Case law

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  • Derrick Mills Versus Harley-Davidson Motor Company, Inc.

    Louisiana Court of Appeal · Feb 10, 2025

    Mills was not qualified as an expert at trial, although he did testify about his many years of experience riding motorcycles. … Mills established that his future medical expenses will more 5 I note the least conservative estimate for Mr.

    Cited 0 timesUnknown
  • State v. Lewis

    736 So. 2d 1004 · Louisiana Court of Appeal · May 19, 1999

    Defense counsel submits in his brief on appeal that "the state clearly attempted to instruct the jury that if Mr. … In the instant case, the prosecutor clearly referred to the knife and the gloves during his closing argument.

    Cited 50 timesPublished
  • Ollie Newsom v. Lake Charles Memorial Hospital

    Louisiana Court of Appeal · Apr 4, 2007

    For the following reasons, we find that a reasonable factual basis does not exist to support the jury verdict and that the record establishes that the jury verdict is clearly wrong and manifestly erroneous. … that the fact finder is clearly wrong or manifestly erroneous.

    Cited 0 timesUnknown
  • David Chaisson v. Pellerin & Sons, Inc.

    Louisiana Court of Appeal · Apr 3, 2019

    The WCJ clearly erred by its failure to conclude that the circumstances following the incident corroborated plaintiffs testimony. 3. … Chaisson’s credibility leans [sic] itself to establishing that an accident occurred by a preponderance of the evidence when his testimony is contradicted by other testimony and is not really corroborated by testimony and

    Cited 0 timesUnknown
  • Calcasieu Parish School Board,sales & Tax Use Dept. v. Nelson Industrial Steam Co.

    Louisiana Court of Appeal · Apr 7, 2021

    Undisputed testimony established that NISCO actively purchased equipment specifically designed for the production of ash and sought a buyer for its ash. … Act 3 clearly raised revenue by bringing into the taxable ambit items previously excluded from taxation under La.R.S. 47:301.

    Cited 0 timesUnknown
  • Carlos A. Juarez Versus Aj Lazo Construction, LLC, and Louisiana Construction and Industry Self Insurer's Fund (Lci)

    Louisiana Court of Appeal · Sep 20, 2023

    R.S. 23:1020.1(D)(3) further instructs that the liberalization or broadening of workers’ compensation statutes shall be the exclusive purview of the 3 We observe that the Upchurch court qualified its decision by declaring … Juarez met his initial burden of proof to establish a prima facie case of his inability to earn 90% or more of his pre-injury wages was not clearly wrong. 22-CA-575 11 Having concluded

    Cited 0 timesUnknown
  • Susana F. Moody v. Ross Moody

    Louisiana Court of Appeal · Nov 15, 2023

    that the finding is clearly wrong. … The value was established in the May 11, 2015 judgment.

    Cited 0 timesUnknown
  • State v. Givens

    41 So. 3d 589 · Louisiana Court of Appeal · Jun 9, 2010

    Where the record clearly shows an adequate | ^factual basis for the sentence imposed, remand is unnecessary even where there has not been full compliance with La.C.Cr.P. art. 894.1. State v. … These facts qualify as nothing short of horrific and disturbing and would have supported a conviction on the charged offense of second degree murder.

    Cited 9 timesPublished
  • Nicholas Boatwright v. Farm Bureau Insurance Company

    Louisiana Court of Appeal · Oct 18, 2023

    manifest error/clearly wrong standard of review is applicable when a trial court dismisses an action for failure to timely perfect service of process. … In Igbinoghene, the plaintiff argued that ongoing settlement negotiations and the extension of time granted to the defendant to file responsive pleadings qualified as good cause for failing to meet the ninety-day deadline

    Cited 0 timesUnknown
  • In re Coon

    141 So. 2d 112 · Louisiana Court of Appeal · Mar 7, 1962

    Nevertheless, the record clearly shows that counsel for the Department of Civil Service of the State of Louisiana conducted the prosecution of the appellants whose conduct was under inquiry. … We believe such result clearly repugnant to the express purpose and aim of the amendment.

    Cited 8 timesPublished
  • Galyn and James Montgomery v. State Farm Fire & Casualty Co.

