Case law

Jackie Mouton v. We Care Homes, Inc.

Louisiana Court of Appeal · Nov 2, 2005

Although this presumption is usually relied upon by an alleged employee seeking workers’ compensation benefits, it is likewise available to a party in We Care’s position, who seeks to interpose the immunity of La.R.S. … We Care has clearly failed to meet its burden as the mover on summary judgment as to this issue.

Leon Roy v. Schilling Distributing Company, Inc.

Louisiana Court of Appeal · Oct 16, 2013

“When the employee is entitled to monthly [SEBs] pursuant to this Subsection, but is not receiving any income from employment or self-employment and the employer has not established earning capacity pursuant to R.S. 23:1226 … The record does not reflect a reasonable basis for finding that Fontenot’s testimony on availability qualified as competent evidence.

State v. King

94 So. 3d 203 · Louisiana Court of Appeal · Jun 27, 2012

The defendant clearly stated that he activated his emergency lights and dash camera when he pulled around the corner from Cleveland Street to Broadway Avenue. … He |16argues that when he testified at the hearing, he was not granted immunity and he had not been advised of his right against self-incrimination.

City of Alexandria v. Lafayette Surgical Hospital, LLC

Louisiana Court of Appeal · Mar 7, 2007

Were this a claim by Officer Tigner against the defendant health care providers, it would clearly be subject to the medical review panel requirements of La.R.S. 40:1299.47, which provides in pertinent part: 1 … Additionally, La.R.S. 40:1299.39(A)(5) defines “representative” extensively, but in such a manner that the City would not qualify.

Semco, LLC v. Grand Ltd.

221 So. 3d 1004 · Louisiana Court of Appeal · May 31, 2017

“A contract is formed by the consent of the parties established through offer and acceptance.” La. C.C. art. 1927. … However, where there are two permissible views of the evidence, the factfinder’s choice between them cannot be manifestly erroneous or clearly wrong. Rosell, 549 So.2d at 844 .

Parvin Wesley Brown, Et Ux. v. State Farm Mutual Auto Ins. Co.

Louisiana Court of Appeal · May 27, 2015

The evidence established there was an overlay project on Hwy. 923 in 1998, which expanded the width of the travel lanes, while decreasing the width of the shoulders. … At trial there was ample testimony establishing the close relationship between Weston and his parents, and the devastating impact his tragic death had upon them.

Charles Bryant v. City of Alexandria

Louisiana Court of Appeal · Apr 25, 2007

Bryant’s Rule to Show cause filed below was clearly styled as an “appeal.” The matter was submitted to the trial court on memoranda and following a hearing. It appears that no new evidence was taken. … However, it points to its rationale in increasing the wage rate of the line workers, i.e., its inability to attract qualified applicants at the existing wage rate. Mr.

David Michael Craig v. Shari Renee Bishop

Louisiana Court of Appeal · Oct 9, 2019

According to her, the record was void of a written judgment of disavowal such that it was unknown whether David’s paternity of Dexter had been legally established. … “[W]here two permissible views of the evidence exist, the fact-finder’s choice cannot be manifestly erroneous or clearly wrong.” D.M.S. v.

Sylvester Harris v. Olivier's Contractors

Louisiana Court of Appeal · Dec 10, 2014

that under the scheme of the Workers’ Compensation Act, an employee losses his right to full damages for his injury and instead receives compensation measured as a percentage of wages while the employer surrenders the immunity … factual conclusions with regard to special damages, must satisfy a two-step process based on the record as a whole: there must be no reasonable factual basis for the trial court’s conclusions, and the finding must be clearly

Roxane Montgomery v. C & C Self Enterprises, Inc.

Louisiana Court of Appeal · Mar 30, 2011

To reverse the trial court’s judgment, this court must conclude: (1) that the record contains no reasonable factual basis for the trial court’s finding; and, (2) that the record establishes trial court’s finding clearly … Therefore, the record contains a reasonable factual basis for the trial court’s conclusion, and the record does not establish that the trial court’s findings were clearly wrong.

John Thibodeaux v. Mechanical Construction Co., LLC

Louisiana Court of Appeal · Dec 8, 2010

Clearly, an inadvertent and inconsequential false statement would not result in forfeiture of benefits. Id. at 16. … I think that was very well established, but they were secondary to other treatment. There was not established any independent treatment for the neck prior to the work accident.

Oris Latour, Ind. and Virgie Latour, Ind. v. Steamboat's, LLC

Louisiana Court of Appeal · Dec 7, 2022

He has been qualified as an expert in cases involving engineering only as it relates to construction matters. He has never been qualified as a safety engineer or expert in safety. Mr. … Bellard was not qualified to and did not give consideration to the visual and safety factors outlined by Mr. English. Moreover, Mr.

Jennifer Diane Nunez v. Pinnacle Homes, LLC

Louisiana Court of Appeal · Dec 17, 2014

When the LLC statutes were enacted, “professional” had a clearly defined technical meaning within the law of business entities. See JAMES S. HOLLIDAY, JR., & H. … In this case, the evidence clearly supports the conclusion that Lenard held a contractor’s license individually.

Martin Petitjean II v. W. Petitjean Operating Co.

Louisiana Court of Appeal · Oct 1, 2003

In that case like this one, I felt very clearly that the stress was work related; however, the statute limits recovery for these injuries to physical work stress only. . . . … Lyon’s employee is “extraordinary and unusual” physical work stress when compared with the average office manager and should qualify him for benefits. In Hatcherson v.

Tenrines Thibodeaux v. Shoppers Value Foods

Louisiana Court of Appeal · Aug 16, 2023

Thereafter, the burden shifts to the Plaintiff “to produce factual support sufficient to establish the existence of a genuine issue of material fact or that the [Defendants are] not entitled to judgment … Thibodeaux’s claims in his affidavit are clearly corroborated by Ms. Edmond’s affidavit. For the foregoing reasons, we find that Mr.

State v. Skipper

861 So. 2d 796 · Louisiana Court of Appeal · Dec 10, 2003

The search warrant was defective in that the confidential informant’s reliability was not adequately established therein. b. … Witte clearly states that a judge does not have to be a material witness for his recusal to be warranted.

Matthew Grady and Melicia Grady, individually and as representatives of the minor, Eleanor Grady v. Mia Nicole Ahles, Little People's Play Station, LLC, and Markel Insurance Company

Louisiana Court of Appeal · Dec 20, 2024

The instant matter is analogous to cases where the transition of children out of school custody has clearly occurred. … Grady had resumed custody and control of his child in accordance with the daycare' s established policy.

State of Louisiana Versus Adam Littleton

Louisiana Court of Appeal · Dec 4, 2019

On July 18, 2017, the State filed a motion to qualify Lt. … Hare was qualified to testify competently to matters in the field of human trafficking. Lt.

Rose Gant v. CNA Insurance Company, Philip A. Spence, LLC, and Phillip A. Spence

Louisiana Court of Appeal · Nov 24, 2020

The court concluded that the wrongful conduct occurred either in Ascension Parish ( where the attorney practiced) or in East Baton Rouge Parish ( where the attorney failed to file suit) but clearly not … The evidence established that Spence allegedly committed wrongful conduct in his law office in Terrebonne Parish when the medical review panel, initiated by Spence on behalf of McGuire,

Doh v. Tlh

799 So. 2d 714 · Louisiana Court of Appeal · Oct 31, 2001

Rick Adams was not qualified to conduct the statutorily required treatment program. Dr. … By his own admissions, he was not qualified, under the Act, to handle this case.