Case law

Chaney v. Travelers Insurance Co.

238 So. 2d 847 · Louisiana Court of Appeal · Jun 30, 1970

It appears the owner need only establish causal relationship between the damage and the construction activity on a public project. This is but a reiteration of the well established rule applied in Kendall v. … The cases do not establish a rule of general immunity for public agencies with respect to construction of public works.

Vangraff, Inc. v. McCearley

314 So. 2d 483 · Louisiana Court of Appeal · Sep 26, 1975

The fourteenth amendment of the United States Constitution states as follows: "No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State … The intention of the proprietor to establish a servitude must clearly appear from the title document. Noel Estate v. Kansas City Southern & Gulf Ry. Co., 187 La. 717 , 175 So. 468 ; Clark v.

Smith v. Louisiana Department of Corrections

618 So. 2d 1065 · Louisiana Court of Appeal · Apr 23, 1993

The testimony of the vocational rehabilitation expert established that there were two available jobs out of the ten possible jobs for which the plaintiff would be qualified, and that the plaintiff was entitled to reemployment … Breaud’s testimony clearly indicates that the degree of fear which the plaintiff was displaying was medically unfounded.

State v. Lard

459 So. 2d 1189 · Louisiana Court of Appeal · Sep 28, 1984

A confidential informant may provide adequate information to establish probable cause for a warrantless arrest, so long as the totality of the circumstances establish a basis both for the information and the informant's reliability … Whether a witness is qualified *1193 as an expert is within the sound discretion of the Trial Judge, whose ruling that a witness is qualified as an expert will not be reversed unless it is clearly wrong.

Ragas v. Hingle

2013 La.App. 4 Cir. 1577 · Louisiana Court of Appeal · Jul 9, 2014

DISCUSSION On appeal, the plaintiffs raise the following lone assignment of error: “[t]he Judge was clearly biased, had obviously pre-judged the matter, did not conduct a fair trial and was clearly wrong in granting the motions … Due to their lack of credibility, the plaintiffs would not be able to establish their case by a preponderance of the evidence.

Covington v. Southern Specialty Sales Company

158 So. 2d 79 · Louisiana Court of Appeal · Nov 12, 1963

The corporation has never *88 qualified to do business in Louisiana and has not designated an agent for service of process upon it in this state. … Those restrictions are more than a guarantee of immunity from inconvenient or distant litigation. They are a consequence of territorial limitations on the power of the respective States.

French v. Claiborne Parish Police Jury

251 So. 3d 571 · Louisiana Court of Appeal · Jun 27, 2018

On November 21, 2015, the Police Jury filed a motion for summary judgment asserting that it was immune from liability under La. R.S. 15:708. … The inmates were evaluated to determine if they were qualified to work an outside job as a trusty. The Police Jury used only inmates to operate the tractors while bush hogging.

Byargeon v. Concordia Chamber of Commerce, Inc.

15 La.App. 3 Cir. 900 · Louisiana Court of Appeal · Mar 16, 2016

The statute does not create an unqualified immunity against negligent acts perpetrated by any member of an unincorporated association. … The deputies were Clearly acting in á law-enforcement capacity in providing traffic control for the private *373 event.

Doe v. McNulty

630 So. 2d 825 · Louisiana Court of Appeal · Dec 3, 1993

The virus weakened her immune system, allowing the development of opportunistic infections. … We conclude that the jury's finding of fact on this issue was not clearly wrong. Furthermore, our review of the record leads us to conclude that the jury's conclusion was a reasonable one.

Ivy Dixon v. Louisiana State Police, State of Louisiana, Through the Department of Public Safety and Corrections, Colonel Kevin W. Reeves, in His Capacity as the Superintendent of Louisiana State Police, and Helen Elizabeth Delatte

Louisiana Court of Appeal · Mar 2, 2022

R.S. 32:24, the Louisiana emergency vehicle immunity statute. … Jones’ expert report—established the absence of evidence to establish reckless disregard on Officer Delatte’s part. We agree.

Moore v. St. Paul Fire & Marine Insurance Co.

395 So. 2d 838 · Louisiana Court of Appeal · Jan 26, 1981

This is clearly established by the evidence and mandates the conclusion Dr. … The record substantiates a reasonable factual basis for the findings of the trial court and establishes its finding is not clearly wrong.

Tomas v. Conco Food Distributors

97 La.App. 3 Cir. 426 · Louisiana Court of Appeal · Oct 22, 1997

Tomas insists a careful analysis of Sibley clearly demonstrates La. … If Tomas can establish the elements of a tort claim, there is nothing stopping him from pursuing a negligence action in the proper district court.

State v. Williams

632 So. 2d 351 · Louisiana Court of Appeal · Dec 29, 1993

, it failed to remove spousal immunity from La.R.S. 14:43 (the simple rape statute) or La. … Although there was no medical, scientific or physical evidence to establish the requisite element of penetration for aggravated rape, the testimony of the victim established that (despite defendant's inability to maintain

Cox v. City of New Orleans

250 So. 2d 47 · Louisiana Court of Appeal · May 14, 1971

The rationale of the Phoenix 1 decision is clearly apposite to the circumstances surrounding the instant case and as such is controlling. … Clearly, such a holding would not be justified.

Tritico v. Board of Commissioners

134 So. 2d 401 · Louisiana Court of Appeal · Nov 10, 1961

Shushan, 206 La. 415 , 19 So.2d 185 , both of which cases apply the well established rule of law found stated in 50 Am.Jur. 367, Sec. 363 as follows: “Harmonizing Statutes and Parts of Sections. — Consistency in statutes … and qualified by the succeeding executive.”

Strawitz v. Town of Marksville

77 So. 2d 597 · Louisiana Court of Appeal · Jan 4, 1955

established by the constitution or laws of this state.” … In this case it is quite certain that no successor has been either duly elected or appointed, much less qualified, and it follows that Charles L.

Moffitt v. Sewerage & Water Board of New Orleans

2009 La.App. 4 Cir. 1596 · Louisiana Court of Appeal · May 19, 2010

that the finding is clearly wrong. … Article 2317 is also qualified particularly as to public entities such as the NOS & WB by La. R.S. 9:2800, which provides in pertinent part: A.

Jackson v. Brown

136 So. 2d 329 · Louisiana Court of Appeal · Dec 27, 1961

These findings and conclusions were that plaintiff did not qualify for the receipt of unemployment compensation benefits of her discharge from her employment by reason of insubordination constituting misconduct, as defined … The charges of misconduct by reason of insubordination are clearly supported and established by the evidence.

Lestage v. Harris

261 So. 3d 12 · Louisiana Court of Appeal · Nov 8, 2018

The City Charter of the City of DeRidder clearly establishes a continuing obligation on a council member at-large to maintain his domicile in, and actually reside in, the City of DeRidder. Although Mr. … Further, a change in domicile for the purposes of qualifying for public office occurs when there is a change in actual residence accompanied by an intention to make a new principal establishment or home.

Orozco v. Aries Building Systems, Inc.

2016 La.App. 4 Cir. 0187 · Louisiana Court of Appeal · Sep 28, 2016

We next turn to the question of whether Decedent qualified as an employee under the Louisiana Workers’ Compensation Act. … [n“An alleged employer can rebut this presumption by either (i) establishing that the services were not ‘pursuant to any trade, business, or occupation (e.g., construction of one’s private residence);’ or (ii) establishing