Case law

Widder v. Louisiana Citizens Property Insurance Corp.

2011 La.App. 4 Cir. 0196 · Louisiana Court of Appeal · Aug 10, 2011

Widder raises two assignments of error on appeal; 1) the district court erred by finding that the lead-based paint which originated in part from outside the property did not qualify as “direct physical loss” to trigger coverage … This policy is characterized as an “all risk” policy, one where all risks are covered unless clearly and specifically excluded. See Morgan v. Auto Club Family Ins.

Bethea v. La. Dept. of Transp. & Development

415 So. 2d 535 · Louisiana Court of Appeal · May 25, 1982

The plaintiffs have clearly shown that the trial court's conclusion concerning DOTD's negligence was correct. … Here, the trier of fact specifically rejected the defense of intoxication, saying: ... the evidence is clear that the blood sample was taken by one who was not qualified to do it.... and ... the court feels that it has not

Shanklin v. Dow Chemical Co.

494 F. Supp. 351 · District Court, M.D. Louisiana · Jul 30, 1980

Under McDonnell Douglas, the complainant in a Title VII suit must carry the initial burden of establishing a prima facie case of racial discrimination. … A careful review of the entire record in this case clearly shows that the plaintiff has failed to make a prima facie or other showing of racial discrimination on the part of the defendant Dow.

Smith v. Lafarge North America, L.L.C.

2012 La.App. 1 Cir. 0337 · Louisiana Court of Appeal · Nov 2, 2012

For an appellate court to reverse a WCJ’s factual finding, it must find from the record that a reasonable factual basis does not exist for the finding of the WCJ and that the record establishes that the finding is clearly … Although the physicians were qualified to give an opinion as to the nature and treatment of Smith’s injury, the WCJ had the discretion to evaluate all of the testimony and to determine which physician’s opinion was most credible

Mathews v. Employers Mutual Fire Insurance

180 So. 2d 38 · Louisiana Court of Appeal · Oct 28, 1965

To the contrary, Sutton was clearly guilty of negligence, particularly in failure to observe and heed the left turn signal timely given by the driver of a preceding car; in turning out of a line of traffic in an attempt to … Mathews, an able, qualified, experienced, Registered Nurse, sustained serious and painful injuries in the cervical and lumbo-sacral areas.

Pino v. Bennett

126 So. 2d 460 · Louisiana Court of Appeal · Jan 30, 1961

of the corporation it was incumbent upon defendant to make this clearly and unmistakably known to plaintiff. … That plaintiff himself qualifies as the “one credible witness” required by Article 2277 of our Revised Civil Code is hardly open to argument. See Cormier v. Douet, supra.

Thomas v. Petrolane Gas Service Ltd.

588 So. 2d 711 · Louisiana Court of Appeal · Oct 24, 1991

Thus, the trial court clearly erred in finding that agency liable for the accident. … Although the employer and insurer stated, in answering the petition and at trial, that self-insurance filled the void, no evidence established that Petrolane statutorily qualified for the classification of self-insurer under

State v. Hart

2004 La.App. 4 Cir. 0121 · Louisiana Court of Appeal · Aug 18, 2004

A factfinder’s credibility decision should not be disturbed unless it is clearly contrary to the evidence. State v. … The coroner testified that the continued abuse weakened the child’s immune system, but she would have survived absent the head trauma.

Chance v. Chance

694 So. 2d 613 · Louisiana Court of Appeal · May 7, 1997

Clearly, then, the district judge did not err in denying Mrs. Chance's tardy request. *617 Interest in Dr. … After considering the testimony of two certified public accountants regarding this asset, the trial court accepted the valuation established by Dr. Chance's expert, Steven Bayer.

Hickey v. Centenary Oyster House

690 So. 2d 858 · Louisiana Court of Appeal · Feb 26, 1997

This record clearly establishes that Nichols operated as an independent insurance agency, soliciting applicants for insurance from the general public to forward to different insurers or their general agents. … The legislature does not qualify the cause of the contemplated injury of a citizen as either intentional or negligent.

