Case law

State v. Willis

915 So. 2d 365 · Louisiana Court of Appeal · Nov 2, 2005

Furthermore, the testimony of *379 the victim alone is sufficient to establish the elements of a sexual offense. Id. … The evidence was presented in an orderly manner with evidence of the prior rape being presented at the end of the trial, clearly and succinctly through two witnesses.

Darlene Morris Fair v. Steven Joseph Fair

Louisiana Court of Appeal · Jul 19, 2022

In this case, the parties' experts did not agree and the evidence clearly established that Mr. Fair did not want to sell SIS. Moreover, Mr. Fair was going to own the entire company after he acquired Ms. … The supreme court rejected that claim because the community enterprise still had to qualify as property. Id.

Brian Caskey Versus Intralox, Inc. and Travelers

Louisiana Court of Appeal · Jan 19, 2022

The employee in a workers’ compensation action has the burden of establishing a work-related accident by a preponderance of the evidence. Marange v. … He asserts that this incident qualifies as an “accident” due to the sudden onset of these symptoms. Mr.

Julie Guidry v. Coregis Ins. Co.

Louisiana Court of Appeal · Dec 29, 2004

instant case, the two attorneys admit these two elements, establishing the Plaintiffs’ prima facie case. … James Sobek The trial court qualified Plaintiffs’ witness, Mr. James Sobek, as an expert physicist and professional engineer with a specialty in human vision. Mr.

Barkerding v. Whittaker

263 So. 3d 1170 · Louisiana Court of Appeal · Dec 28, 2018

The record contains multiple written documents establishing that SmartPak, the company, was the only client. … "Clearly, prescription begins to run when a plaintiff has actual knowledge that a damaging act has occurred." Robert , 14-0822, p. 17 , 164 So.3d at 934 .

State v. Lilley

669 So. 2d 1363 · Louisiana Court of Appeal · Feb 28, 1996

In summary, the statement clearly does not qualify as a “consistent one” and may well not be the initial complaint. … The jury here found that the actions of defendant in entering the room and asking the > girl if she needed help dressing and shutting the door behind him was sufficient to establish the requisite intent and an act in furtherance

Craig Steven Arabie v. Citgo Petroleum Corporation

Louisiana Court of Appeal · Oct 27, 2010

that the finding is clearly wrong (manifestly erroneous). … In the present case, CITGO’s corporate management had the responsibility of establishing its standards and performance goals, and for reviewing, approving, and assuring adherence to established health, safety, and environmental

Kelly Doucet v. Hornet Service Company

Louisiana Court of Appeal · Nov 20, 2019

Clearly, both defendants can exculpate themselves from fault. An old and well-established rule of law states that the occurrence of an accident does not carry a presumption of negligence or fault. Henry v. … One can legitimately ask why a party would seek medical attention 175 miles away when there are qualified local physicians. This issue was the subject of a pretrial motion filed by plaintiffs.

Stephen Michael Duke" Allgood, Et Ux. v. Roch Bordelon "

Louisiana Court of Appeal · Dec 9, 2015

That court costs should be assessed against both defendants, to include court reporter invoices for videotape depositions offered at trial without objection, as well as expert witness fees for all physicians qualified … that the finding is clearly wrong (manifestly erroneous). 4 Purvis v.

Timothy Soignet in his official capacity as Sheriff v. Louisiana Tax Commission

Louisiana Court of Appeal · Jun 18, 2026

Louisiana Revised Statutes 47: 2132 clearly and unambiguously sets forth the respective roles of the assessor, the tax commission, and the tax collector in the taxpayer refund process." … When the agency statute upon which a litigant relies establishes a specific procedure for judicial review of the agency' s action, a litigant may invoke the reviewing court' s jurisdiction only by following the statutorily

State of Louisiana v. George Commeta Jacobs

Louisiana Court of Appeal · Apr 4, 2007

Long Medical Center who was qualified at trial as an expert Clinical Mental Health Social Worker, testified that V.C. was voluntarily admitted to the hospital on March 13, 2004. … Within the range of attempted coercive sexual acts, the offense in this case clearly falls among those involving a minimal use of force.

City of Thibodaux v. Louisiana Power & Light Co.

126 So. 2d 24 · Louisiana Court of Appeal · Dec 19, 1960

which specifically defines property as "immovable property, including servitudes" and, therefore, submits that the distribution system sought to be expropriated by plaintiff in this suit, together with the franchise rights, clearly … provides a gas service and is seeking to expropriate the company's electric facilities and any and all rights and privileges it may have to expropriate the same without the city, all evidence is that the city is seeking to establish

State of Louisiana, Department of Children and Family Services in the Interest of Tredell Joseph Smith, Jr. and Terrell Ja'vontae Smith Versus Tredell Joseph Smith

Louisiana Court of Appeal · Oct 13, 2022

He may need retraining to qualified [sic] for a different job. At this time he can not return to work.” The juvenile court explained to Mr. Smith and his grandmother, Linda Reeves, who was allowed to assist Mr. … Smith, but she needs to first establish his disability. When the hearing officer explained that she was merely trying to get an updated statement of Mr. Smith’s disability, Ms.

State of Louisiana v. Brandon Dale Allen

Louisiana Court of Appeal · Dec 7, 2011

He points out that William Bates, a sergeant with the Alexandria Police Department, who qualified as an expert in fingerprint analysis, affirmed that no identifiable prints were found on the packaging of the drugs or on … Moreover, it had been established that Defendant stayed with King.

Viel Olivier v. Olivier Builders

Louisiana Court of Appeal · Nov 18, 2015

The determination of whether there is a change in circumstances is a finding of fact subject to the manifest error / clearly wrong standard of review. Id. … Olivier qualified that statement, noting that on a bad day, his back sometimes hurts to the point where he has to lie down.

Laura Cox Brown v. Shelter Insurance Company

Louisiana Court of Appeal · Apr 7, 2010

Lambert impacted her vehicle—a factual scenario clearly rejected by the jury in its answer to the second interrogatory. … We find that the defendants’ reliance on Daubert is clearly without merit.

Stevens v. St. Tammany Parish Gov't

264 So. 3d 456 · Louisiana Court of Appeal · Jul 18, 2018

There was no intent on the part of the legislature to qualify, in any way, the right of access. … Again, upon our review, *465 we cannot say that these findings are manifestly erroneous or clearly wrong. Ms.

Stevens v. St. Tammany Parish Gov't

264 So. 3d 456 · Louisiana Court of Appeal · Jul 18, 2018

There was no intent on the part of the legislature to qualify, in any way, the right of access. … Again, upon our review, *465 we cannot say that these findings are manifestly erroneous or clearly wrong. Ms.

State v. Aguliar-Benitez

260 So. 3d 1247 · Louisiana Court of Appeal · Dec 10, 2018

On November 9, 2013, Ann Troy, a forensic pediatric nurse practitioner who qualified at trial as an expert in childhood emotional, physical, and sexual abuse, and the delayed disclosure of that abuse, examined E.M.P. and … The record does not clearly reflect when defendant moved into the home, nor how long he lived in the home.

Donald F. Flores, Jr. Versus David B. Campbell; New Era Information Technologies, LLC; And Glen M. Feucht

Louisiana Court of Appeal · Jul 6, 2022

Plaintiffs’ petition clearly prayed for an award of monetary damages plus interest, and plaintiffs’ counsel reiterated the request for judicial interest from the date of demand at the conclusion of trial. … App. 5 Cir. 1/22/08), 976 So.2d 738, 742-43 (finding that damages for the breach of a repair contract did not qualify for pre- judgment interest, which is reserved for actions in tort, not actions in contract).