Case law

State v. Smith

687 So. 2d 529 · Louisiana Court of Appeal · Dec 30, 1996

The following two things were clearly established: (1) Mrs. Murphy did not discuss the case with anyone at the hospital, nor did she receive any outside information regarding the case and (2) Mrs. … The usual requirements that need to be established for a witness to qualify as an expert include: educational experience, law enforcement training, previous expert testimony, and practical experience or scientific knowledge

Long v. Jeb Breithaupt Design Build Inc.

4 So. 3d 930 · Louisiana Court of Appeal · Feb 25, 2009

The agreement clearly involved interstate commerce; however, it contained a choice of law provision selecting Louisiana. … Breithaupt “held himself out as a qualified architect” who was “qualified to render architectural plans, specifications and drawings and places a grossly misleading abbreviation for ‘architect’ on his correspondence, plans

LeBlanc v. Tyler

381 So. 2d 908 · Louisiana Court of Appeal · Mar 5, 1980

Continental Insurance Company, 313 So.2d 349 (La.App. 3 Cir. 1975), we held that reasonable corporal punishment was allowed in this state and that a teacher using this method of discipline had limited immunity from civil … from Roy and the determination that the punishment was excessive is clearly wrong.

Philson v. Department of Corrections

451 So. 2d 1311 · Louisiana Court of Appeal · Jun 26, 1984

Appellant first maintains that the referee appointed by the Commission to conduct his *1314 hearing was not qualified. … We are of the opinion that the evidence clearly establishes no manifest error in the findings of fact reached by the Commission, and that those facts support the conclusion that Mr. Philson violated Rule 13(b).

Loflin v. International Paper Co.

793 So. 2d 533 · Louisiana Court of Appeal · Aug 22, 2001

Viewed according to the mandates of art. 966 A(2)— i.e., without strict scrutiny or any presumption in favor of a full trial —these papers clearly establish every essential element of statutory employment under Kirkland and … Since the nature of the project is clearly established, the attempt to label it as new construction creates no genuine issue of material fact.

Johnson v. State, Dept. of Transportation & Development

11 La.App. 3 Cir. 826 · Louisiana Court of Appeal · Feb 15, 2012

We are compelled to review the record in its entirety to determine whether the jury's finding was clearly wrong or manifestly erroneous. Id. … His own testimony demonstrates that he is indeed qualified to be an expert on that subject, and has been qualified as such by courts in the past.

Johnson v. Wal-Mart Stores, Inc.

574 So. 2d 502 · Louisiana Court of Appeal · Feb 6, 1991

All of the acts committed in the presence of and observed by Ruth Price and Jessica Howell [Wal-Mart Store employees] clearly establish that Andrea Johnson did nothing that would even tend to suggest that she was attempting … Howell establish the absence of `reasonable cause' for detention of Andrea Johnson.

Durand v. Brookshire Grocery Co.

98 La.App. 3 Cir. 1738 · Louisiana Court of Appeal · Jun 30, 1999

“A merchant will be immune from civil liability if he can meet the requirements set forth in this article.” Jenkins v. Wal-Mart Stores, Inc., 601 So.2d 21, 23 (La.App. 1 Cir.1992). … See also Comment (c) to Article 215, providing that “[i]f the detention is authorized under the first paragraph, immunity from both criminal and civil liability will naturally follow.”

Bizcapital Bus. & Ind. Dev. v. Union Plant.

884 So. 2d 623 · Louisiana Court of Appeal · Sep 8, 2004

An agreement would be required in order to establish a fiduciary relationship between a financial institution and a customer. … Clearly, this was not an ordinary commercial loan.

Ruffin v. Wal-Mart Stores, Inc.

