Case law

Grady Ronald Ford v. Phillips 66 Company

Louisiana Court of Appeal · Dec 16, 2020

“An employer seeking to avail itself of tort immunity bears the burden of proving its entitlement to immunity.” Mitchell, 93 So.3d at 758. … Phillips 66 argues it has proved its entitlement to immunity and Ford has failed to produce any evidence to rebut the presumption that Phillips 66 was his statutory employer by establishing he will be able to prove at trial

Franklin v. Oilfield Heavy Haulers

478 So. 2d 549 · Louisiana Court of Appeal · Oct 23, 1985

The following points were established by Dr. Gunderson's testimony: 1. … This principle can be fully effectuated only if the employer is given absolute immunity at all levels.

State v. Walker

853 So. 2d 61 · Louisiana Court of Appeal · Jul 29, 2003

Therefore, the police clearly had reasonable cause to stop defendant's vehicle because it was being operated without headlights as required by statute. … While such an amount is small, it does not appear to qualify as a "trace amount."

State v. Cox

26 So. 3d 929 · Louisiana Court of Appeal · Dec 9, 2009

These facts clearly establish the agreement between Cox and Brown to transfer cocaine to the C.I. The latter elements of distribution of cocaine were not established until after Cox delivered the cocaine to the C.I. … In short, Cox does not refute that the events transpired and accordingly the C.I.’s testimony cannot change Cox’s criminal conduct that was clearly established as set forth in this appeal.

Talley v. Enserch Corp.

508 So. 2d 197 · Louisiana Court of Appeal · May 13, 1987

Defendant cites Larson's Treatise on Workmen's Compensation which clearly fits this particular set of circumstances. … The record further establishes plaintiff's monthly pay was $3,000.

State v. Summit

454 So. 2d 1100 · Supreme Court of Louisiana · May 14, 1984

established defendant's guilt beyond a reasonable doubt. … He argues that selecting a "death qualified" jury under Witherspoon v.

Kansas City Southern Ry. Co. v. Hendricks

150 La. 133 · Supreme Court of Louisiana · Jan 2, 1922

In order to accomplish this purpose, the town council submitted to the duly qualified property tax payers of the municipality a proposition to authorize the town to issue negotiable bonds in the sum of $300,000; the bonds … Hence the tax levy was premature, and the injunction sued out to prevent its collection will be perpetuated. [4,5] Defendants have pleaded the prescription of 60 days established by section 17 of Act 256 of 1910 against the

Clark v. Aqua Air Industries, Inc.

435 So. 2d 492 · Louisiana Court of Appeal · Jun 7, 1983

Gorman was qualified to testify as an expert in the fields of job placement and development, non-medical testing of physical and mental abilities, and vocational administration. He testified that any work which Mr. … Accordingly, we are of the opinion that this case clearly falls under the “odd lot” doctrine. Under the “odd lot” test4 as announced in Oster v.

Lowery v. Savana

759 So. 2d 1020 · Louisiana Court of Appeal · May 10, 2000

The jurisprudence requires more proof than the plaintiff's uncorroborated testimony to establish past medical expenses. … Under these circumstances, we cannot find this testimony sufficient to qualify as adequate proof of Lowery's past medical expenses.

Hoyt v. State Farm Mutual Automobile Insurance Co.

420 So. 2d 1254 · Louisiana Court of Appeal · Oct 13, 1982

The issue we must resolve is whether or not the finding of the jury that Charles Williams was not negligent is clearly erroneous. … At trial, he merely qualified it by saying that at the crest of the hill it becomes wide enough for two cars to pass.

Williams v. Reiss

643 So. 2d 792 · Louisiana Court of Appeal · Sep 29, 1994

The Louisiana Legislature has expressed its special interest in providing for the uniform treatment of medical malpractice claims brought against health care providers qualified to practice in Louisiana. … Williams could just have easily have injured himself while engaged in personal activities, in which case there clearly would be no basis for the exercise of admiralty jurisdiction.

Greer v. Whole Foods Market, Inc.

2013 La.App. 4 Cir. 0455 · Louisiana Court of Appeal · Jan 15, 2014

. |,,STANDARD OF REVIEW The standard of review applied in a workers’ compensation case is the “manifest error-clearly wrong” standard. Banks v. … “An [injured] employee in a worker’s compensation case has the burden of establishing a causal link between the accident and the subsequent disabling condition.” Peveto v.

Kansas City So. R.R. v. Hendricks

150 La. 134 · Supreme Court of Louisiana · Jan 2, 1922

In order to accomplish this purpose, the town council submitted to the duly qualified property tax payers of the *Page 136 municipality a proposition to authorize the town to issue negotiable bonds in the sum of $300,000; … Hence the tax levy was premature, and the injunction sued out to prevent its collection will be perpetuated. [4, 5] Defendants have pleaded the prescription of 60 days established by section 17 of Act 256 of 1910 against

Romagosa v. LAFAYETTE CITY-PARISH CONSOLIDATED GOV'T

824 So. 2d 448 · Louisiana Court of Appeal · May 29, 2002

If an injured fireman qualifies by sickness or disability, he may be entitled to both with the statutory credit; if he does not qualify for either, he is entitled to neither. … The letter is clearly admissible.

State v. Dominick

506 So. 2d 193 · Louisiana Court of Appeal · Apr 13, 1987

Here, Dominick can demonstrate no bias as the photographs were in conjunction with state testimony (1) clearly identifying the things as being stolen and (2) precisely establishing the value at $300.91. In State v. … Defendant contends that the testimony as to the value of the stolen goods was opinion testimony and inadmissible, as neither witness had qualified as an expert.

Dwyer v. Smith

10 La. App. 506 · Louisiana Court of Appeal · Apr 5, 1929

Hyams, surveyor, do so, but that such selection was not satisfactory to plaintiff who wished to have Fuellhart appointed;* and “he shows that there are other surveyors in the Parish, competent and qualified, and that neither … If it clearly appeared that defendant from the beginning denied the necessity of establishing the line and had resisted the action all through, we should direct that he pay all costs, including the survey, under authority

Scott v. Bank of Coushatta

512 So. 2d 356 · Supreme Court of Louisiana · Sep 11, 1987

Accordingly, the burden of proof for establishing a novation is on the person who asserts it. Placid Oil Co. v. … The Bank's conduct in this case clearly established that it had no right to rely on Langford's representations of agency and authority, whether made fraudulently or with reckless disregard of their veracity.

Fontenot v. Cooper

599 So. 2d 883 · Louisiana Court of Appeal · May 20, 1992

He testified that he did not use the location of the debris, clearly apparent in the photographs that he took, as a factual indicator of where the point of impact was. … He testified as an expert, when he had never been qualified to testify as an expert.

Boren v. Louisiana Pacific Corp.

486 So. 2d 1190 · Louisiana Court of Appeal · Apr 9, 1986

The jurisprudence clearly establishes that an illness or disease which is not sudden may be classified as an accident and may fulfill the statutory requirements for an accidental injury under the Worker's Compensation Act … So while these chemicals were not toxic, the evidence shows they were harsh enough to qualify as irritants and thus harsh enough to exacerbate the condition which was afflicting Mr. Boren.

Davis v. Petroleum Club of Lafayette

795 So. 2d 506 · Louisiana Court of Appeal · Sep 19, 2001

. *509 STANDARD OF REVIEW An appellate court should not disturb the findings of a workers' compensation judge unless they are clearly wrong or manifestly erroneous. Winch v. … These records, along with Davis' testimony sufficiently establish he sustained a job-related accident and injury; and we will not disturb the workers' compensation judge's ruling on this issue.