Case law

TERREBONNE SCHOOL BD. v. Southdown, Inc.

887 So. 2d 8 · Louisiana Court of Appeal · Jul 14, 2004

A court of appeal may not overturn a judgment of a trial court absent an error of law or a factual finding that is manifestly erroneous or clearly wrong. See Stobart v. … I agree with the holding of the majority that the state's constitutional immunity does not apply in this case.

Crowe v. La., LLC

241 So. 3d 325 · Louisiana Court of Appeal · Feb 17, 2017

R.S. 47:301(10)(u) clearly and unambiguously excludes from local taxation the sales of tangible property made "under the provisions of Medicare"; and La. … The Sheriff established that ABC was unable to produce evidence from which to calculate the value of sales excluded from local taxation under La.

Nolan v. S & W Steel Fabricators, Inc.

600 So. 2d 929 · Louisiana Court of Appeal · May 29, 1992

Alternatively, they argue that, under LSA-R.S. 9:2771, they are immune from liability. … In the case of S & W, this argument is clearly without merit.

Webb-Goodwin v. Butler

869 So. 2d 228 · Louisiana Court of Appeal · Feb 23, 2004

For this reason, the district court committed manifest error, or was clearly wrong, in not granting petitioner relief. … The conclusion reached by the trial court is technically neither manifestly erroneous nor clearly wrong on the issue of whether Ms.

Noveh v. Broadway, Inc.

673 So. 2d 349 · Louisiana Court of Appeal · May 10, 1996

Jurisprudence clearly establishes that the appropriate standard of review of factual findings in workers' compensation cases is the "manifest error—clearly wrong" standard. Alexander v. … The evidence establishes that Noveh was able to work, albeit with restrictions, following her injury, as is evidenced by her return to work at K Bar B until January of 1993, and by her working as a telemarketer until August

Putzeys v. Schreiber

576 So. 2d 563 · Louisiana Court of Appeal · Feb 28, 1991

Rollins qualified as self-insured under La.R.S. 32:1042 and obtained a certificate of self-insurance for the first $250,000 in liability. Rollins rejected U/M coverage under the National Union policy. Mr. … Since the amendment does not establish new rights or obligations but merely clarifies existing law, it is retroactive. The judgment is affirmed.

State v. Hurst

828 So. 2d 1165 · Louisiana Court of Appeal · Sep 25, 2002

The record contains portions of a police report stamped by the court December 22, 1999, which clearly sets out that the videotape existed. … The minute entry of October 29, 1999 establishes that the State filed a copy of the police report. A State answer to discovery on December 22, 1999 establishes that the State referred the defense to crime lab reports.

Branch v. Willis-Knighton Medical Center

607 So. 2d 883 · Louisiana Court of Appeal · Oct 28, 1992

La.Civ.Code art. 2322.1, purporting to provide immunity to health care providers from certain strict liability, was added in 1981. … Clearly, the Legislature did not intend to include liability for all defective things in the custody of the provider which caused injury to a patient.

Petit v. Ducote

253 So. 3d 252 · Louisiana Court of Appeal · Aug 6, 2018

Appellate courts review a trial court's findings of fact under the manifest error or clearly wrong standard. Nixon v. Hughes , 15-1036 (La. App. 4 Cir. 9/29/15), 176 So.3d 1135 , 1137. … Petit did establish a prima facie case that Mr. Ducote is domiciled in Pennsylvania, Mr.

Lee Mallahan, III v. Eric Guevara

Louisiana Court of Appeal · Sep 27, 2023

Furthermore, the policies clearly intend to provide liability coverage for persons actually using covered vehicles in the course and scope of their work for Tadpole. … As a result, Mallahan failed to establish a genuine issue of material fact or that Employers Mutual was not entitled to judgment as a matter of law.

Dobson v. Louisiana Power & Light Co.

550 So. 2d 1334 · Louisiana Court of Appeal · Oct 11, 1989

According to the standards of the National Arborist Association, only qualified line-clearance tree trimmers are qualified to work within ten feet from energized conductors; non-line clearance tree trimmers are required to … Plaintiff clearly failed to do so. After careful review of the record we find that trial court was clearly wrong in determining decedent was not negligent.

Alvarez v. Southeast Commercial Cleaning, LLC

13 La.App. 3 Cir. 657 · Louisiana Court of Appeal · Feb 26, 2014

While the incident report states that it was printed at 4:48 p.m. on January 31, 2011, the printing date clearly does not establish that the accident occurred on 112that date. … Thus, defendants established that the videotape accurately depicts the accident. Second, the videotape tends to establish a fact for purposes of defendants’ exceptions.

Winn-Dixie Louisiana v. HCA Management Services, L.P.

2010 La.App. 1 Cir. 2205 · Louisiana Court of Appeal · Jun 10, 2011

Hospitalizations for acquired immune deficiency syndrome, acute myocardial infarction, and severe burns are considered “automatic outliers” and are reimbursed at 85% of the billed hospital charges. L.A.C. 40:2519(A). … At the trial before the OWCA, the burden of proving outlier status so as to qualify for payments in addition to the surgical per diem — i.e., reimbursement at the rate of 85% of the billed charges — was with Lakeview (and

Conerly v. State

858 So. 2d 636 · Louisiana Court of Appeal · Jun 27, 2003

The period of limitation contained in LSA-R.S. 49:112 clearly has some aspects of a peremptive period. … After reviewing the record, we cannot say the trial court's finding is manifestly erroneous or clearly wrong.

Driscoll v. Stucker

865 So. 2d 328 · Louisiana Court of Appeal · Feb 4, 2004

The first step in addressing any claim of immunity under La. … R.S. 13:3715.3 immunity from liability for damages sustained by Dr. Driscoll. 2 | (¡Defendants next contend that Dr.

Magee v. Landrieu

653 So. 2d 62 · Louisiana Court of Appeal · Mar 17, 1995

Applying the first factor, we determine whether Chamberlain and Rick were decisions of first impression whose resolutions were not clearly foreshadowed. … Section 10(A) abolished sovereign immunity and recognized the right of an individual to sue and collect damages from the state.

Taylor v. Town of Arcadia

519 So. 2d 303 · Louisiana Court of Appeal · Jan 20, 1988

The statement, "... you are going to like the food in Angola" clearly qualifies as defamatory per se, (i.e. defamatory by its very nature, without the aid of extrinsic proof) and the law presumes it was made with malice. … Therefore, plaintiff successfully established four of the five essential elements for a cause of action in defamation with respect to this statement. However, the final element, resulting injury, was not established.

State v. Lewis

654 So. 2d 761 · Louisiana Court of Appeal · Apr 13, 1995

The trial judge declined to qualify Ms. … The application never clearly presents the true issue of whether Ms. Montgomery is qualified as an expert in DNA analysis and testing and whether the trial court committed manifest *765 error in refusing to qualify Ms.

Jennings v. Louisiana & Southern Life Insurance Co.

280 So. 2d 297 · Louisiana Court of Appeal · Jun 20, 1973

It expressly provides for a qualified or conditional coverage of the named insured only. … Such a construction, we believe, would do violence to what appears to be the clearly expressed intent of the contracting parties.

Thomas v. City of Monroe Louisiana

833 So. 2d 1282 · Louisiana Court of Appeal · Dec 18, 2002

He also stated the report was obtained pursuant to an established policy of reporting matters on file as a matter of public record. … As used in this Article, the following terms shall have the meanings ascribed to them below, unless the context clearly indicates otherwise: (1) "Act in furtherance of a person's right of petition or free speech under the