Case law

Rogers v. Daigle

93 La.App. 1 Cir. 1523 · Louisiana Court of Appeal · Jun 3, 1994

This court cannot disturb the trial court’s finding if we find from the record that there is a reasonable factual basis for the finding, and the record establishes that the finding is not clearly wrong or manifestly erroneous … DOTD enjoys no immunity from liability for its operational decision not to remove the mailbox. See Chaney v. National Railroad Passenger Corp., 583 So.2d 926 (La.App. 1st Cir.1991).

Rhonda Danos, Individually, and as Curatrix for the Interdict, Ronald Martin, and Scheree Martin Versus Emery A. Minnard, M.D., Jefferson Parish Hospital Service District No. 1 D/B/A West Jefferson Medical Center, Crescent Surgical Group, LLC, Dr. Michael Cook and Dr. Mark Kappelman

Louisiana Court of Appeal · Aug 28, 2019

Minnard fails to establish a connection to the negligent credentialing claim here, and the information does not demonstrate that Dr. Kappelman and Dr. … R.S. 13:3715.3(C) as it relates to hospital immunity, and jurisprudence from the other forty-nine states, as well as a de novo review of the record before us, we find that the federal and state immunity

Paul Hellmers, Edward Poole, Jay Fielding & Michael Salvaggio v. Department of Fire

Louisiana Court of Appeal · Nov 10, 2021

As such, the matter was remanded with the “instruction that the Commission remedy the constitutional violations by ordering the promotion of the qualified applicants… .” … First, the review by appellate courts of the factual findings in a civil service case is governed by the manifest error or clearly erroneous standard.

State v. Kestle

996 So. 2d 275 · Supreme Court of Louisiana · Dec 2, 2008

The court recognized "a well-established rule that nonexpert witnesses may testify as to whether a man is drunk or sober." … In reviewing the evidence, we find it sufficient to establish the defendant was intoxicated. The testimony of the trooper clearly established defendant was severely impaired.

State v. Vassel

285 So. 2d 221 · Supreme Court of Louisiana · Oct 29, 1973

Accordingly, we find an unbroken chain of custody was clearly established by these witnesses. Furthermore, the evidence was certainly relevant. R.S. 15:435. … A continuous chain of custody was clearly established, and there can be no doubt as to the relevancy of the pistol. Therefore, a proper foundation was laid for admitting the pistol into evidence.

Timmons v. Timmons

605 So. 2d 1162 · Louisiana Court of Appeal · Aug 19, 1992

The guidelines set forth in LSA-R.S. 9:315 et seq are to be used in any proceeding to establish or modify child support filed on or after October 1, 1989. … The district court was clearly correct.

Frey v. Manhattan Life Ins. Co. of New York

182 La. 821 · Supreme Court of Louisiana · May 27, 1935

He said that disability was permanent, but on cross-examination .qualified his statement by saying that he was “not in position to say whether the man will be permanently disabled all his life, but at the present time he … Under the showing made by plaintiff, he is clearly entitled to recover the benefits provided for in the policy. Furthermore, he is entitled to penalties as required by Act No. 310 of 1910.

Regan v. Adams Express Co.

49 La. Ann. 1579 · Supreme Court of Louisiana · May 31, 1897

A supply of food and water, however, will not operate as immunity to the common carrier, in failing to unload animals which should be unloaded for illness or other sufficient cause. … It is abundantly established by uncontradicted testimony that there were no chutes at that station to unload live stock from the passenger train. ■ It was, therefore, impossible to lead out the two horses from the car while

Estate of Barré v. Carter

272 F. Supp. 3d 906 · District Court, E.D. Louisiana · Jul 25, 2017

LeBlanc, for instance, the Fifth Circuit instructed that the affirmative defense of qualified immunity may be raised on a Rule 12(b)(6) motion to dismiss, and held that a plaintiff can survive the motion to dismiss by “asserting … ] facts which, if true, would overcome the defense of qualified immunity.” 219 While it does not appear that the Fifth Circuit has directly addressed the question of whether the fair use defense may be raised on a Rule 12

State v. Terrell

175 La. 758 · Supreme Court of Louisiana · Jul 20, 1932

The finding by the trial court, involving, as it does, a question of fact, should not be disturbed, unless it is clearly against the weight of the evidence. State v. Porteau, 52 La. Ann. 476 , 26 So. 993 ; State v. … So doing, we have no hesitancy in holding that the statement was freely and voluntarily made, and made without promise of reward or immunity, or intimation of such.

