Case law

Marino v. BOH BROS. CONST. CO., LLC

982 So. 2d 887 · Louisiana Court of Appeal · Apr 2, 2008

In its report, OSHA cited 29 C.F.R. § 1926.753 (d)(2)(iii) which provides that when working under suspended loads, all loads shall be rigged by a qualified rigger. … Boh Bros. may have been negligent, as the OSHA citation suggests, but it still receives statutory immunity from La.

Monica Sebble on Behalf of the Estate of Vivian Lee Brown (D) v. St. Luke's 2, LLC D/B/A St. Luke Living Center; Wound Care Associates, LLC; And Bridgepoint Healthcare La, LLC D/B/A Bridgepoint Continuing Care Hospital

Louisiana Court of Appeal · Mar 6, 2023

R.S. 29:771 reflects that the legislators fully intended this to be an immunity statute.25 La R.S. 29:771(B)(1) clearly delineates 25 At the time of the alleged malpractice, La R.S. 29:771 provided, in pertinent part: … Rather, Bridgepoint may assert the qualified immunity found in La.

Neuburger v. State ex rel. State Department of Highways

162 So. 2d 183 · Louisiana Court of Appeal · Mar 2, 1964

Whether the person so authorized qualifies as “tutor” or “administrator” should make no difference. … A motorist, travelling by night, is not required to guard against striking an unexpected or unusual obstruction *186 which he could not anticipate would be encountered on the highway, unless the same were clearly marked,

Thorne v. Jones

585 F. Supp. 910 · District Court, M.D. Louisiana · Apr 4, 1984

Defendants have pleaded the qualified immunity defense. For reasons stated under the discussion of Mr. Thorne’s case, infra, defendants have not established that defense. … Consequently, the defendants have not established the qualified immunity defense in either case. The verdict in favor of Mr. Thorne cannot be the subject of judgment notwithstanding the verdict.

Walls v. State

670 So. 2d 382 · Louisiana Court of Appeal · Jan 31, 1996

Clearly, the district attorney's evaluation of the evidence and his decision to proceed with the prosecution in this case were in preparation for judicial proceedings and within his role as advocate for the state. … Pachtman, 424 U.S. 409, 424 , 96 S.Ct. 984, 992 , 47 L.Ed.2d 128 (1976), the Supreme Court stated: If a prosecutor had only a qualified immunity, the threat of § 1983 suits would undermine performance of his duties no less

Brenda Lewis v. City of Bastrop

Louisiana Court of Appeal · Sep 25, 2019

The trial court found him qualified as an expert in these fields. 6 left unaddressed” or that there was “any kind of malice or intent in that way.” … Once a defendant establishes that it was entitled to immunity under La. R.S. 9:2795, the burden of establishing a malicious or willful failure to warn of a dangerous condition shifts to the plaintiff. Doyle v.

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

99 La.App. 3 Cir. 1334 · Louisiana Court of Appeal · Feb 2, 2000

The plaintiffs had settled with one non-qualified health care provider and with one qualified health care provider. Upon notice of the settlement by the qualified health care provider, the Fund entered the litigation. … The Fund argued that it should be allowed to litigate the liability of the qualified health care provider and to introduce evidence apportioning fault between the qualified health care provider and the non-health care provider

Orellana v. LOUISIANA CITIZENS PROP. INS.

972 So. 2d 1252 · Louisiana Court of Appeal · Dec 5, 2007

In this case, Plaintiff has had to watch his home sustain ongoing damage [2] as a result of Louisiana Citizens' decision to not pay timely insurance payments, which qualifies the case under subsection (1). … R.S. 22:1430.5, captioned "Immunity from liability," states: A.

Bridges v. City of Carenco

982 So. 2d 306 · Louisiana Court of Appeal · Apr 30, 2008

The plaintiffs argue that since "tournament director" is not one of the positions specifically listed in La.R.S. 9:2798, that she does not qualify for immunity under the statute. … The record establishes that after the rain, remedial steps were take to improve the playing surface.

Moore v. RLCC Technologies, Inc.

668 So. 2d 1135 · Supreme Court of Louisiana · Feb 28, 1996

In 1950, this court, and not the Legislature, established tort immunity for the principal. … The term "affiliations" in Section 3 clearly refers to political and religious affiliations.

