Case law

Fontan v. Estopinal

529 So. 2d 1330 · Louisiana Court of Appeal · Jul 26, 1988

(2) May two parties contract away legally established rights of a third party who is not privy to that contract? … The affidavits presented by defendant Estopinal clearly refute that as owner he knew or should have known of any defect.

Mays v. American Indem. Co.

365 So. 2d 279 · Louisiana Court of Appeal · Feb 9, 1979

The record does not establish the distance that Thomas was from the Mays procession at the time he made his first observation and slowed his car, but it does establish that he had rought his vehicle under control and slowed … The evidence establishes that Mr.

State v. Rumley

2014 La.App. 4 Cir. 1077 · Louisiana Court of Appeal · Dec 16, 2015

She subsequently qualified that testimony, saying “not so much the anus.” … In any case, the evidence 'was clearly admissible under La.

Arnold v. Stupp Corporation

205 So. 2d 797 · Louisiana Court of Appeal · Mar 8, 1968

These cases are clearly distinguishable from the authorities hereinabove referred to and the agreement entered into between the parties therein clearly evidence an intent to indemnify the indemnitee against the latter's own … No such qualifying language is found in the instant agreement.

Guidry v. Beauregard Electric Cooperative, Inc.

14 La.App. 3 Cir. 1108 · Louisiana Court of Appeal · Apr 8, 2015

BECi contends the trial court erred in qualifying Mr. … We have reviewed BECi’s complaint that the trial court erred in qualifying Mr.

Nelson v. Constant

District Court, E.D. Louisiana · Feb 20, 2020

To determine if qualified immunity is applicable, “[f]irst, the court must determine whether the plaintiff has alleged a violation of a clearly established federal constitutional or statutory right. … Defendants argue that qualified immunity is applicable here because they were acting in conformity with La. Rev.

State v. Gomez

319 So. 2d 424 · Supreme Court of Louisiana · Oct 1, 1975

. * * * Defendant has failed to establish that the facts of the instant case demonstrate an abuse of discretion by the trial judge. The prospective juror, Mrs. … Whether a witness offered by one of the parties qualifies as an expert is a question of fact to be decided by the judge.

Glenn v. Caire

164 So. 2d 656 · Louisiana Court of Appeal · May 28, 1964

The evidence also establishes, however, that the Bock unit which was installed in Dr. Caire's car caused that particular car to overheat. The evidence further establishes that the engine on Dr. … We think the evidence clearly shows that Dr. Caire returned and tendered the unit to plaintiff after it had been removed from the car and that plaintiff refused to accept it.

Faulkner v. McCarty Corp.

853 So. 2d 24 · Louisiana Court of Appeal · Jun 11, 2003

In the instant case we find that the evidence clearly demonstrates that when the Dock Board leased its warehouses, it gave complete control of those warehouses to the lessee. … R.S. 9:2798.1(B) grants the Dock Board qualified immunity from liability based upon the exercise or performance or the failure to exercise or perform its discretionary acts. Id., 685 So.2d at 588-89 .

Myers v. Gulf Public Service Corp.

15 La. App. 589 · Louisiana Court of Appeal · Jan 27, 1931

This clearly indicates to our minds that the father and mother each had a right of action for the death of their son. … The amendment simply set forth the status of the plaintiff more clearly. It did not change- it in any way.

Succession of Forsyth

21 La. Ann. 367 · Supreme Court of Louisiana · May 15, 1869

The decedent left an olographic will, which was admitted to probate soon after his decease, and Mills Judson, named as executor, was duly qualified. … The appellant should have resorted to the proof which these articles seem clearly to require in such cases. The sum of five hundred dollars given to Mrs.

Cascio v. Carpet

968 So. 2d 844 · Louisiana Court of Appeal · Oct 24, 2007

Paula Lyles, a manager at Henry Hays, denied the Cascios' claim that she intimated that Marble was not qualified to do the job. … He stated that Marble had installed wood floors for him before the Cascio job and that he was a reputable and qualified installer.

Marmino v. City of Crowley

2002 La.App. 3 Cir. 0472 · Louisiana Court of Appeal · Oct 30, 2002

The trial court committed manifest error and was clearly wrong when it found that Paul Marmino contracted hepatitis C from his employment. 2. … It explained: "Substantive laws are laws that impose new duties, obligations or responsibilities upon parties, or laws that `establish new rules, rights and duties or change existing ones.'" Manuel [v.

Dellinger v. Van Hoorebeek

2010 La.App. 4 Cir. 1759 · Louisiana Court of Appeal · Apr 27, 2011

^Furthermore, “it is not necessary for an agent to establish an express agreement that he should have a pecuniary remuneration for his services. … much of it as is true and qualify or deny the remainder.

Theus v. Schumpert Medical Center

653 So. 2d 178 · Louisiana Court of Appeal · Apr 5, 1995

Based upon the admissible medical evidence, this court found the trial court was clearly wrong in awarding benefits. … Burda and rejecting the medical opinions of the other witnesses, and because the plaintiff had no symptoms of fibromyalgia prior to this accident, we find that the plaintiff has established that she is disabled as a result

Gardiner v. Commercial Union Ins. Companies

488 So. 2d 1331 · Louisiana Court of Appeal · May 14, 1986

The first issue which we address is whether the court clearly erred in awarding plaintiff $60,000.00 for loss of earning capacity. … Pettingill, Jr., who qualified as an expert in economics, examined plaintiff's tax returns for the years 1979 through 1983.

Womack Bros., Inc. v. Equipment Rental Services, Inc.

399 So. 2d 661 · Louisiana Court of Appeal · May 26, 1981

Apparently, defendant relied upon the circumstantial implications of the short time between the repairs and the seizing of the pump in an attempt to establish defective workmanship. … These findings are entitled to great weight on appeal and should not be disturbed unless clearly wrong.

Whitney v. Mallet

442 So. 2d 1361 · Louisiana Court of Appeal · Dec 14, 1983

There apparently were several exchanges of words and the plaintiff decided to leave the establishment. … Every person who, under color of state law, causes another to be deprived of any rights, privileges, or immunities secured by the Constitution and laws, is liable to the party injured in an action at law, suit in equity,

Richard v. Berrigan

11 So. 3d 1242 · Louisiana Court of Appeal · Jun 12, 2009

Clearly the jury's credibility determinations factored heavily in its decision. … The claims representative was not qualified as an expert.

Vallot v. Champagne

583 So. 2d 549 · Louisiana Court of Appeal · Jun 26, 1991

This withdrawal is clearly stated in Exhibit P-15/D-2, dated December 22, 1987. … The trial judge concluded that Champagne established the value of the property at $95,000 as of January 1, 1987. In this finding the trial court clearly erred a second time. Fontenot testified on June 30, 1989.