Watkins v. LAKE CHARLES MEMORIAL HOSP.

896 So. 2d 130 · Louisiana Court of Appeal · Dec 15, 2004

The amount of damages awarded was clearly excessive. … Medications: Concerta (54 mgs.) ($170.00/mo. × 64 yrs.) $ 130,560.00 Concerta (18 mgs.) ($97.50/mo. × 64 yrs.) $ 74,880.00 Clonidine ($22.50/mo. × 64 yrs.) $ 17,280.00 [3] A qualified health care provider's limitation of

Benoit v. Town of Vinton

99 La.App. 3 Cir. 308 · Louisiana Court of Appeal · Nov 10, 1999

The court in Pa-lacios, | zsupra stated the information sought by plaintiff clearly qualifies as reports, surveys, schedules, lists or data that has been compiled or collected. … for the privilege established by the portion of section 409 that is at issue in this case.

Texas Gas Transmission Corporation v. Fuselier

133 So. 2d 828 · Louisiana Court of Appeal · Nov 7, 1961

Defendant was not qualified to any degree whatever to give such an opinion and his testimony clearly cannot outweigh that of plaintiff's witness, Gilbert H. … The defendant here clearly did not sustain this burden. On further consideration we are of the opinion this case should not be remanded.

LAGC v. LA Dept. of Agr. and Forestry

924 So. 2d 90 · Supreme Court of Louisiana · Feb 22, 2006

While this statute alone would not be enough to qualify as an express exemption from the Public Bid Law, given the language found in the LAFA act, specifically La. … LAFA is "created within the Department" and "established within the Department," [16] and is unquestionably part of the Department.

Succession of Geer

209 So. 2d 303 · Louisiana Court of Appeal · Apr 8, 1968

The language of Article 3004(3) clearly permits the surviving spouse on his petition alone to obtain possession of community property for himself and his minor children without first qualifying a tutor for the minor children … impede or frustrate this right, we conclude the bank cannot require the naked owner to receipt for property in its possession before releasing it to the usufructuary, provided that sufficient proof has been furnished to establish

Primeaux v. St. Paul Fire & Marine Ins. Co.

862 So. 2d 496 · Louisiana Court of Appeal · Dec 17, 2003

STANDARD OF REVIEW We begin by noting the well established rules of appellate review of jury and trial court decisions. … When the alleged negligence of a specialist is at issue, only those qualified in that specialty may offer expert testimony and evidence of the applicable standard of care. Fox v.

Berry v. Bass

157 La. 81 · Supreme Court of Louisiana · Nov 3, 1924

Peyroux, 37 La. 477 , this court said: “The rule, as settled in our jurisprudence, is that in order to claim immunity for errors growing out of his official acts and judicial functions, a justice of the peace múst not only … ‘If their judgment is wrong, yet their heart and intention pure, God forbid that they should be punished;’ and he declared ‘that he should always lean towards favoring them unless partiality, corruption or malice shall clearly

State v. Loyd

489 So. 2d 898 · Supreme Court of Louisiana · Aug 15, 1986

These photographs, though graphic, were clearly relevant to the state's argument that the murder was committed in an atrocious or cruel manner. … The evidence clearly supports at least one aggravating circumstance. The defendant's first trial and conviction established that the offender was engaged in an aggravated rape or kidnapping.

Cole v. Richmond

156 La. 262 · Supreme Court of Louisiana · Mar 10, 1924

As to this property, plaintiffs are clearly without any right of recovery. As Mrs. Mary L. … The evidence fails to establish, in our opinion, that Dr. Scott was connected in any way with any agreement between the tutor and Mrs.

Parkes v. Prien Pines Nursery

722 So. 2d 36 · Louisiana Court of Appeal · Nov 4, 1998

Darby's Post Trial Deposition clearly establishes that Parkes cannot earn her pre-accident wages because of her disability. … Wagman testified that he allowed Parkes to resume light activities and that the making and selling of crafts would qualify.