    Louisiana Court of Appeal · Nov 14, 2012

    Where there are two permissible views of the evidence, the factfinder‟s choice between them cannot be manifestly erroneous or clearly wrong. . . . … Mallett was not qualified “to render any scientific opinion as to causation” and that Plaintiffs had not sought to qualify him as an expert witness. It further complains that Mr.

    Cited 0 timesUnknown
  • State of Louisiana v. Damon Lee Harmon

    Louisiana Court of Appeal · Nov 5, 2008

    The trial court should clearly set forth the portion of the sentence enhanced under La.R.S. 14:64.3. … Third, the court must then determine whether the defendant has established purposeful discrimination. Batson, 106 S.Ct. at 1724.

    Cited 0 timesUnknown
  • James Herron v. State Farm Mutual Automobile Ins. Co.

    Louisiana Court of Appeal · Dec 30, 2019

    Roden clearly stated and corroborated the testimony of Ms. … Bradley Kirzner who was qualified in Chiropractic and Biomechanics. Dr. Kirzner testified that low impact collisions can and do cause injuries.

    Cited 0 timesUnknown
  • Janice Spikes v. Louisiana Commerce & Trade Association

    Louisiana Court of Appeal · Jul 2, 2014

    Yet, he did not clearly state in his appeal to Medical Services what treatment had been provided to Ms. … Spikes’ problems with depression more than her pain, she clearly understood, after speaking with him, that he was suggesting treatment for chronic pain.

    Cited 0 timesUnknown
  • Averette v. Travelers Insurance Company

    174 So. 2d 881 · Louisiana Court of Appeal · Apr 12, 1965

    Averette, appearing in this action individually and as the duly qualified natural tutrix of her five minor children; and two major children, Marvin Glynn Averette and Jeanette Averette Matson. … The photographs demonstrate clearly a violent impact between the school bus and the station wagon.

    Cited 9 timesPublished
  • Fromenthal v. Delta Wells Surveyors, Inc.

    776 So. 2d 1 · Louisiana Court of Appeal · Dec 20, 2000

    Nothing in the record indicates that Commander Cole's proposed testimony violated the principles established by Daubert . … The factors to be considered by appellate courts to determine the allocation of fault to a plaintiff were established as follows in Watson v.

    Cited 9 timesPublished
  • St. Mary Operating Company v. Lester Joseph Champagne

    Louisiana Court of Appeal · Dec 6, 2006

    Unless expressly qualified by the parties, a royalty is a right to share in gross production free of mining or drilling and production costs.” La.R.S. 31:80. … It is established by Hodges v. Norton, [8 So.2d 618 (La.1942)] supra, and Bodcaw Lumber Co. of La. v.

    Cited 0 timesUnknown
  • Judith Langlinais Mistich v. Louisiana Farm Bureau Casualty Ins. Co.

    Louisiana Court of Appeal · Jul 13, 2012

    Policy exclusions must be clearly stated. Any ambiguity in an insurance policy’s exclusions is construed to afford coverage. The insurer has the burden of proving that a loss comes within a policy exclusion.” La. … that automobiles owned or furnished for regular use must be listed on the declaration page to qualify for coverage.

    Cited 0 timesUnknown
  • State v. Robertson

    6 La.App. 3 Cir. 167 · Louisiana Court of Appeal · Jul 16, 2008

    These facts clearly supported reasonable suspicion to believe criminal activity was occurring. The scope of the search was not unreasonable. … Prieur, 277 So.2d 126 (La.1973), is not mandated when the evidence is relevant and probative to establish the elements of the crime charged.

    Cited 8 timesPublished
  • Jazz Casino Company, L.L.C. v. Cynthia Bridges, in her capacity as the Secretary of the Louisiana Department of Revenue, and the Louisiana Department of Revenue

    Louisiana Court of Appeal · Jul 29, 2020

    Clearly, the enactment of Subsection e) in Act 1 was merely incidental to the making of rules and regulations to promote public order, individual liberty, and general welfare. … The legislature further finds and declares it to be the public policy of the [ S] tate that to this end all persons, locations, practices, associations, and activities related to the operation of licensed and qualified gaming

    Cited 0 timesUnknown

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