Case law

George v. OUR LADY OF LOURDES MED. CENTER

774 So. 2d 350 · Louisiana Court of Appeal · Dec 6, 2000

Application of these definitions to the case before us clearly establishes that Ms. George was not the Medical Center's patient at the time of her accident. … NOTES [1] At the trial on the exceptions, no evidence was presented to establish the Medical Center as a qualified health care provider under the Louisiana Medical Malpractice Act.

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.

Norris v. Gould

854 So. 2d 448 · Louisiana Court of Appeal · Sep 5, 2003

Grisaffe sought election to the Iberia Parish Council, a parish governing body established by a home rule charter. … Section 4(B) clearly contemplates *451 the office seeker moving from the old district to the new, as his seat shall be vacated if he is not residing in the district he represents when he is sworn into office.

Yates v. Elmer

6 La.App. 5 Cir. 74 · Louisiana Court of Appeal · Nov 28, 2006

A trial court’s findings of fact will not be disturbed unless the record establishes that the finding is clearly wrong or manifestly erroneous. Franklin Southland Printing Co., Inc. v. … Thus, discretionary immunity would relieve it of liability in any event. See: La. R.S. 9:2798.1 and La. R.S. 29:735. For a discussion of governmental immunity, see Hontex Enterprises, Inc. v.

Allemand v. DISCOVERY HOMES, INC.

2009 La.App. 1 Cir. 1565 · Louisiana Court of Appeal · May 28, 2010

Thereafter, if the adverse party fails to produce factual support sufficient to establish that he will be able to satisfy his evidentiary burden of proof at trial, there is no genuine issue of material fact. La. … Clearly, the reference to “perfect” relates to the workmanlike manner in which the builder agreed to build, finish, and |9deliver the residence.

Gauthreaux v. Trosclair

676 So. 2d 213 · Louisiana Court of Appeal · Jun 28, 1996

Barrett, 95-2066, p. 11 (La. 5/31/96), 675 So.2d 720 , the Supreme Court stated "payment by a qualified health care provider of $100,000 to a malpractice victim in settlement of a claim statutorily admits and establishes … Accordingly, we find that Acts 1991, No. 800 clearly effected a change in existing rights and must be classified as substantive.

Rigdon v. Pittsburgh Tank & Tower Co.

682 So. 2d 1303 · Louisiana Court of Appeal · Nov 8, 1996

Clearly, in this case, Pittsburgh meets the requirements of this article and therefore shall be treated as a domiciliary of Louisiana. … Here, we find that the application of Louisiana law to the issue of defendants' immunity is appropriate under LSA-C.C. art. 3542.

Ogbonnaya John Nwoha v. State of Louisiana through Grambling State University; and the Board of Supervisors for the University of Louisiana System

Louisiana Court of Appeal · May 21, 2025

Based on our de novo review of the record, we find plaintiff failed to present any evidence to establish defendants did not follow procedures established for termination of a tenured faculty member. … R.S. 9:2798.1, and finding the Board had qualified immunity.

State v. Green

471 So. 2d 292 · Louisiana Court of Appeal · Jun 5, 1985

However, after the state granted her immunity from prosecution she testified at Green’s trial. … However, the Smith court clearly recognized that such testimony is generally not allowed, and that each case must be decided within the boundries of its own facts.

Myers v. Burger King Corp.

638 So. 2d 369 · Louisiana Court of Appeal · May 26, 1994

Under most circumstances ownership alone establishes the requisite benefit, control and authority to find garde. Doughty v. Insured Lloyds Ins. Co., 576 So.2d 461 (La.1991). … The Court concluded that the amendment to LSA-C.C. art. 2324(B) contemplated the assessment of fault of a statutorily immune party.

Calvin Dale Miller v. Village of Hornbeck

Louisiana Court of Appeal · May 11, 2011

Our review of the record indicates that the trial court did not expressly discuss the issue of qualified immunity, but, implicitly, it did not find the officers were entitled to qualified immunity. … Government officials are entitled to qualified immunity when performing discretionary functions. McManus v.

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.

Sharp v. Brown

464 So. 2d 12 · Louisiana Court of Appeal · Dec 28, 1984

Since her argument is actually-directed toward a lack of venue rather than jurisdiction, and Code of Civ.P. art. 2002(3) pertains only to cases involving a lack of jurisdiction, this provision is clearly not applicable. … in the newly established district.

Touchard v. Williams

606 So. 2d 927 · Louisiana Court of Appeal · Dec 21, 1992

with any other person for damages attributable to the fault of such other person, including the person suffering injury, death, or loss, regardless of such other person's insolvency, ability to pay, degree of fault, or immunity … It is more consistent with the general principle that statutes in derogation of judicially-established rights of long standing are to be strictly construed, i.e., are to be `given the effect which makes the least rather than

Kerri Ulrich Versus City of Westwego

Louisiana Court of Appeal · Sep 24, 2025

The City argued that Catfish Bourgeois Park qualifies for immunity under the statute’s plain language, as it is a public recreational park owned and managed by the City for recreational purposes. … This poses a problem not clearly resolved through the application of well-established principles of statutory interpretation. See La. Civil Code arts. 9-13; La. R.S. 1:3; Glorioso v. City of Kenner, 19-298, p. 4 (La.

Harper v. State ex rel. Department of Health & Hospitals

2014 La.App. 4 Cir. 0110 · Louisiana Court of Appeal · Sep 9, 2015

Second, “the appellate court must further determine that the record establishes that the finding is clearly wrong (manifestly erroneous).” Id. … We note that the Defendants plead the defense of “qualified immunity and/or the doctrine of privilege.”

Jackson v. State

2002 La.App. 4 Cir. 2210 · Louisiana Court of Appeal · May 7, 2003

The record establishes that the relator was not named in the statutory request for review by a medical review panel. … Clearly, relator was denied this statutory protection. In addition to the denial of is statutory right to a review panel hearing, Dr.

Agnor v. Caddo Parish School Bd.

936 So. 2d 865 · Louisiana Court of Appeal · Aug 1, 2006

is clearly wrong. … Neither party is clearly 100% at fault for the unfortunate incident of February 14, 2001.

Arant v. St. Francis Medical Center, Inc.

605 So. 2d 622 · Louisiana Court of Appeal · Aug 19, 1992

The plaintiffs clearly failed to show any chance of Arant's survival. … Freeman was qualified in pathology and clinical medicine, but expressed a reluctance to give clinical impressions.

Smith v. Cutter Biological

770 So. 2d 392 · Louisiana Court of Appeal · Sep 6, 2000

But he qualified it to say that he heard things in the media but he just wasn't sure. In January of 1993 he started taking AZT. … On rehearing this Court addressed Stockle's contra non valentem arguments: The record clearly established that as of April, 1987, plaintiff, Raymond Stockle knew that he had tested positively for the AIDS [6] virus and that