Case law

GONZALES HOME HEALTH CARE, LLC v. Felder

994 So. 2d 687 · Louisiana Court of Appeal · Sep 26, 2008

Felder's testimony clearly establishes that addressing a subordinate employee's inappropriate conduct was part of her employment. … While her testimony clearly establishes that she was not satisfied with the punishment GHHC imposed on Ms. Marshall on February 28, 2007, there is no evidence that GHHC treated Ms.

Fontenot v. Wood

140 So. 2d 34 · Louisiana Court of Appeal · Apr 9, 1962

This negligence by Wood was clearly a cause of the accident. … Under the holding of the Felt case, supra, the mere happening of the accident, under such circumstances, establishes a prima facie case of negligence on the part of Mr.

Wijngaarde v. Parents of Guy

720 So. 2d 6 · Louisiana Court of Appeal · Sep 2, 1998

established at trial and is not found in our jurisprudence. … Such a result is clearly contrary to public policy. Third, ...

State v. Ross

2015 La.App. 4 Cir. 1113 · Louisiana Court of Appeal · Dec 21, 2016

At the hearing, the prosecution sought to establish that Mr. … At the hearing, the prosecution presented the testimony of Officer George Jackson, who was qualified over defense objection as an expert in fingerprint examination and comparison.

Gray v. Gray

451 So. 2d 579 · Louisiana Court of Appeal · Apr 30, 1984

A spouse need not be destitute to qualify for permanent alimony. Loyacano, supra ; Smith, supra ; Smith v. Smith, 416 So.2d 134 (La.App. 2d Cir.1982). … Although plaintiff established that Patricia Gray is presently capable of employment, he did not establish that Patricia Gray was incapable of work at the time alimony was set.

Ray v. Department of Labor

998 So. 2d 206 · Louisiana Court of Appeal · Nov 3, 2008

In view of the foregoing, an award of fifteen hundred ($1500) Dollars would clearly be excessive. My review of the appeal record and Mr. … That right has been conferred by rule of the Civil *210 Service Commission, and clearly is a qualified right because it cannot be seriously maintained that $1,500.00 will provide sufficient funding to obtain legal representation

In Reference to the Interdiction of Jones

10 La.App. 5 Cir. 66 · Louisiana Court of Appeal · Nov 9, 2010

that the factfinder is clearly wrong or manifestly erroneous. … The person appointed qualifies as curator upon furnishing the security required by law and taking an oath to discharge faithfully the duties of his office. 13. (1) If the person fails to qualify for office within ten days

Ennis v. Sears, Roebuck & Co.

8 La.App. 5 Cir. 235 · Louisiana Court of Appeal · Feb 25, 2009

He qualified her totally temporarily dis- *903 abler! for six additional months. At eleven months post surgery, plaintiff complained of some back pain, but no more leg pain. Dr. … that the fact finder is clearly wrong or manifestly erroneous.

Smith v. Manville Forest Products Corp.

521 So. 2d 772 · Louisiana Court of Appeal · Feb 24, 1988

Qualifying the last paragraph of the agreement, plaintiff wrote on the form the words: "Except for Minor Settlement". Defendants then paid $10,377.78 in medical benefits on behalf of plaintiff's son. … The intent to convey the right of subrogation must be clearly expressed. Bond v. Commercial Union Assurance Co., 407 So.2d 401 (La.1981); Wallace v.

Southern Bell Telephone & Telegraph Co. v. Louisiana Public Service Commission

242 La. 24 · Supreme Court of Louisiana · May 29, 1961

Next it is urged that the “majority has erred in placing a construction on the Commission’s Order No. 6993 which increased the dollar amount of the reduction clearly beyond the amount found to be justified in the Order itself … If it had been intended that the mentioned sum was controlling and conclusive certainly the quoted qualifying phrase would not have been used.

