Case law

Thomas C. Royer v. State of Louisiana, Dept. of Transportation & Development

Louisiana Court of Appeal · Jan 11, 2017

that the finding is clearly wrong (manifestly erroneous). … Clearly, DOTD should be subject to the policy goal of deterring negligent behavior.

Brandi Billeaudeau v. Opelousas General Hospital Authority

Louisiana Court of Appeal · Apr 11, 2018

Once this occurs, the burden shifts to “the adverse party to produce factual support sufficient to establish the existence of a genuine issue of material fact or that the mover is not entitled to judgment as a matter of … Zavala was qualified to obtain privileges, which act contributed to and was a cause of the hospital’s negligent credentialing of Dr. Zavala and the Plaintiffs’ damages. f. Dr.

Fireman's Fund Insurance Co. v. Bulliard Farm, Inc.

Louisiana Court of Appeal · Nov 2, 2005

The burden is on the party seeking reformation to establish, by clear and convincing evidence, that a mutual mistake has occurred. Farmers-Merch. Bank v. St. … Bulliard “signed the application clearly showing he did not have crop revenue coverage.”

Jenella E. Ben and Rickie Hairston v. Baldwin & Lyons, Inc.

Louisiana Court of Appeal · Mar 7, 2018

that the finding is clearly wrong (manifestly erroneous). … Blanda’s opinion that the March 2012 accident caused Plaintiff’s knee injuries and necessitated his knee surgery is clearly wrong[.]”

State v. Beaner

974 So. 2d 667 · Louisiana Court of Appeal · Dec 5, 2007

Indeed, the record clearly demonstrates that no injustice has been done. … That fact could be established by any competent evidence, and proof of death was made otherwise at this trial.

John Palir, III v. Guideone Insurance Company

Louisiana Court of Appeal · Apr 4, 2018

that the finding is clearly wrong (manifestly erroneous). … Dudden was of the opinion that any qualified propane inspector would have noted the numerous deficiencies in this unit.

Norman Michael Sepulvado v. William Terry Ebarb

Louisiana Court of Appeal · Mar 14, 2018

However, she qualified her statement by stating that no one ever questioned him living on the property because he took care of it. … Norman Michael Sepulvado cannot establish 30-years acquisitive prescription for the requisite years immediately preceding the year 2000 because his mother, Ms.

William Terry Ebarb and Dewanna N. Ebarb v. Unopened Succ. of Alfair Jones Sepulvado

Louisiana Court of Appeal · Mar 14, 2018

However, she qualified her statement by stating that no one ever questioned him living on the property because he took care of it. … Norman Michael Sepulvado cannot establish 30-years acquisitive prescription for the requisite years immediately preceding the year 2000 because his mother, Ms.

Joseph Robert, Gloria Decuir-Robert, Albert Bierria, Gwendolyn Bierria v. State of Louisiana, Through the Governor, the Division of Administration, State Land Office, and the Orleans Levee District, and the Southeast Louisiana Flood Protection Authority - East

Louisiana Court of Appeal · Dec 6, 2023

Standard of Review “The standard of review for class certification is bifurcated: factual findings are reviewed under the manifest error/clearly wrong standard, but the trial court’s 3 An amicus curiae brief was … The party seeking to maintain the class has the burden of establishing that the statutory requirements for certifying a class have been satisfied. Dupree v. Lafayette Ins.

Lewis v. Columbia Mut. Life Ins. Co.

197 So. 619 · Louisiana Court of Appeal · May 3, 1940

All conditions and privileges of this covenant are qualified by the consideration under which this covenant was issued and the constitution of the society.’ … Lewis, upon the issues therein presented, which clearly made the issue which is the only issue involved in the present suit as if said Harvey F.' Lewis were himself named as a party plaintiff to said bill and suit.

Martin v. Yazoo M. R. Co.

181 So. 571 · Louisiana Court of Appeal · Jan 28, 1938

In the second cited case, the court in effect qualified the ruling contended for by defendant when it said (page 602) : “We conclude that, at the time of the accident, there was no extraordinary hazard resulting from the … The question of where a flagman should be when guarding a crossing is set forth plainly and clearly in the case of Roby v. Kansas City Southern Ry.

