Case law

Buras v. United Gas Pipeline Co.

598 So. 2d 397 · Louisiana Court of Appeal · Mar 31, 1992

Appellant argues that the property in the instant case is remote, undeveloped and non-residential so as to qualify for the statutory immunity. … At trial, plaintiff introduced the testimony of Sonny Starns who was qualified by the court in the field of pipeline construction, maintenance and safety.

Saine v. City of Scott

819 So. 2d 496 · Louisiana Court of Appeal · Jun 12, 2002

After thorough review of the record, we cannot say the trial court's findings were clearly wrong or unreasonable. … The suit was removed to federal court and later dismissed on grounds of qualified immunity. The negligence claim was re-filed in state court, ensuing into the current proceedings.

Justin Irwin v. John Bradley Brent

Louisiana Court of Appeal · Jul 19, 2024

The Landry case explained that when the defendant does not enjoy any qualifying privilege or immunity, the courts must perform a comparative fault analysis. … Only when it is established that a defendant’s retaliatory force was unreasonable and not qualifying for a defense or immunity, would a comparative fault analysis be required.

Lopez v. US Sprint Communications Co.

973 So. 2d 819 · Louisiana Court of Appeal · Dec 5, 2007

The plaintiffs also aver that the district court misapplied the theory of immunity from tort liability. … In the matter sub judice, Sprint has shown an absence of factual support for the plaintiffs' claim of tort liability and has established immunity pursuant to the statutory employer defense.

Stein v. City of Gretna

250 So. 3d 330 · Louisiana Court of Appeal · May 30, 2018

Stein alleges the trial court erred by: 1) finding that Gretna and its employees qualified for limited immunity pursuant to La. … R.S. 37:1732(C) in order to qualify for immunity. Accordingly, we find the trial court erred in qualifying Ms. Kerns for the immunity provided under La.

Wood v. State ex rel. Department of Wildlife & Fisheries

989 So. 2d 280 · Louisiana Court of Appeal · Aug 13, 2008

Furthermore, he has never been qualified as an expert in any Louisiana court. … was not entitled to immunity under La.

Sinclair v. State, Louisiana Department of Public Safety and Corrections

769 So. 2d 1270 · Louisiana Court of Appeal · Nov 3, 2000

But the alternative of qualifying a prosecutor's immunity would disserve the broader public interest. … The court stated clearly that it felt that Mr. Brooks was acting as an "advocate of the state" at all times and in all actions he undertook in regard to Mr. Sinclair's case.

Jackson v. St. Paul Ins. Co.

897 So. 2d 684 · Louisiana Court of Appeal · Dec 17, 2004

(emphasis added). [1] Although the 1976 version of Louisiana R.S. 23:1061 mirrored the section 1032 language defining a principal, neither clearly defined "trade, business or occupation." … However, Gulf Liquids established that a written contract existed between it and the primary contractor, Gulsby Engineering, Inc., which recognized Gulf Liquids as a statutory employer. Thus, pursuant to La.

Richard v. BD. OF SUPER. OF LA. STATE UNIV.

960 So. 2d 953 · Louisiana Court of Appeal · Mar 28, 2007

Richard's claims had prescribed, were moot, were barred by LSU's Eleventh Amendment immunity, were barred by Ms. Rogé's qualified immunity, and that the reason for Ms. … If the court determines that the law was clearly established at the time the action occurred, the Harlow analysis requires the public official claiming immunity to show that, because of extraordinary circumstances, "he neither

Fisher v. Catahoula Parish Police Jury

14 La.App. 3 Cir. 1034 · Louisiana Court of Appeal · Apr 29, 2015

This conflict within article 966 raises the question of whether these two exhibits should be considered at all; clearly, before Act 391, they would not have been. The affidavits of Mr. Fisher and Mr. … The insurance adjuster is not even named, much less shown to be qualified to express such opinions.

Gregor v. Argenot Great Central Ins. Co.

817 So. 2d 152 · Louisiana Court of Appeal · Jun 21, 2002

If the employee has a choice as to appropriate conduct, there is no immunity. … This argument is a veiled attempt to apply the qualified immunity adopted in LSA-R.S. 9:2798.1. [3] DHH has attached a copy of this article from the university's web site.

Connolly v. Stone

1 La.App. 5 Cir. 929 · Louisiana Court of Appeal · Jan 15, 2002

The court in Fama addressed the issue of qualified immunity of communications made by employers about an employee, and held that the protection afforded an employer by the defense of qualified privilege may be raised in a … Black’s Law Dictionary, Fifth Edition, defines the term “testify” to mean, “to make a solemn declaration, under oath or affirmation, in a judicial inquiry, for the purpose of establishing or proving some fact.”

Sanchez v. CANEZARO

11 So. 3d 1246 · Louisiana Court of Appeal · Jun 19, 2009

The evidence clearly shows that Chief Gueho neither witnessed Boyd Sanchez operating the bike on the day of the accident nor did he even know that Boyd was on a bicycle that day. … Moreover, the evidence in the record supports a finding that Chief Gueho and the Village of Fordoche qualify for the statutory immunity afforded by La. R.S. 9:2798.1. Mr.

Kyser v. Metro Ambulance, Inc.

764 So. 2d 215 · Louisiana Court of Appeal · Jun 21, 2000

We must determine whether the limitation on liability established in La. … R.S. 13:3715.3(C), which granted qualified immunity to peer review committee members. The court of appeal reversed.

State v. Johnson

558 So. 2d 325 · Louisiana Court of Appeal · Mar 14, 1990

testimony must be clearly exculpatory; (4) The testimony must be essential; and (5) There must be no strong governmental interests which countervail against a grant of immunity. … Defendant has clearly not met the third prerequisite; the proffered testimony *330 is not clearly exculpatory.

Lee v. Quinn

229 So. 3d 13 · Louisiana Court of Appeal · Sep 15, 2017

R.S. 40:1231.1, et seq., and was entitled to immunities from liability and limitations of liability as a qualified healthcare provider. … Boudreaux maintained that he was a qualified health care provider pursuant to Louisiana law and was entitled to immunities from liability and limitations of liability as a qualified healthcare provider, and that he possessed

Austin v. Abney Mills, Inc.

785 So. 2d 177 · Louisiana Court of Appeal · Apr 4, 2001

R.S. 23:1032 (the worker's compensation immunity provisions). … R.S. 23:1032 to extend the employer's tort immunity to executive officers.

Touchton v. Kroger Company

512 So. 2d 520 · Louisiana Court of Appeal · Jun 26, 1987

The cases clearly state that the elements of a cause of action for false arrest against a police officer include the detention of the plaintiff and the unlawfulness of that detention. … The Court concluded that such officers are only qualifiedly immune, stating that the qualified immunity accorded an officer whose request for a warrant allegedly caused an unconstitutinal arrest is defined by the same standard

Alfano v. Lafayette City-Parish Consolidated Government

9 La.App. 3 Cir. 1428 · Louisiana Court of Appeal · Jun 30, 2010

Finding that exercise of discretion entitled Officer Menard and LCG to qualified immunity, the trial court granted the motion for summary judgment. … The court in White held the investigating officer had complied with La.R.S. 32:398(D) because he conducted his investigation and obtained the information from the parties actually involved in the accident, and it was clearly

Gautreau v. Washington

672 So. 2d 262 · Louisiana Court of Appeal · Apr 4, 1996

The legislature clearly envisioned that this immunity would be provided not only to equine professionals and equine sponsors but also other persons. … Clearly, if this privilege of immunity is not *266 extended to participants, then participants would undoubtedly be reluctant to continue to participate in equine activities.