Wabash Power Equipment Co. v. Lindsey

897 So. 2d 621 · Louisiana Court of Appeal · Sep 17, 2004

If the interstate movement has begun, it may be regarded as continuing, so as to maintain the immunity of the property from state taxation, despite temporary interruptions due to the necessities of the journey or for the … The sales and use tax are clearly delineated as complementary, in that the statute requires that there be no duplication of the tax.

Salavarria v. National Car Rental System, Inc.

705 So. 2d 809 · Louisiana Court of Appeal · Jan 21, 1998

or provide immunity from suit are `rules of loss distribution and financial protection.' " Relator's derivative liability is a question of "loss distribution and financial protection." … Clearly Florida has no such policies or concerns, and any attempt by Florida to enact extra-territorial laws to effectuate such policies would represent an unconstitutional overreaching, and are obviously not the policies

Akins v. Morehouse

District Court, W.D. Louisiana · Mar 28, 2025

contentions are clearly baseless. Id. … The plaintiff bears the burden of establishing that equitable tolling applies. Rotella v. Pederson, 144 F.3d 892 (5th Cir. 1998); see also Ramirez v.

WASHINGTON PAR. POL. J. v. Washington Par. Hosp. SD

152 So. 2d 362 · Louisiana Court of Appeal · Jun 14, 1963

No such qualifying language is to be found in Section 1060. … Clearly, the legislature intended such rights, powers and functions to be enjoyed and exercised by all hospital service districts irrespective of whether created upon the initiative of the police juries or pursuant to petition

Viator v. Liverpool & London SS Protection and Indem. Ass'n

701 So. 2d 487 · Louisiana Court of Appeal · Oct 8, 1997

The decision to qualify a witness as an expert is within the discretion of the trial court. A determination in this regard will not be disturbed on appeal lacking manifest error. Carpenter v. … We cannot say that the award was clearly wrong. Therefore, the award will not be overturned.

Ellerbee v. State of Louisiana Division of Administration, Office of Technology Services

District Court, M.D. Louisiana · Jan 28, 2025

The parties do not dispute that Ellerbee is a qualified individual with a disability and that he was qualified to receive the services and benefits of the public entity.64 Defendants acknowledge Ellerbee claims accessibility … ; (2) Is retained exclusively for reference, research, or recordkeeping; (3) Is not altered or updated after the date of archiving; and (4) Is organized and stored in a dedicated area or areas clearly

Wiley v. Lipka

975 So. 2d 726 · Louisiana Court of Appeal · Feb 6, 2008

that the factfinder is clearly wrong or manifestly erroneous. … duties for on-call physicians), expert testimony is also unnecessary to establish a malpractice claim.

Family Worship Center Church, Inc. v. Solomon

2006 La.App. 1 Cir. 1261 · Louisiana Court of Appeal · Jun 8, 2007

As such, these claims were clearly not before the trial court on Health Science Park's motion for summary judgment, and the trial court erred in dismissing them. … However, Health Science Park addressed all of the Church's allegations as follows: (1) the Church did not address Noerr-Pennington immunity in regard to the filing of the first lawsuit; (2) Health Science Park recorded the

BONSTELL v. Brookshire Grocery Co.

9 La.App. 3 Cir. 154 · Louisiana Court of Appeal · Jun 3, 2009

liability for damages caused by a slip and fall accident at the defendant’s place of business, as well as the presence of comparative fault, are factual determinations that will not be disturbed absent manifest error or unless clearly … Insofar that the plaintiff may argue that the rug qualified as the “condition”, there was no evidence that it was wrinkled or folded as to create an unreasonable risk of harm.

Civil Serv. Com'n of No v. City of No

826 So. 2d 23 · Louisiana Court of Appeal · Nov 1, 2002

The Commission's Rules at issue herein are clearly and unequivocally within the scope of the Commission's constitutional and Chartered authority and serve to achieve the goals and objectives of the merit system of public … Hence, it is appropriate that home rule powers, functions and immunities should be construed fairly, genuinely and reasonably and any claimed exception to them should be given careful scrutiny by the courts.