Case law

Taylor v. Tulane University of Louisiana

699 So. 2d 1117 · Louisiana Court of Appeal · Sep 17, 1997

Once a malpractice victim settles with a health care provider or its insurer for $100,000.00, the liability of the health care provider has been admitted or established. LSA-R.S. 40:1299.44(C)(5). … However, the Taylors argument completely ignores the specific statutory provisions governing a malpractice suit against a qualified health care provider under the MMA.

Partin v. Dolby

94 La.App. 1 Cir. 1418 · Louisiana Court of Appeal · Mar 3, 1995

Because the Dolby vehicle was covered for $100,000.00 under the State Farm policy, it does not qualify as an uninsured vehicle under Delaware law. … This fact is clearly provided by the language of the policy which states: "The premium for and the coverages of this policy have been established in reliance upon the provisions of the Georgia Motor Vehicle Accident Reparations

Mercer v. Mercer

671 So. 2d 937 · Louisiana Court of Appeal · Apr 3, 1996

While we may echo Judge Domengeaux's sentiments, we are compelled to follow the established jurisprudence of this court. … The evidence does not so clearly suggest that Mrs.

Richardson v. Continental Ins. Co.

468 So. 2d 675 · Louisiana Court of Appeal · Apr 10, 1985

Whether the trial court erred in refusing to qualify Mr. John Freeman as an expert in traffic engineering; 3. … When the total of these items is subtracted from the total jury award, this leaves a general damage award of $668,633.37, a sum which, as aforesaid, we determine to be clearly excessive.

State v. Steele

161 La. 796 · Supreme Court of Louisiana · Jun 28, 1926

The' defendant appeals from a conviction of murder with a qualified verdict and a sentence to life imprisonment. … dangerous man could not be established in the manner attempted by proving the details of the antecedent difficulty.

Blake v. Turner Industries Group, LLC

2012 La.App. 1 Cir. 0140 · Louisiana Court of Appeal · Sep 21, 2012

Moreover, the OWC clearly relied on the substantial evidence presented by Blake to establish that the welding fumes he was exposed to at Turner were harmful, which included the testimony of Turner’s Safety Manager, Blake, … Thomas qualified his response, as follows: [Counsel]: |14So have you seen the positive reaction that you would expect in Mr. Blake’s condition with use of the steroids? Dr.

Breaud v. Cantrell

District Court, E.D. Louisiana · Sep 15, 2025

Martin filed a first Motion to Dismiss Pursuant to Rule 12(c) and for Qualified Immunity.17 On March 27, 2025, this Court granted Breaud leave to file an Amended Complaint.18 The Amended Complaint withdrew all allegations … The Comments to ABA Model Rule 1.7 explain: Resolution of a conflict of interest problem under this Rule requires the lawyer to: 1) clearly identify the client or clients; 2) determine whether

Quality Design and Construction, Inc. v. Capital Glass Company, Inc.

2008 La.App. 1 Cir. 0838 · Louisiana Court of Appeal · Oct 31, 2008

Lee Connell, who was qualified at trial as an expert in architecture, testified that Capital did not have a clear understanding of the scope of the panel work when it bid the job, and that the dimensions for the panels on … In addition, the joint exhibits and Melancon's testimony establish that Ace completed the work on both jobs and was paid for the panel and curtain wall system jobs.

State v. Madison

345 So. 2d 485 · Supreme Court of Louisiana · Apr 11, 1977

While we appreciate counsel's reluctance to reveal his defense, we cannot overlook his failure to establish any genuine need for the location of the missing witness. … ASSIGNMENT OF ERROR NO. 18 Defendant argues that the trial court erred in qualifying Detective Daniel DeRoche as an expert in fingerprint identification.

Mothe v. Louisiana State Board of Embalmers and Funeral Directors

District Court, E.D. Louisiana · Aug 8, 2019

against the individual Defendants, in their individual capacities, are barred by absolute immunity and qualified immunity. … Procedure on sovereign immunity grounds and pursuant to Rule 12(b)(6) on absolute immunity grounds and alternatively on qualified immunity grounds, be and hereby is GRANTED.!!

