Case law

Sherman v. Touro Infirmary Hospital

2000 La.App. 4 Cir. 1365 · Louisiana Court of Appeal · Oct 30, 2002

In Lovell , the Supreme Court declared that “[o]ur decision establishes a new principle of law by overruling clear past precedent on which litigants have relied.” 378 So.2d at 422 . … Kingsley, 289 So.2d 88 (La.1974), overruling doctrine of charitable immunity, should operate prospectively only.)); Charles v.

Williams v. Jackson Parish Hosp.

729 So. 2d 620 · Louisiana Court of Appeal · Jan 13, 1999

The PCF notified the plaintiff that Jackson Parish Hospital was a qualified health care provider but that Lifeshare Blood Center was not qualified and that the plaintiff had until June 30, 1997 to file suit against the blood … Thus, amendments to the statutes after the date of the transfusion, which granted physicians, hospitals and blood banks immunity from strict tort liability for blood transfusions which result in the transmission of a viral

Richardson v. Cotter

245 So. 3d 136 · Louisiana Court of Appeal · Sep 27, 2017

He then expressed first his hope that what he did would qualify as the standard of care. … Gordon's deposition testimony clearly established that Richardson presented to him with much different symptoms (notably, a positive straight leg raise and a history of fever and night sweats during the previous week) than

State of Louisiana v. Darius Tyrese Persley

Louisiana Court of Appeal · Dec 17, 2025

The record clearly refutes this contention. … Clearly, the defendant cannot be allowed to take advantage of his co- defendant’s favorable statement, then cry “foul” that the prosecution had to do damage control in its rebuttal.

Autin v. United Diesel, Inc.

673 So. 2d 316 · Louisiana Court of Appeal · Apr 30, 1996

United also filed a motion for summary judgment, asserting that United, as the statutory employer of Autin, was immune from tort liability. … It is well settled that the granting of summary judgment is proper only when the pleadings, depositions, answers to the interrogatories, and admissions on file, together with affidavits, if any, establish that there is no

Karen Carter Peterson v. Allen Helwick Borne, Jr., Kyle Ardoin, in His Official Capacity as the Secretary of State, and C. Arthur Morrell, in His Official Capacity as the Chief Election Officer for Orleans Parish

Louisiana Court of Appeal · Aug 22, 2019

R.S.18:463(A)(4) was arguably committed.6 A proper review by the deputy clerk of the First Notice when it was deposited and received by the deputy clerk clearly indicated that Defendant authorized Agent to file the First … The plaintiff was entitled to establish his action before the court by extrinsic evidence…”); Borning v. Bush, 517 So.2d 183, 184 (La. App. 1st Cir. 1987); Acosta v. Hepplewhite Home, Inc., 450 So.2d 770, 773 (La.

Montgomery v. Administrators of the Tulane Educational Fund

2009 La.App. 4 Cir. 1670 · Louisiana Court of Appeal · Oct 13, 2010

The donations were clearly conditional — conditioned that the monies go for the use of a college to be known as the “H. Sophie Newcomb Memorial College.” … Collectively, these actions clearly indicate the Tulane Board for over 100 years recognized, understood, and accepted the conditions imposed by Mrs.

In re Medical Review Panel Proceeding of Benjamin

14 La.App. 5 Cir. 192 · Louisiana Court of Appeal · Nov 25, 2014

Cg) The filing fee of one hundred dollars per named defendant qualified under this Part shall be applicable in the event that a claimant identifies additional qualified health care providers as defendants. … To the contrary, the statute clearly states that the fees must be paid, or an informa 'pauperis ruling must be | (¡received, within 45 days from the mailing date of the confirmation. 1 See Igwike v.

Reeves v. Johnson

824 So. 2d 1277 · Louisiana Court of Appeal · Sep 11, 2002

Johnson was not qualified for two reasons. … The evidence clearly shows that Johnson evidenced her subjective intent to continue to maintain Winn parish as a residence.

Farr v. Riscorp

714 So. 2d 20 · Louisiana Court of Appeal · Apr 8, 1998

Cigna to support the argument that she is immune from tort claims. We agree. … The approved methods for obtaining information ordinarily protected by the health care provider-patient privilege are clearly restricted by La.