State v. Gabriel

542 So. 2d 528 · Louisiana Court of Appeal · Mar 15, 1989

The test for determining materiality was firmly established in United States v. Bagley, [473] U.S. [667], 105 S.Ct. 3375 , 87 L.Ed.2d 481 (1985). … Its verdict should not be disturbed unless it is clearly contrary to the evidence. State v. Jackson, supra.

State v. Parker

901 So. 2d 513 · Louisiana Court of Appeal · Mar 29, 2005

A denial of a motion to quash should not be reversed on appeal unless the trial court clearly abused its discretion. State v. Quinones, 03-907 (La.App. 5 Cir. 12/30/03) , 864 So.2d 824, 828 . … To qualify to serve on a jury, a person must "[n]ot be under interdiction or incapable of serving as a juror because of a mental or physical infirmity...." LSA-C.Cr.P. art. 401(A)(4).

David Mullins v. Concrete & Steel Erectors

Louisiana Court of Appeal · Sep 27, 2006

Findings of fact made by a WCJ are subject to the manifest error/clearly wrong standard of review. Alexander v. Pellerin Marble & Granite, 93-1698 (La. 1/14/94), 630 So.2d 706. … Mullins when he worked at Qualified Contractors, Incorporated. Apparently, the employer had discovered that Mr.

Ruby Gatlin Bickham, Wilbur Hayes Bickham, James Hayes Bickham, Individually and on Behalf of his Minor Children, James Hayes Bickham, II and Alyssa Dawn Bickham, and Misty Byrd Bickham v. Charles Regan Toon, Progressive Security Insurance Company, Teresa Marie Minarik, and ABC Insurance Company

Louisiana Court of Appeal · Oct 19, 2020

have been foreseen”), “Toon’s actions clearly displayed a conscious indifference to the consequences that were likely to, and unfortunately did, occur. … of fault of all persons causing or contributing to the injury shall be determined, regardless of whether the other person is a party to the action or a nonparty, and regardless of the person’s insolvency, ability to pay, immunity

Thomas Lovejoy v. Hardie Bergeaux and Crain Brothers, Inc.

Louisiana Court of Appeal · Dec 10, 2003

Lovejoy to produce factual support sufficient to establish that he will be able to satisfy his evidentiary burden of proof at trial. If Mr. … The Court went on to state: A worker who spends less than about 30 percent of his time in the service of a vessel in navigation should not qualify as a seaman under the Jones Act.

State v. Bibbins

13 La.App. 5 Cir. 875 · Louisiana Court of Appeal · Apr 9, 2014

We [13find that the statement at issue does not qualify as a dying declaration under La. C.E. art. 804(B)(2) 21 as no foundation was provided that declarant was aware of his imminent demise. State v. … Finally, the State maintains that the trial court properly denied defendant’s motion for new trial where defendant failed to establish that an injustice had been done, and further failed to establish a prejudicial error or

Guidry v. Crowther

96 So. 2d 71 · Louisiana Court of Appeal · Jun 4, 1957

Guidry, Jr., qualified as their legal tutor. … This contention, even though it may be true, does not necessarily establish Crowther's action as the proximate cause of the accident. The defendants cite Geoghegan v.

State v. Fournette

989 So. 2d 199 · Louisiana Court of Appeal · Jul 2, 2008

William Giblin was qualified as an expert in the analysis of narcotics. He testified that he tested four bags of white granular material that weighed 202.5 grams and was positive for cocaine. … Barbe's observation of the marijuana, the packaging materials, and the gun, items she saw clearly through the gap in the garage doors.

Succession of John L. Cazenave, Jr.

Louisiana Court of Appeal · Mar 1, 2023

Saux and Nurse Diaz, which it recognized was qualified on the assumption that Johnny was taking his prescribed medications. … Clearly, no quick litmus -paper test exists to apply to the evaluation of mental capacity in all cases.