Case law

Sensley v. Glenwood Regional Medical Center

873 So. 2d 864 · Louisiana Court of Appeal · May 12, 2004

Where there are two permissible views of the evidence, the fact finder’s choice between them cannot be manifestly erroneous or clearly wrong. Rosell, supra. … Next, Nurse Brown, a peri-anesthesia nurse, 1 testified on behalf of Glenwood and was qualified as an expert in the field of nursing.

Frank Labruzzo, Bernard D' Arcangelo, Mary Rose Labruzzo D' Arcangelo, Clarissa M. Balfour Trust, Clarissa M. Balfour, Trustee and Orpheum, Inc. Versus State of Louisiana, Southeast Louisiana Flood Protection Authority-East, Coastal Protection and Restoration Authority of Lousiana, and the Board of Commissioners of East Jefferson Parish Levee District

Louisiana Court of Appeal · May 22, 2024

The State further argued that Plaintiffs’ federal lawsuit2 against the Corps established Plaintiffs’ claims were prescribed in April 2016, at the latest. … The State asserted sovereign immunity and argued that the trial court lacked subject matter jurisdiction to render a declaratory judgment against it.

Christopher Handy, Etc. v. Union Pacific Railroad Company

Louisiana Court of Appeal · Mar 2, 2005

STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT 04-1277 consolidated with CW 04-1341 CHRISTOPHER HANDY, through his legally qualified … Stutes’ statement as being collected in the course of the investigation and that the statement sufficiently establishes the train speed to be within the posted federal speed limit of 60 m.p.h.

State in the Interest of L. A.

Louisiana Court of Appeal · Apr 26, 2023

that the fact finder is clearly wrong or manifestly erroneous. … If there are two permissible views of the evidence, the fact finder’s choice between them cannot be manifestly erroneous or clearly wrong. Id.

Harward Soileau v. Med-Express Ambulance Service, Inc.

Louisiana Court of Appeal · Oct 1, 2003

“Some” expert testimony is necessary to establish this aspect of materiality because only a physician or other qualified expert is capable of judging that risk exists and the likelihood of occurrence. … [It must] review the record in its entirety to determine whether the trial court’s finding was clearly wrong or manifestly erroneous.” Id. at 882 (citation omitted).

Travis Cooper v. Louisiana Deptartment of Public Works

Louisiana Court of Appeal · Mar 3, 2004

not contain technical formalities, but it must contain a clear expression of a party’s intent to be bound as a surety.45 The plaintiff in Cooper believed the resolutions, to which the City of Bogalusa had agreed, established … If a person causes damage by breaching a tort duty owed to the plaintiff, then, absent immunity, he is personally liable to the plaintiff for those damages.

Michelle Detraz v. Victor Lee D/B/A Virgin Nails

Louisiana Court of Appeal · Apr 13, 2005

Detraz’s inconsistent deposition testimony regarding the date of the pedicure, by the time of trial the date was clearly established. Ms. … Henderson described precisely how difficult, although clearly not impossible, it would be to contract such an infection.

Smith v. Weeks Marine, Inc.

9 La.App. 3 Cir. 980 · Louisiana Court of Appeal · Feb 3, 2010

interpreting the certification language of Article 1915, the Louisiana Supreme Court conducted an in-depth analysis of the legislative intent underlying the 1997 amendments to La.Code Civ.P. art. 1915, as those amendments were clearly … To establish such unseaworthiness, a plaintiff must prove that the crew member was not “equal in disposition and seamanship to the ordinary men in the calling.”

Gerald W. Greer v. State of La., Dotd

Louisiana Court of Appeal · Oct 4, 2006

that the fact finder is clearly wrong or manifestly 2 erroneous. … The record is replete with evidence establishing the degree of deterioration of the fallen tree.

State of Louisiana v. Tashonty C Toney

Louisiana Court of Appeal · Apr 17, 2024

C.Cr.P. art. 894.1(B)(2), which he contends establishes that the vulnerability must be due to “extreme youth, 12 As noted elsewhere in this opinion, Mr. … Toney contends that his background did not qualify him as a worst offender for whom the maximum sentences are reserved. This argument, however, fails to consider the horrific nature of the offenses.

State v. Bias

265 So. 3d 821 · Louisiana Court of Appeal · Feb 6, 2019

Christopher Singletary, a forensic DNA analyst at the Southwest Louisiana Crime Lab, qualified as an expert in the field of forensic DNA analysis at trial. … Accordingly, we find that the evidence is sufficient to establish the elements of attempted second degree murder, and Defendant's conviction is affirmed.

Succession of Lawrence Heyd

Louisiana Court of Appeal · Dec 6, 2018

Heyd, Jr. does not qualify as a forced heir, a forced heir may still be disinherited if the decedent has just cause to disinherit him. La. C.C. 1494. Mr. Heyd, Jr. was properly disinherited. … The Court believes that suing one’s own father can clearly be construed as mental cruelty pursuant to La. C.C. art. 1621(2). Mr.

State v. Washington

788 So. 2d 477 · Louisiana Court of Appeal · Mar 21, 2001

FACTS New Orleans Police Crime Laboratory Criminalist Theresa Lamb was qualified by stipulation as an expert in the chemical analysis of controlled dangerous substances. Ms. … The evidence establishes that the object was a foil packet of heroin. Thus, defendant was the distributor.

State v. McKinnie

850 So. 2d 959 · Louisiana Court of Appeal · Jun 25, 2003

The state must also establish that an accused who makes a statement during custodial interrogation was first advised of his Miranda rights. State v. Roddy, supra; State v. … Such equivocal | ^actions by McKin-nie clearly led officers to believe that he desired to continue to speak to police about the crime and are insufficient to qualify as an invocation of his right to silence.

Burglass v. Wright

159 So. 176 · Louisiana Court of Appeal · Feb 4, 1935

The general rule is very clearly stated in 21 C. … “He possesses this qualified right of pledge, even against the creditors of the owner, if they seek to have the thing sold.

Steve Crooks and Era Lea Crooks v. State of La., Department of Natural Resources

Louisiana Court of Appeal · Dec 28, 2018

This is clearly distinguishable from our findings in the case at bar. We agree with the trial court that Eagle Pipe is distinguishable from this case and does not apply. … Michael Mayeaux was qualified as an expert in the field of land surveying.

Robert Porbeck v. Industrial Chemicals, Limited

Louisiana Court of Appeal · Mar 5, 2014

With regard to the underlying facts in this litigation, the evidentiary record establishes that in the summer of 2006, Mr. … Ducote‟s testimony, it is further obvious that ICL did everything it could to secure the services of a highly qualified engineer.

State Of Louisiana v. Jaquan Battley

Louisiana Court of Appeal · Jul 6, 2023

To the extent that the alleged hearsay in " Free JJ" established that the defendant shot Mr. … A law officer may testify as to matters within his personal knowledge acquired through experience without first being qualified as an expert.

State of Louisiana v. Desmond Dangelo Dugas

Louisiana Court of Appeal · May 11, 2022

Medical testimony at trial established that the victim died due to a gunshot wound to the head. … Further, key transcripts of voir dire could not be verified and clearly show gaps of missing conversations.

State in the Interest of C. E., K. E., & C.E.

Louisiana Court of Appeal · Oct 7, 2015

Pursuant to La.Ch.Code art. 608, “[t]he parents of a child who is the subject of a child in need of care proceeding shall be entitled to qualified, independent counsel at the continued custody hearing and at all stages … Moreover, the State had the burden of establishing just one statutory ground of La.Ch.Code art. 1015. State ex rel. J.M., 837 So.2d 1247.