2001 La.App. 1 Cir. 0613 · Louisiana Court of Appeal · May 10, 2002

The jurisprudence establishes that communications between an employer and the Department of Employment Security generally enjoy a qualified privilege. Kelly v. West Cash & Carry Bldg. … That remark clearly satisfies the above requirements for a qualified privilege, and Ruffin has not affirmatively established that she can produce sufficient evidence at trial to prove with convincing clarity her claim of

State v. Domino

708 So. 2d 1143 · Louisiana Court of Appeal · Feb 20, 1998

The defendant points to Muse's immunity agreement with the State as the underlying reason for this special jury charge. … NOTES [1] The issue of whether or not the State could have produced evidence of chemical testing to establish the victim's blood alcohol level also was raised at trial as a possible reason for the instant requested special

Hebert v. Plaquemine Caring, L.L.C.

2007 La.App. 1 Cir. 2243 · Louisiana Court of Appeal · Jun 16, 2010

that the factfin- *242 der is clearly in error. … Lee had not been qualified as an expert, but had only been called and questioned as a fact witness.

Parker v. Louisiana Forestry Commission

359 So. 2d 252 · Louisiana Court of Appeal · May 1, 1978

. *254 Although Houston General does not entirely concede the point, the testimony of the treating physician and a doctor called by the defendant clearly established that plaintiff’s disability after November 1976 was a direct … Defendant’s well-qualified witness never examined the plaintiff and the hypothetical questions posed to him did not coincide in all respects to the established facts.

Buelle v. Periou

927 So. 2d 1126 · Louisiana Court of Appeal · Dec 22, 2005

The only evidence submitted in support of the exception was a copy of the certificate of enrollment establishing Dr. Periou's status as a qualified health care provider. No evidence was submitted by Ms. … Defendants contend that this clearly describes the claim asserted herein. However, Ms.

Roberson v. Arcadia Healthcare Center, Inc.

850 So. 2d 1059 · Louisiana Court of Appeal · Jul 9, 2003

The PCF also objected on the basis that the plaintiffs failed to produce facts sufficient to establish the healthcare provider's status as a qualified healthcare provider. … Upon satisfaction of *1066 these three basic requirements, a certificate of enrollment is issued, and this certificate establishes the health care provider to be a qualified health care provider under the MMA.

Farley v. State ex rel. Department of Transportation & Development

96 La.App. 1 Cir. 0538 · Louisiana Court of Appeal · Sep 27, 1996

XII, § 10 provides a general prohibition against sovereign immunity: § 10. Suits Against the State Section 10. (A) No Immunity in Contract and Tort. … The evidence at trial established the plaintiffs, four of Ms. Farley’s eight children, are all majors, none of whom are supported by Ms. Farley. One of the daughters, Ms.

Gibson v. State

98 La.App. 4 Cir. 1100 · Louisiana Court of Appeal · Feb 24, 1999

Although we agree with West that non-litigant/non-party witnesses enjoy absolute immunity, we do not find that West is a non-litigant witness. … Nonetheless, after reviewing all of the evidence, we do not find this misrepresentation of the facts establishes that the trial court was clearly wrong in concluding that the police did not have probable cause to arrest Gibson

Travelers Fire Ins. v. Savoy

82 So. 2d 68 · Louisiana Court of Appeal · Jun 30, 1955

Under the employer-employee relationship, it is clearly established that an employer is responsible for the acts of his employee while acting within the course and scope of his employment. … Sanchez, only after having found Legleu to be a qualified and experienced driver, gave him permission to drive the tractor.

State v. Amato

698 So. 2d 972 · Louisiana Court of Appeal · Jun 30, 1997

When the trial resumed, the prosecutor declined to grant immunity to Mr. Shelton, indicating he was unprepared to grant blanket immunity when he did not know how often this type of transaction had occurred. … Evidence that is not otherwise admissible in rebuttal may be introduced if it qualifies as impeachment evidence.

Vila v. Faget

598 So. 2d 388 · Louisiana Court of Appeal · Mar 26, 1992

Faget’s records, viewed alone, did not establish that he failed to comply with applicable standard of care. Dr. Dan S. Lehon was also qualified as an expert in the field of general dentistry by defendant. Dr. … Cavallino’s testimony was directed to establishing that Dr.