Forman v. Ours

804 F. Supp. 864 · District Court, E.D. Louisiana · Oct 8, 1992

Immunity is either absolute and qualified, and the function an official performs determines which form of immunity applies. … Absolute immunity is granted when officials, because of their specialized functions, require greater protection than qualified immunity affords. 6 Absolute immunity is most commonly given to those who perform prosecutory,

Kelley v. Kelley

425 F. Supp. 181 · District Court, W.D. Louisiana · Jan 17, 1977

only when that immunity has been waived by such an Act of Congress which clearly grants consent to specific types of suits. … Plaintiff cannot sue the United States for the relief here claimed from it because the Government has not clearly waived its immunity in such situations.

Durand v. United Dollar Store of Hammond, Inc.

242 So. 2d 635 · Louisiana Court of Appeal · Dec 21, 1970

We believe that the record further clearly indicates that Mr. Brock, after having observed the behavior of Mrs. Simmons, immediately started after her. … In reaching this conclusion the appellate court expressly pretermitted the question of whether the defendant was immune from liability by virtue of Louisiana Code of Criminal Procedure Article 215: "We agree with the trial

Meadows v. Dickson Welding, Inc.

593 F. Supp. 1320 · District Court, E.D. Louisiana · Sep 28, 1984

So long as general contractors have not defaulted on this statutory obligation to secure back-up compensation for subcontractor employees, they qualify for § 5(a)’s grant of immunity.” — U.S. at-, 104 S.Ct. at 2836 . … The Supreme Court clearly recognized that a party’s status as “general contractor” necessitates a factual inquiry; the Court noted: “Whether WMATA serves as the general contractor of the entire Metro construction project

Grant v. Sneed

155 So. 3d 61 · Louisiana Court of Appeal · Nov 19, 2014

This legislation and the jurisprudence interpreting it are clearly adverse to the position being taken by the defendants in this matter. … When a defendant invokes the immunity of a statutory employer under La. R.S. 23:1032, it has the burden of proving this immunity. If La.

Godwin v. East Baton Rouge Parish School Bd.

372 So. 2d 1060 · Louisiana Court of Appeal · Jun 15, 1979

We find that defendants herein possess no sovereign immunity for the basic reason that the state, its agencies and subdivisions no longer enjoy such immunity. … In our judgment such conduct, if established, must be deemed in bad faith and with malice.

Jackson v. Department of Public Safety for Louisiana

675 F. Supp. 1025 · District Court, M.D. Louisiana · Dec 27, 1985

The motion for summary judgment claims that under the undisputed facts, defendants are entitled to a qualified immunity from suit as a matter of law. … Nor do we address the issue of defendants’ qualified immunity, other than to note that we find that there has been no violation of law, established or otherwise, by any defendant.

Breaux v. Jefferson Davis Sheriff's Department

689 So. 2d 615 · Louisiana Court of Appeal · Feb 5, 1997

. *616 Defendants answered denying plaintiffs’ allegations and asserting the defense of qualified immunity. … Plaintiffs filed a motion for summary judgment contending that as a matter of law, the qualified immunity defense should be stricken since the arrest was illegal. Defendants filed a cross motion for summary judgment.

Colonial Pipeline Company v. Agerton

289 So. 2d 93 · Supreme Court of Louisiana · Jan 14, 1974

On May 9, 1962, Colonial, a Delaware corporation with principle offices in Atlanta, Georgia, qualified to do business in Louisiana and has remained qualified since that time. … Additionally the amendment specifies three alternative incidents, one of which, "the doing of business within this state in a corporate form," was not clearly incorporated in the prior statute.

Liberty Mut. Ins. v. STATE FARM MUTUAL AUTOMOBILE INS.

579 So. 2d 1090 · Louisiana Court of Appeal · Apr 30, 1991

State Farm argues that Liberty Mutual's cause of action for indemnity is barred because 1) Jones Walker can not proceed under La.R.S. 22:655, the Direct Action Statute, because as a vicariously liable party it does not qualify … It is a well-established principle of law that an insurance subrogee acquires no greater rights than those possessed by its subrogor and is subject to all limitations applicable to the original claim of the subrogor.