Trahan v. Asphalt Associates, Inc.

800 So. 2d 18 · Louisiana Court of Appeal · Oct 17, 2001

This factual finding is not clearly wrong. However, the jury's allocation of fault between the three participants was clearly wrong. … 27 We recognize the Gauthier ratio approach has not been extended outside of the worker's compensation-statutory immunity setting.

STATE, DEPT. OF TRANSPORTATION & DEV. v. Sugarland Ventures, Inc.

476 So. 2d 970 · Louisiana Court of Appeal · Oct 8, 1985

It has become obvious in the ten years since the 1974 constitution became effective that the waiver of sovereign immunity from suit and liability of Art. 12, Sec. 10(A) is, in reality, only a waiver of immunity from suit. … Such is clearly not the case here.

Hebert v. Louisiana Licensed Professional Vocational Rehabilitation Counselors

7 La.App. 3 Cir. 610 · Louisiana Court of Appeal · Jan 23, 2008

Arceneaux urges, however, he is immune from suit and is entitled to rely on La.Code Civ.P. art. 971 in seeking to strike Mr. Hebert’s petition. First, we find Mr. … Hebert of his free speech right to express his opinion regarding a matter he is uniquely qualified to speak upon. We acknowledge the Board has an interest in promoting camaraderie among professional counselors.

State v. Taylor

495 So. 2d 996 · Louisiana Court of Appeal · Oct 8, 1986

The record clearly demonstrates that no contract was ever made. … First, the record established that the contract to sell the automobile was never approved by the sales manager as the printed contract form used in this transaction required.

Lavalais v. State ex rel. Department of Transportation & Development

9 La.App. 3 Cir. 662 · Louisiana Court of Appeal · Dec 9, 2009

[t]he appellate court must further determine that the record establishes that the finding is not clearly wrong (manifestly erroneous). Mart v. Hill, 505 So.2d 1120, 1127 (La.1987) (quoting Arceneaux v. … Therefore, we find that the trial court’s decision in this case was manifestly erroneous and clearly wrong.

Labit v. DH Holmes Co., Ltd.

721 So. 2d 933 · Louisiana Court of Appeal · Oct 14, 1998

C.C.P. art. 1811 governs judgments notwithstanding the verdict but fails to establish grounds upon which the trial court may grant a motion for JNOV. Such criteria has been established by Louisiana jurisprudence. … These standards were clearly explained in the case of Morehead v.

Gorham v. Gorham

2009 La.App. 1 Cir. 1118 · Louisiana Court of Appeal · Dec 23, 2009

While ERISA generally preempts Louisiana community property law, ERISA provides an exception to that preemption where an ex-spouse has a qualified domestic relations order, or “QDRO,” establishing his or her claim to these … This statutory language clearly provides for the payment to be made according to the account agreement. Minvielle v.

Kampmann v. Mason

8 La.App. 5 Cir. 508 · Louisiana Court of Appeal · Jan 13, 2009

The District Court was manifestly erroneous in granting a non health care provider the opportunity to bootleg into the immunities and advantages intended for and extended solely to health care providers. 2. … So long as a medical malpractice suit is timely filed as to a qualified health care provider, it will be timely filed as to a non-qualified health care provider if they are joint or solidary obligors. Williams v.

Mathieu v. Imperial Toy Corp.

632 So. 2d 375 · Louisiana Court of Appeal · Jan 13, 1994

GOVERNMENTAL IMMUNITY The City submits that police officers must exercise discretion in the performance of their duties and because a permissible policy judgment was made in this case, the City is immune from liability under … The evidence clearly establishes that Mr. Mathieu was delusional and unable to distinguish right from wrong at the time of this incident, therefore legal fault on his part was not established. Fields v.

Slaughter v. Georgia Casualty & Surety Co.

415 So. 2d 312 · Louisiana Court of Appeal · May 10, 1982

The material facts are clearly established by the allegations of plaintiff’s petition and the depositions of plaintiff, Knox, the driver of the Knox truck, the president of Burns Forest Products, Inc. and a Burns forester … It having been determined that Knox was an employee of the principal and thereby immune from tort liability under the specific provisions of LSA-R.S. 23:1032, it is unnecessary to consider whether the immunity would extend