State v. Oliver

193 La. 1084 · Supreme Court of Louisiana · Nov 27, 1939

“The province of the motion in arrest of judgment is to assign some error patent on the face of the record, or some radical defect therein, the rule being that a defect that can be established only by the taking of evidence … However, if it can be shown that he swore falsely to qualify as a juror in order to convict the defendants as alleged in the motion, we think such action is sufficient ground to disqualify him.

Martin v. Firemen's Insurance Co. of Newark

127 So. 2d 328 · Louisiana Court of Appeal · Feb 2, 1961

I accept as established that Moore was attempting to pass another vehicle when the accident occurred. … This indicates clearly Moore applied his brakes before Martin took similar action.

Andrus v. White

101 So. 2d 7 · Louisiana Court of Appeal · Apr 21, 1958

McCullium, supra, decided by this court in which an uncle had paid the funeral expenses of the deceased and after qualifying as administrator of the latter's succession sought to recover the amount. … It is well established under our jurisprudence that in assessing damages the pecuniary loss is impossible of determination on any scientific basis, and the courts can only exercise a sound discretion and award such amount

Gitschlag v. US Home Corp.

506 So. 2d 1236 · Louisiana Court of Appeal · Mar 4, 1987

The existence of a redhibitory defect is a question of fact which cannot be disturbed unless the record as a whole establishes that the finding is clearly wrong. Arceneaux v. … The record clearly establishes that the home had been a constant inconvenience and worry to the Gitschlags.

Young v. Armadores De Cabotaje, SA

617 So. 2d 517 · Louisiana Court of Appeal · Mar 31, 1993

Ross's experience as a port captain, loading and offloading ships, qualified him as an expert regarding stevedoring operations. … We are unable to say that such a determination would be clearly wrong. However, it was established that Dr. Jeffress incorrectly included as lost fringe benefits holiday and vacation pay.

State v. Blassengame

132 La. 250 · Supreme Court of Louisiana · Feb 17, 1913

The assumption that evidence as to the occupation of a defendant in a criminal prosecution is per. se admissible is clearly erroneous, since no evidence is admissible which is wholly irrelevant to the issue to be tried, and … It will thus be seen that in a matter of vital importance the learned trial judge and the counsel for defendant differ radically as to whether a certain fact was established by the evidence, and, if the matter should stand

Rue v. Continental Insurance Co.

366 So. 2d 629 · Louisiana Court of Appeal · Dec 20, 1978

However, he qualified his testimony by indicating that had he known of the test given before the date of the accident, as well as further case history, his conclusion might have been different. … Clearly, the written rea *634 sons and final judgment are not inconsistent with and contrary to each other. We thus find no merit to plaintiff’s contention.

Harwell v. Harwell

245 So. 2d 434 · Louisiana Court of Appeal · Mar 2, 1971

She was in such financial condition she qualified for the federal food stamp program and was allowed to purchase a $100 certificate for groceries for the sum of $22. Mrs. … However, the trial judge is vested with much discretion in matters involving custody and alimony awards, and his decision should not be reversed unless clearly erroneous.

Miers v. Truck Insurance Exchange

180 So. 2d 559 · Louisiana Court of Appeal · Nov 30, 1965

be disturbed unless found to be clearly erroneous. … Lejeune and Anderson clearly were in better positions than anyone else to determine whether a defect in the accelerator or clutch caused the accident.

Givens v. Givens

2010 La.App. 1 Cir. 0680 · Louisiana Court of Appeal · Dec 22, 2010

We disagree with Frances Givens’ contention that the trial court rejected the | lsentire testimony “of all of the qualified experts.” 10 Based on our review, the trial court rejected the opinion expressed by both Dr. … Ginzberg were not the only "qualified experts." Dorothy Day, whose testimony is hereinafter discussed, was also accepted by the trial court as an expert.