Case law

Galloway v. Baton Rouge General Hosp.

583 So. 2d 1169 · Louisiana Court of Appeal · Jun 27, 1991

The plaintiffs [1] subsequently instituted proceedings with a medical review panel against Baton Rouge General Hospital, a qualified health care provider, as required by the Louisiana Medical Malpractice Act, *1171 LSA-R.S … As an intermediate court of review, we are not to set aside the trier of fact's factual findings in the absence of "manifest error" or unless such findings are "clearly wrong." Lirette v.

State v. Kennedy

963 So. 2d 521 · Louisiana Court of Appeal · Aug 15, 2007

Rachal qualified at trial as a fingerprint identification expert. … 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 LSA-C.Cr.P. art. 894.1. State v.

State v. Cohen

272 So. 3d 12 · Louisiana Court of Appeal · May 8, 2019

The court then stated the following: The evidence at trial clearly established the fact that an innocent baby died from abuse - severe abuse which took place over a period of several days. … These facts qualify as nothing short of horrific and disturbing and would have supported a conviction on the charged offense of second degree murder.

State of Louisiana v. Michael Thibodeaux

Louisiana Court of Appeal · Mar 17, 2021

ASSIGNMENT OF ERROR NUMBER FOUR In his fourth assignment, the defendant argues the district court erred by qualifying assistant legislative auditor Roger Harris as an expert witness. … The defendant has not established such an abuse of discretion.

Danny R Odell v. Billie Kellerhuis Odell

Louisiana Court of Appeal · Jun 4, 2014

Kellerhuis would be qualified for a number of jobs in the Lafayette area, and she could earn a salary in the mid- $30,000 range. While Ms. … The facts underlying these findings are well established in the record.

State v. Taylor

161 So. 3d 963 · Louisiana Court of Appeal · Jan 14, 2015

The experts agreed that Taylor has an IQ of only 56, a condition which qualifies him as suffering from mild to moderate mental retardation. … 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.

Linda Harbor v. Christus St. Frances Cabrini Hospital

Louisiana Court of Appeal · Nov 2, 2006

The judgment of the trial court was clearly contrary to law and evidence, thus mandating a new trial pursuant to La. … Harbor take the test to see if she was even qualified to obtain an [sic] GED. Moreover, as even argued by the employer in its brief, they contend she failed to do this because it would have made her more employable.

State Of Louisiana v. Shane Christian Pagano

Louisiana Court of Appeal · Oct 4, 2021

The foregoing testimony by L.R., notwithstanding the defendant' s incorrect claim that no testimony exists that oral sexual intercourse occurred, clearly established that she performed oral sex on the defendant, and the … The testimonial evidence clearly established the defendant raped L.R. through oral sexual intercourse and anal sexual intercourse.

State of Louisiana v. Johnny Lee Harris

Louisiana Court of Appeal · Mar 18, 2015

Under Batson and its progeny, the opponent of a peremptory strike must first establish a prima facie case of purposeful discrimination. … Louisiana courts have found a myriad of explanations to qualify as race-neutral reasons. See, e.g., State v.

Candace Rae Marsalis v. James Frank Marsalis

Louisiana Court of Appeal · Dec 8, 2010

Unfortunately, the record clearly establishes that there is no home state for purposes of this child support proceeding. … The only evidence presented on the issue established that the move was intended to be permanent.

Law Enforcement District of Jefferson Parish Versus Mapp Construction, LLC, Abc Insurance Company, Travelers Casualty & Surety Company, Sizeler, Thompson, Brown Artchitects Project Design Group, LLC and the Xyz Insurance Company

Louisiana Court of Appeal · May 29, 2020

R.S. 9:2772 on the basis that it was a “special” law creating a special privilege or immunity for architects and contractors, drew a distinction between the former group on one hand, and owners, lessors, or tenants on … Clearly, because it designed and manufactured custom components incorporated into an immovable, Centria is the type of entity contemplated by La. R.S. 9:2772.

Rebel Distributors Corp., Inc. (Mary Doucet) v. Luba Worker's Comp.

Louisiana Court of Appeal · Mar 6, 2013

The June 29, 2007 contract clearly did not establish a mandate relationship between Physician Partner and Dr. Heard/Clinic. … While the November 16, 2010 agreement provides on the surface that it establishes a principal/agent relationship between Dr.

Bernard v. Ellis

76 So. 3d 69 · Louisiana Court of Appeal · Sep 27, 2011

were not insureds under the liability provisions of this policy, or that they were not using or occupying an insured vehicle, the trial judge was correct to grant the motion for new trial because the summary judgment is "clearly … who was an excluded driver under the policy. [1] The Court said: Although Louisiana's public policy strongly favors UM coverage and a liberal construction of the UM statute, it is well-settled that a person who does not qualify

In the Matter of the Professional Liability Claim of Brian Snavely (D)

Louisiana Court of Appeal · Nov 4, 2015

Clearly, by that point, Ms. Snavely had enough information to put her on guard. Campo, 828 So.2d 502. … Snavely asserts that if the trial court found that her allegations were insufficient to establish a date of discovery of July or August 2013, the trial judge should have given her an opportunity to amend her complaint

State of Louisiana In The Interest of K.C.N.

Louisiana Court of Appeal · May 29, 2024

In order to terminate a person' s parental rights, the court must find the State has established 2 DCFS established that K.J. is K.C.N.' s biological father. … A qualified witness only needs to be familiar with the record-keeping system of the entity whose business records are sought to be introduced. Velocity Investments, LLC a Pasqua, 2022- 0626 ( La.

Lafayette Steel Erector, Inc. v. James Constance

Louisiana Court of Appeal · Apr 16, 2014

Where there are two permissible views of the evidence, a factfinder‟s choice between them can never be manifestly erroneous or clearly wrong. Id. … Constance further submits 11 that he is not qualified for the jobs offered given his advanced age, his lack of office and computer skills, and his educational level.3

Craig R. Short v. RaceTrac Petroleum, Inc. individually and d/b/a RaceTrac John Doe, DEF Insurance Company, John Doe, Inc. and DEF Insurance Company

Louisiana Court of Appeal · Feb 24, 2023

The decision to admit or exclude expert testimony is within the sound discretion of the district court, and its judgment will not be disturbed by an appellate court unless it is clearly erroneous. … Danner is qualified to testify as an expert regarding whether 8 additives should have been added to the paint used in the area where Mr. Short fell.

State of Louisiana in the Interest of K.C.N.

Louisiana Court of Appeal · May 29, 2024

In order to terminate a person' s parental rights, the court must find the State has established 2 DCFS established that K.J. is K.C.N.' s biological father. … A qualified witness only needs to be familiar with the record-keeping system of the entity whose business records are sought to be introduced. Velocity Investments, LLC a Pasqua, 2022- 0626 ( La.

Tammatha Messina v. Isle of Capri Casino

Louisiana Court of Appeal · Dec 22, 2004

Richey, which in effect creates a jurisprudential exception to art. 1005, is clearly distinguishable from the case before us. … “‘Substantive laws,’ for purposes of determining whether a law should be applied retroactively, are those which establish new rules, rights, and duties, or change existing ones.” Landry v.

State of Louisiana v. Corey W. Oliphant

Louisiana Court of Appeal · Nov 20, 2013

The analysts‟ certificates—like police reports generated by law 22 enforcement officials—do not qualify as business or public records for precisely the same reason. … The second circuit concluded that the report was clearly testimonial as explained in Melendez-Diaz, but that “[a]ssuming, arguendo, that the report in this case violated the Sixth Amendment, it would still be subject to