Case law

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.

State v. Gross

145 So. 3d 521 · Louisiana Court of Appeal · Jun 24, 2014

At a suppression hearing, the State bears the burden of proof in establishing the admissibility of evidence seized without a warrant. La.C.Cr.P. art. 703(D). … Imbraguglio, 08-64 (La.App. 5 Cir. 5/27/08) , 987 So.2d 257, 264 . 17Louisiana and federal law clearly allow a police officer to conduct a brief investigatory stop when the officer has a reasonable articulable suspicion of

Catherine Eakin v. Samuel Eakin

Louisiana Court of Appeal · Dec 19, 2007

The Farmer’s Note clearly and unambiguously contains Samuel Eakin’s unqualified signature as maker. … “An agency relationship is never presumed; it must be clearly shown. The burden of proving apparent authority is on the party seeking to bind the principal.” Id. at 509.

Linda G. Bonstell v. Brookshire Grocery Company D/B/A Super One Foods

Louisiana Court of Appeal · Jun 3, 2009

caused by a slip and fall accident at the defendant’s place of business, as well as the presence of comparative fault, are factual determinations that will not be disturbed absent manifest error or unless clearly … Insofar that the plaintiff may argue that the rug qualified as the “condition”, there was no evidence that it was wrinkled or folded as to create an unreasonable risk of harm.

Miguel Ramos v. Louisiana Farm Bureau Casualty Insurance Company, and Tyler B. Bennett

Louisiana Court of Appeal · Dec 9, 2021

The trial court' s judgment in favor of Ramos clearly reflects a factual finding that Ramos preempted the intersection. … Perhaps a qualified witness reading that exhibit could have corroborated Mr. Bennett's claim that Mr.

J. Marc Wiley v. Leota Gail Leverett Wiley

Louisiana Court of Appeal · Mar 9, 2011

Has the Lower Court manifestly erred in drawing upon its speculation as to present and future health, earning capacity, and financial means of Gail herein after expert medical testimony established otherwise? … While based upon [Gail’s] age and back problems, she cannot be expected to work an eight hour day, five days a week, her education and intelligence qualifies her for at least part-time employment.

State v. Jones

9 La.App. 5 Cir. 688 · Louisiana Court of Appeal · Feb 9, 2010

A defendant’s mere presence in an area where a firearm was found does not necessarily establish possession. Id. … We are unaware of any prohibition against a fact witness from also being qualified as an expert witness.

Kenneth Johnson v. City of Pineville

Louisiana Court of Appeal · Apr 8, 2009

This time period is clearly outside of the five-day period provided for in La.R.S. 44:35. … The Louisiana Constitution Article 12, § 13 states, “No person shall be denied the right to observe the deliberations of public bodies and examine public documents, except in cases established by law.”

Jake Chimento v. Kdm electric/rapides Parish Work Release

Louisiana Court of Appeal · Oct 4, 2017

Where there are two permissible views of the evidence, a factfinder’s choice between them can never be manifestly erroneous or clearly wrong. Id. … He had never qualified as an expert or testified in court as an accident investigator or rendered any conclusions about “whether a person was or was not subject to electric shock.”

State Of Louisiana v. Jacob Fay Luke

Louisiana Court of Appeal · May 18, 2023

Furthermore, Trooper Donis' s testimony clearly established that the defendant resisted him with force or violence. … Luke' s case qualifies him as " exceptional" in the jurisprudence that has interpreted that.

Adrienne Stermer v. Archer-Daniels-Midland Company

Louisiana Court of Appeal · Feb 24, 2016

Supreme Court established in Hensley v. … Dep’t of Wildlife & Fisheries, 10-2779 (La.App. 7/1/11), 68 So.3d 499 (State’s waiver of sovereign immunity to action); Martinez v. Abdon Callais Offshore, LLC, (E.D.La. 6/10/09), 2009 WL 1649736.

Lodwick, L.L.C. v. Chevron U.S.A., Inc.

126 So. 3d 544 · Louisiana Court of Appeal · Oct 2, 2013

When taken as true, these allegations clearly fall within the explicit exclusions of the Steadfast policy. … Certainly, these substances qualify as chemicals, contaminants, irritants, or waste under the various exclusions.

Matranga v. Parish Anesthesia of Jefferson, LLC

14 La.App. 5 Cir. 448 · Louisiana Court of Appeal · May 14, 2015

Under the MMA, qualified healthcare providers cannot be sued for medical malpractice unless the plaintiff has submitted a complaint to a Medical Review Panel, composed of three healthcare providers and one attorney chairperson … Further, “it is well established that Louisiana is a fact pleading state.” Solis v. NPK, L.L.C., 10-465 (La.App. 5 Cir. 03/29/11) , 68 So.3d 236 , 238.

Landry v. Louisiana Citizens Prop. Ins. Co.

964 So. 2d 463 · Louisiana Court of Appeal · Aug 28, 2007

Our decision, today, is firmly grounded on well-established Louisiana jurisprudence and law. … Though wind is not the sole cause of the loss, it does qualify as "any" covered loss.

Lindsey Lambert Malbrough v. Alycia Rodgers, M.D.

Louisiana Court of Appeal · Jan 29, 2020

Where there are two permissible views of the evidence, the factfinder’s choice between them cannot be manifestly erroneous or clearly wrong. … A I would qualify that slightly.

State v. Chevalier

458 So. 2d 507 · Louisiana Court of Appeal · Sep 26, 1984

When defense counsel moved to excuse the juror for cause, the trial court denied the challenge for failure to establish a sufficient predicate. … Quite clearly, the trial judge did not believe that those responses showed an irrevocable commitment on the part of the juror to unquestioningly accept police testimony.

Frank J. Panepinto, Jr. and John A. Panepinto Versus Cecile Laurie Panepinto, Dwayne Smith, Sr., Geneva Financial, LLC, and Mortgage Electronic Registration Systems, Inc.

Louisiana Court of Appeal · Mar 20, 2024

The facts and procedural history in the underlying succession case were clearly set forth in this Court’s prior opinion as follows: On March 14, 2021, Frank Panepinto, Sr. (“Frank, Sr.”) passed away. … Moreover, mere evidence of procedural error does not establish an abuse of process claim. Samuel v. Remy, 15-0464 (La. App. 1 Cir. 8/31/16), writ denied, 16- 1785 (La. 11/29/16), 211 So.3d 387.

Davis v. Insurance Co. of North America

94 La.App. 1 Cir. 0698 · Louisiana Court of Appeal · Mar 3, 1995

The record establishes that resin, even hardened resin, can be safely removed with the exercise of due care, and that, as such, the activity is not ultrahazardous. Clifton R. … The evidence did not establish that the risks associated with the activity could not be eliminated through the exercise of due care.

State, Department of Transportation & Development v. Knoll & Dufour Lands, LLC

158 So. 3d 1 · Louisiana Court of Appeal · Oct 23, 2013

In order to recover an amount in excess of the amount DOTD has deposited as just compensation for the taking of a landowner’s property, the property owner is required “to establish his claims by a reasonable preponderance … He was qualified as an expert by the trial court in construction costs and development. Mr. Rabalais estimated replacement costs at $183,407.75, with $5,059 for improvements within the right of way. Mr.

Rosalind Reed Thibodeaux v. Lauren Wade O'Quain

Louisiana Court of Appeal · Mar 24, 2010

Lastly, we acknowledge that the trial court made findings of fact that are not clearly established by the record, e.g., Patrick being disrespectful to Lauren. … The trial court clearly took issue with the fact that Rosalind’s testimony was “rehearsed” and consequently, “not credible.”