 901 · Louisiana Court of Appeal · Sep 17, 2012

In addition, Sartisky would not have qualified for the loan unless he came up with an equal amount of money, which was the contribution of the proceeds from the sale of her house. … Clearly, the parties never intended for that result. .

State in the Interest of I. S.

Louisiana Court of Appeal · May 1, 2024

that the fact finder is clearly wrong or manifestly erroneous. … Failure of the Trial Court to Establish a Visitation Schedule.

State of Louisiana v. Miles J. Guidry

Louisiana Court of Appeal · May 8, 2019

In the case at bar, the State argues that a substantial amount of evidence was presented that established Defendant’s guilt. … I think he's more than qualified to do this. He’s done over five thousand autopsies, he’s done gunshot wounds, and I think he’s more than qualified to testify in this area.

Suhor v. Gusse

403 So. 2d 83 · Louisiana Court of Appeal · Jul 8, 1981

DAMAGES Thus, the evidence establishes that plaintiff has a serious and permanent disability as a result of the accident. … Clearly, the Bellows are unable to pay the full judgment to which plaintiff is entitled. Equally clearly, they are not able to pay that part of such a judgment which is in excess of the insurance coverage.