Glenda Emmons Aycock v. Board of Commissioners of the Bossier Levee District and City of Bossier City

Louisiana Court of Appeal · May 5, 2021

Jones, a retired civil engineer, who qualified as an expert in geotechnical engineering and investigation of soil and drainage issues and structural failures. … Prescription runs against all persons unless exception is established by legislation. La. C.C. art. 3467.

State v. Brannon

971 So. 2d 511 · Louisiana Court of Appeal · Dec 5, 2007

The jury as the ultimate fact finder should relate background knowledge received from the expert to the facts established by the evidence at trial, and make a determination of the defendant's guilt. State v. … She is only going to talk about test results and how she as an expert is qualified to interpret those.

Hardin v. Conoco, Inc.

712 F. Supp. 1240 · District Court, W.D. Louisiana · May 18, 1989

The moving parties seek dismissal, asserting that plaintiff was a “borrowed employee” of Conoco at the time of his alleged fall on a fixed platform in the Gulf of Mexico and therefore defendants are immune from suit in tort … The plaintiff opposes the motion on the grounds that the evidence does not establish that John Roche was a borrowed employee of Mark.

Hunt v. Sims

184 La. 679 · Supreme Court of Louisiana · Mar 31, 1936

This was merely an ingenious attempt to exclude all evidence as would establish the fact that the return under review was incorrect, which was the precise question presented to the trial judge for his determination. … W'e are satisfied that the result of the primary election as promulgated by the Fifth judicial district democratic executive committee represents the declared wishes by 222 of the qualified electors who participated therein

Molenaar v. McGILL MFG. CO., INC.

410 So. 2d 869 · Louisiana Court of Appeal · Feb 9, 1982

that the finding is not clearly wrong (Manifestly erroneous)." … Both of these men were more than qualified to handle these responsibilities, and we find they were carried out.

Opinion Number

Louisiana Attorney General Reports · Sep 13, 2001

It is our opinion that the prior law of Louisiana Acts 1972, No. 34 , amending R.S. 13:1952 (18) was repealed by the subsequent law of Louisiana Acts 1980, No. 577 , amending R.S. 13:1872 (A) by providing clearly and unequivocally … The election of the justices of the peace and constables includes those qualified voters within the territorial limits of the jurisdiction of the justice of the peace court. R.S. 13:2582 (B) and 2583(B).

Opinion Number

Louisiana Attorney General Reports · Mar 30, 2009

The statute also provides that for certain parishes, the charge shall only be imposed after the question of its imposition has been submitted to the qualified electors of the parish. … The second ordinance in question proposes to establish a mosquito control service fee of $1 per month.

State v. Simien

677 So. 2d 1138 · Louisiana Court of Appeal · Jul 24, 1996

Demers clearly was in charge of the tests in question. As director of the lab in question, Dr. … Demers' testimony, the evidence overwhelmingly establishes Mr. Simien's paternity. Dr.

Tennessee Gas Transmission Co. v. Bayles

74 F. Supp. 258 · District Court, W.D. Louisiana · Nov 6, 1947

Those engaged in and experienced in the business, and who are best qualified to determine methods of construction, have testified in affidavits, that it would be dangerous to place these pipe lines closer together than 50 … Contracts with other land owners have no relevancj^ here unless and until facts are alleged, which clearly establish fraud or error.

State v. Fortenberry

307 So. 2d 296 · Supreme Court of Louisiana · Jan 20, 1975

Both eyewitnesses clearly saw the participants, who were not disguised and were within several feet of them. … This rule has nothing to do, in principle, with the trial rules of informality nor with the parol evidence rule permitting informalities to be established.' Wigmore, supra, § 2348.