Case law

Poirrier v. Trailmobile, Inc.

550 So. 2d 1349 · Louisiana Court of Appeal · Oct 12, 1989

At trial, plaintiff initially relied upon the expert testimony of George Pappas to establish that the trailer door was defective in design. Mr. Pappas was qualified as an expert in chemical engineering. … The maintenance of the trailer and door was clearly McLean's responsibility. Plaintiff testified that McLean had a mechanics shop which handled maintenance of the trailers.

Bankston v. Board of Ethics for Elected Officials

96 La.App. 1 Cir. 1764 · Louisiana Court of Appeal · Nov 7, 1997

Bankston’s case is that Quad Area does not qualify as a “nonpublic source” or as a “person” from whom a gift would be prohibited. Unless Quad Area qualified as nonpublic, Mr. … establishing a formula for the allocation of community service block grant funds.”

Boudreaux v. STATE, DOTD

690 So. 2d 114 · Louisiana Court of Appeal · Feb 14, 1997

Mississippi excepted to the lack of subject matter and in personam jurisdiction, based on the eleventh amendment to the United States Constitution and Mississippi's sovereign immunity. … Alim Hannoura, a professor and director of engineering and applied sciences at the University of New Orleans, who qualified as an expert in the area of hydrology, having special expertise in the analysis of numerical data

Cole Oil & Tire Co., Inc. v. Davis

567 So. 2d 122 · Louisiana Court of Appeal · Aug 22, 1990

Boss Oil's invoices, Cole's testimony regarding them, and portions of the Cole Oil statement clearly were hearsay or were founded on hearsay. … Cole simply was not the qualified witness that is necessary to establish the C.E. 803(6) business records exclusion in these respects: Boss Oil invoices.

Graham v. Maryland Casualty Company

230 So. 2d 264 · Louisiana Court of Appeal · Dec 22, 1969

However, a contract for insurance clearly expressed is the law between the parties. … The various types of coverages are clearly set forth.

Succession of Brierre

19 La. App. 400 · Louisiana Court of Appeal · Jul 1, 1931

Counsel for the bank, on the other hand, contend, that the decision in the Deshotels case qualifies and partly changes the rule established in the prior decisions with relation to the extent of the right of a tutor to administer … a succession without qualifying as an administrator.

Ezell v. General Motors Corp.

446 So. 2d 954 · Louisiana Court of Appeal · Mar 7, 1984

The issue on appeal is whether plaintiff carried his burden of proof in establishing the existence of a defect. … The trial judge qualified Bottiglia, not only as an expert in mechanical engineering, but also as an expert in the cause and origin of fires.

Berard v. Lemoine Co., LLC

15 La.App. 3 Cir. 152 · Louisiana Court of Appeal · Jul 8, 2015

The Louisiana Act expressly extends the employer’s | r,compensation obligation and its corresponding tort immunity to “principals.” … Morial-New Orleans Exhibition Hall Authority, 02-1072 (La.4/9/03), 842 So.2d 373 , wherein the court stated: A careful reading of the above statutes, especially the highlighted language, reveals that the Louisiana legislature clearly

Hood v. Cotter

978 So. 2d 988 · Louisiana Court of Appeal · Apr 18, 2008

Thus, to be qualified, Dr. … Cotter, M.D., or that the record fails to establish that the former healthcare provider was not a qualified provider under the Louisiana Medical Malpractice Act (MMA). [1] I would reverse the trial court's denial of LAMMICO's

Daigre v. International Truck & Engine Corp.

2010 La.App. 4 Cir. 1239 · Louisiana Court of Appeal · May 5, 2011

R.S. 9:2800.4 is an exceptional immunity statute, and, therefore, it must be strictly construed against immunity and in favor of general notions of tort liability under La. C.C. art. 2315. Weber v. … First, it will not be applied to “supplant the Code of Civil Procedure provision which clearly permits a reconsideration of the overruling of peremptory exceptions.” Babineaux v.

Patout v. Underwriters at Lloyd's

16 La.App. 3 Cir. 879 · Louisiana Court of Appeal · Mar 1, 2017

The first Louisiana case that clearly adopted the doctrine of contributory negligence was Fleytas v. … The LPLA “establishes the exclusive theories of liability for manufacturers for damage caused by their products.

Heirs of Primeaux v. Erath Sugar Co., Ltd.

484 So. 2d 717 · Louisiana Court of Appeal · Feb 20, 1986

The conditions clearly do not involve a buying back and, therefore, cannot be construed as a right of redemption. … A reading of the entire instrument in question clearly reflects that the parties intended to establish a conventional predial servitude containing a resolutory condition with an expressed reversionary clause.

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

2001 La.App. 1 Cir. 2668 · Louisiana Court of Appeal · Nov 8, 2002

or establish that the majority of their opinions were scientifically unreliable. … That is, the trier of fact’s findings may be set aside only if found to be clearly or manifestly wrong. See Snearl v.

Charles Lee Gray, Arthur Leonard Sealy, III, and Paul Edward Peek, Sr. v. Jason Trevor Brown

Louisiana Court of Appeal · Aug 27, 2019

A qualified elector may bring an action objecting to the candidacy of a person who qualified as a candidate in a primary election for an office in which the plaintiff is qualified to vote. La. R.S. 18:1401(A). … that the fact finder is clearly wrong or manifestly erroneous.

Grayson v. RB Ammon and Associates, Inc.

778 So. 2d 1 · Louisiana Court of Appeal · Nov 3, 2000

Thus, while this court in Green did not specifically set forth the burden of proof required to establish the existence of a single business enterprise, we clearly associated the "single business enterprise" theory with the … including immunity as provided by LSA-R.S. 23:1032 of the workers' compensation law.

State Ex Rel. Guste v. Audubon Park Commission

320 So. 2d 291 · Louisiana Court of Appeal · Oct 9, 1975

Orleans which act provided for the repeal of any laws in conflict with it and clearly establishes that whatever may be the status of the Valentine Merz Memorial Zoo situated on 10.4 acres of Audubon Park that the Audubon … established by the act.

Delcambre v. Blood Systems, Inc.

866 So. 2d 352 · Louisiana Court of Appeal · Feb 4, 2004

Thus, under La.R.S. 40:1299.41(A)(1), BSI is a qualified healthcare provider and any claims for malpractice would be governed by the MMA. … establishes that Mr.

Ozen v. Abraham

566 So. 2d 1048 · Louisiana Court of Appeal · Aug 20, 1990

The sole issue presented by the appeal is whether the defendant is qualified to be a candidate for the public office he seeks. … For these reasons, we do not find that the trial court was manifestly in error or clearly wrong in finding that defendant was not qualified by law to be a candidate for the St. Martin Parish School Board for District 7.

Odom v. City of Lake Charles

790 So. 2d 51 · Louisiana Court of Appeal · Jan 31, 2001

The supreme court found that the trial court was not clearly wrong in its allocation of fault of 75% to the DOTD. … The parties stipulated to the life care plan which established the future medical care needs and costs.

Didier v. Fasola

597 So. 2d 450 · Louisiana Court of Appeal · Aug 8, 1991

Although the record does not clearly indicate when Ms. Didier provided security, Mr. Fasola answered, denying paternity of the minor child. Pursuant to LSA-R.S. 9:396, blood tests were ordered for Ms. … Their reliability as an indicator of the truth has been fully established." Little, 101 S.Ct. at 2207 .