Case law

State v. Fontenot

16 La.App. 3 Cir. 226 · Louisiana Court of Appeal · Nov 2, 2016

It is not necessary that an owner be qualified as an expert in order to testify as to the value of the thing owned by him. Here the owner was not shown to lack knowledge of the value of the thing stolen. … requested the following proposed jury instruction: The Court instructs the jury that the law looks with suspicion and distrust on the testimony of an accomplice or a snitch who provides evidence against a defendant for partial immunity

Stelly v. Nat'l Union Fire Ins. Co.

266 So. 3d 395 · Louisiana Court of Appeal · Feb 6, 2019

Both Defendants and the trial court heavily relied on the testimony provided by Trooper Smith, who neither witnessed the accident nor was qualified as an expert on the matter. The trial court summarily dismissed Mr. … Belaire clearly saw the lights of the truck/trailer and recognized the truck was slowing down and observed the right blinker evidencing an anticipated right turn. (emphasis added).

Aaron Emigh v. West Calcasieu Cameron Hospital

Louisiana Court of Appeal · Nov 2, 2017

“The burden of establishing the statutory criteria have been satisfied falls on the party seeking to maintain the class action.” Baker, 167 So.3d at 539. … members of the class; (2) the named representatives must have a sufficient interest in the outcome to insure vigorous advocacy; and (3) counsel for the named plaintiffs must be competent, experienced, qualified

Bradley Griffith v. Resa Latiolais

Louisiana Court of Appeal · Jun 1, 2011

Brad clearly desired to control Resa and her relationship with Mr. Chappell. Throughout this twelve (12) day trial, the Court observed Mr. … C.C. art. 134 clearly fell in Resa’s favor. Griffith, 32 So.3d at 389.

Misty Luneau Noland v. Ryan Michael Noland

Louisiana Court of Appeal · Apr 26, 2017

If it does not process information correctly, then the disability has to be “remediated” by a qualified educator by use of certain techniques. … It is Ryan’s contention that the trial court erred in establishing itself as a “safety monitor” for the children rather than placing the children with Ryan. We disagree.

Stelly v. Nat'l Union Fire Ins. Co.

266 So. 3d 395 · Louisiana Court of Appeal · Feb 6, 2019

Both Defendants and the trial court heavily relied on the testimony provided by Trooper Smith, who neither witnessed the accident nor was qualified as an expert on the matter. The trial court summarily dismissed Mr. … Belaire clearly saw the lights of the truck/trailer and recognized the truck was slowing down and observed the right blinker evidencing an anticipated right turn. (emphasis added).

Kj's Services, Inc.& Landmark Window & Door, LLC v. Casey L. Johnson,creative Architectural, LLC & Creative Door & Window, LLC

Louisiana Court of Appeal · Nov 23, 2022

AFFIDAVITS The affiants clearly establish the undisputed material facts that Casey Lane Johnson did not “compete” against KJ’s following his termination; that he did not exhibit any intent or ill-will … The affiants further establish that Casey Lane Johnson did not act in an egregious manner toward KJ’s.

Underwriters'at Lloyds Syndicate 1036 v. Danos & Curole Marine Contractors, LLC

Louisiana Court of Appeal · Oct 1, 2014

Once the mover has met his burden of proof, the burden shifts to the non-mover to produce factual support sufficient to establish that he will be able to meet his burden of proof at trial. Id. … La. 2004), 2004 WL 2452780 (unpublished opinion) (reasoning that “the indemnity provision clearly expresses an intent to indemnify not only [the company], but also [the company’s] invitee”).

Gannon Bertrand v. G-Force Transportation, LLC

Louisiana Court of Appeal · Dec 10, 2014

And for that reason, I think it makes it a little different in that I don’t need the employee’s doctor to establish necessity. … The WCJ continues: Because I’m looking at whether or not good cause has been established, my approach is different.

