Case law

Deanna Smith v. State of La., Dotd

Louisiana Court of Appeal · Nov 2, 2023

Smith could not prove her negligence claim because the defect she alleged was open and obvious and they were entitled to immunity pursuant to La.R.S. 9:2771. … If the defendant meets that burden of proof, and the plaintiff fails to establish that he or she will be able to establish the breach element at trial, summary judgment in favor of the defendant is mandated

State v. Turner

859 So. 2d 911 · Louisiana Court of Appeal · Oct 29, 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 . In State v. … White, 244 La. 585 , 153 So.2d 401, 409 (1963) ([O]nce a juror has been qualified as competent to serve and sworn—all in the presence of the defendant—he cannot thereafter be disqualified as incompetent to serve unless the

Frank Vine v. Teachers Retirement System of Louisiana

Louisiana Court of Appeal · Dec 19, 2019

C. 3401( h)( 2) that is made by an employer to any individual performing qualified military service. … S. 11: 701, et seq., clearly establishes that "'earnable compensation" does not include compensation paid to non -employees. Therefore, Defendants maintain that Mr.

Bryant George, M.D. & Dura Mater, Inc. v. Christus Health Southwestern Louisiana D/B/A Christus St. Patrick Hospital

Louisiana Court of Appeal · Aug 21, 2024

George felt that he only had to present documentation sufficient to establish the proper 19 indications for each patient’s surgery. … He asserted that the March 17 letter clearly notified Dr.

Burlin v. C.D. Montz & Co.

708 So. 2d 1054 · Louisiana Court of Appeal · Jan 14, 1998

Billings qualified that opinion by also stating Craig was incapable of returning to work on the medication he was taking. Dr. … The trial judge made a credibility determination and we cannot say she was clearly wrong in her findings ofhsfact.

Lamonteanson Chenevert v. William Earl Hilton, Sheriff

Louisiana Court of Appeal · Mar 5, 2008

In short, the plaintiff established only an occurrence and an alleged breach of duty. This type of allegation does not sustain his burden of proof. … Chenevert was qualified to receive social security disability payments from testifying to this fact.”

Brock Simon v. Farm Bureau Insurance Co.

Louisiana Court of Appeal · Mar 4, 2020

Beta asserts that the totality of the circumstances in this instance clearly show that Doughty was an independent contractor. … His actions provided a direct benefit to Beta and he was clearly not on a personal pursuit.

Lydie Moulds and Ron Moulds v. Louisiana Stadium and Exposition District and Smg

Louisiana Court of Appeal · Mar 23, 2022

TRIAL TESTIMONY Jason English Jason English was qualified as an expert in safety engineering and tripping hazards. Mr. … that the finding is clearly wrong or manifestly erroneous.”

Steve Crooks v. State of La., Department of Natural Resources

Louisiana Court of Appeal · Mar 6, 2024

The party pleading res judicata bears the burden of establishing the essential elements of res judicata. Diamond B Const. Co., Inc. v. Dep’t of Transp. and Dev., 02-573 (La.App. 1 Cir. 2/14/03), 845 So.2d 429. … While this court acknowledged that it “has previously ruled that a judgment reserving the issue of attorneys’ fees qualifies as an ‘exceptional circumstance’ to bring forth a motion for assessment of cost[s] and attorneys

Kimberly Jeanne Champagne Menard v. Tony James Menard

Louisiana Court of Appeal · Mar 11, 2020

And I’m going to put emphasis on “actual,” the word “actual” bias be established. … Vaughan-Eden as “unquestionably the most qualified child sexual abuse expert in the case.” Relying on the entirety of Dr. Vaughan-Eden’s testimony, Ms.

State v. Thompson

163 So. 3d 139 · Louisiana Court of Appeal · Mar 18, 2015

It explains that Defendant knowingly signed checks and paid benefits out of Town funds for individuals who did not qualify to receive the benefits. La. … The bill of information clearly states that Defendant was charged with three counts of malfeasance, violations of La. R.S. 14:134. In this case, La.

Teilla L. Noel v. Home Health Care 2000

Louisiana Court of Appeal · Mar 3, 2004

Noel wanted to establish such harassment she should have returned to work. … We do not find that the WCJ’s credibility calls and other factual determinations in this regard were clearly wrong. Further, the cases cited by Home Health are inapposite.

Ronald Johnson Versus River Birch, LLC; The Administrators of the Tulane Educational Fund; And, Jefferson Parish Government

Louisiana Court of Appeal · Dec 20, 2023

Lambert was not qualified to attest as to who had custody or control of the area in which the potholes are located, the Parish argued that those portions of Mr. … The documents submitted by the Parish clearly show that the potholes which the appellant alleges to have caused his accident are located within the U.S. Highway 90 right-of-way.

Pamela T. Melancon v. Meadow Brook Rehab

Louisiana Court of Appeal · Apr 7, 2004

As such, it argues, the injury was readily apparent and would not qualify for the two-year prescriptive period for delayed-onset injuries. … This is clearly outside the one-year time limit outlined for such claims in La.R.S. 6 23:1209(A).

James Jason, III v. Louisiana Municipal Risk Management Agency

Louisiana Court of Appeal · Dec 16, 2009

Partington’s testimony established that MRIs are not 100% accurate. While false positive rates for MRIs may be “small” and even “tiny,” the evidence does not establish that Dr. Williams’ interpretation of Mr. … Jason is aided in establishing his claim by a presumption of causation because the evidence establishes that he was in good health before the accident, but after the accident he began experiencing symptoms indicative of

State of Louisiana v. Wendell Bourque

Louisiana Court of Appeal · Apr 7, 2010

Monlezun was qualified as an expert in obstetrics and gynecology. … According to the Uniform Rules—Courts of Appeal, Rule 3–2, this court will not review issues raised for the first time on appeal, “unless the interest of justice clearly requires otherwise.”

Lyman L. Smith v. Packaging Corporation of America

Louisiana Court of Appeal · Nov 30, 2022

STANDARD OF REVIEW “Factual findings in workers’ compensation cases are subject to the manifest error or clearly wrong standard of appellate review. … establish that the illness is disabling.

Janell Ernst v. Dr. Flynn A. Taylor

Louisiana Court of Appeal · May 6, 2009

Clearly, Ms. Ernst’s current treatment and physical condition were discussed with Dr. Butler. As in Coutee, 895 So.2d 631, proper discovery methods were not followed, with notice given to Ms. … We find that the evidence established that it is more probable than not that Ms. Ernst suffers from RSD caused by a cast placed too tightly on her arm by Dr.

State v. Pier

530 So. 2d 1253 · Louisiana Court of Appeal · Aug 17, 1988

The defendant has the burden of establishing the defense of insanity at the time of the offense by a preponderance of the evidence. LSA-C.Cr.P. Art. 652. … Seiden was a qualified psychiatrist who was accepted as an expert by the court.

Camille Landry v. Psa of Lafayette, LLC

Louisiana Court of Appeal · Nov 7, 2012

We note that this assignment of error is specifically targeted toward the liability of PSA, which is not a qualified health care provider under the Medical Malpractice Act. … Such conclusions “can virtually never be manifestly erroneous or clearly wrong.” Id. at 845. This assignment lacks merit.