Howell v. Union Pacific Railroad

7 La.App. 3 Cir. 1151 · Louisiana Court of Appeal · Apr 2, 2008

Union Pacific Railroad, 97-1843, p. 8 (La.4/14/98), 712 So.2d 491, 495 (citations omitted), has set forth the same premise in relation to motorists approaching a railroad crossing: It is well established in our jurisprudence … He testified that he has qualified as an expert in Louisiana before. On cross examination, he admitted to being fired twice and receiving demerits. He admitted his rating was the same as Nero or Lazo.

State of Louisiana v. Kevin Dee Gildhouse

Louisiana Court of Appeal · Oct 9, 2013

Badeaux’s blood clearly established that an individual exiting the vehicle from the back seat passenger side would not be exposed to any significant blood splatter. … Additionally, that same distribution pattern clearly establishes that the shooter had exited the passenger seat behind the driver before the fatal shot was fired.

Mark Taylor v. State of La, Thru the Dotd

Louisiana Court of Appeal · Jun 23, 2004

Generally, the determination of whether to qualify a witness as an expert is within the sound discretion of the trial judge, who is afforded great latitude in deciding whether a prospective expert has competence, background … The evidence presented by the other expert witnesses, including the Taylors’ experts, clearly establishes that hydrology constitutes a part of the field of civil engineering.

State v. Cushenberry

2013 La.App. 4 Cir. 0382 · Louisiana Court of Appeal · Jul 16, 2014

Eric Sundell, qualified by stipulation as an expert in emergency medicine, testified that he treated Mr. Avila at Ochsner Baptist Hospital’s emergency room on 17 September 2011. Mr. … Avila was too intoxicated, with beer and the crack cocaine that he bought, at the time that the defendant punched him to remember clearly what happened.

State of Louisiana v. G. T., Jr.

Louisiana Court of Appeal · Jun 15, 2011

THE COURT: You are trying to add that language to a felony and qualify a felony. … I mean, it doesn’t qualify that. So, that leads me to believe that my interpretation is correct.

Scott Bennett v. Daigre's Automotive, Inc.

Louisiana Court of Appeal · May 3, 2006

No amount paid as a penalty under this Subsection shall be included in any formula utilized to establish premium rates for workers' compensation insurance. … However, we are bound by the action of our supreme court and the prior action of this court: LIGA claims it is immune from penalties and attorney fees.

White v. General Motors Corp.

99 La.App. 1 Cir. 2585 · Louisiana Court of Appeal · Nov 3, 2000

However, the remainder of Section D clearly sets forth the mechanism to be used “[i]n the event of such a sale or transfer.” … A Post Office Box will be established by Class Counsel for the purpose of receiving and responding to inquiries by Settlement Class members. 12.

Roland Romero v. Northrop Grumman Corp.

Louisiana Court of Appeal · Mar 7, 2007

Although Claimant filed a separate claim under a new docket number on April 1, 2002, La.R.S. 23:1310.8 clearly provides for continuing jurisdiction of the WCJ over each case. … Romero, that he suffers from immune mediated injury to the nervous system either centrally or peripherally.”

Shannon Menard v. Lafayette Ins. Co.

Louisiana Court of Appeal · Jun 3, 2009

We find that the trial court’s actions in this respect clearly fall within the authority granted under this article. … Aiken should be allowed to qualify as an expert and testify on behalf of the defendants. Her primary complaint is that the hearing would have shown that Dr.

Russell Paulette Lebouef Istre v. Daniel Meche

Louisiana Court of Appeal · Nov 2, 2005

They argued that Officer Buchanan was not negligent and that he and the City of -2- Rayne were immune from liability pursuant to La.R.S. 9:2798.1(B). … I find that there are clearly genuine issues of material fact that must be determined by a trier of fact at a trial on the merits and that summary judgment is not appropriate at this stage of the proceedings.

Norman E. Welch, Jr. v. Sterne, Agee & Leach, Inc.

Louisiana Court of Appeal · Jun 30, 2004

Instead, “[t]his Court has clearly and consistently held that a party cannot be required to submit to arbitration any dispute he has not agreed to submit.” … Additionally, “if there exists inconsistency between two clauses of a contract which cannot be reconciled, the inconsistency must be resolved in favor of the prior clause, unless an intention to thereafter qualify