Case law

Dowden v. Miller

415 So. 2d 283 · Louisiana Court of Appeal · Apr 13, 1982

However, our examination of the record reveals that the evidence clearly supports the determination that Miller was not negligent. … LIABILITY OF CHARTER NATIONAL Plaintiff failed to establish at trial that John Edward was uninsured or underin-sured at the time of the accident.

Matter of Succession of Sims

464 So. 2d 991 · Louisiana Court of Appeal · Feb 26, 1985

The first element, i.e., the thing demanded, was not established by the stipulated facts. … "However, the bill as finally passed was clearly a compromise proposal.

Frank Alaimo v. Racetrack at Evangeline Downs, Inc.

Louisiana Court of Appeal · Feb 2, 2005

or contributing to the injury, death, or loss shall be determined, regardless of whether the person is a party to the action or a nonparty, and regardless of the person’s insolvency, ability to pay, immunity … Here, the plaintiff established that the horse was lost. 1 The plaintiff explained that, in a race won by the horse, the successful jockey is paid ten percent of the horse’s earnings.

Opinion Number

Louisiana Attorney General Reports · May 16, 2003

GASB-14 clearly notes that an interest in the remaining assets of an entity when liquidated is not considered to provide the government entity with access to the entity's resources. j. … We are not qualified, nor do we have sufficient first hand information, to make such a determination.

Donna D. Johnson, Et Ux. v. State of Louisiana, Dept. of Transportation & Development

Louisiana Court of Appeal · Feb 15, 2012

We are compelled to review the record in its entirety to determine whether the jury‟s finding was clearly wrong or manifestly erroneous. Id. … His own testimony demonstrates that he is indeed qualified to be an expert on that subject, and has been qualified as such by courts in the past.

State of Louisiana v. Jarvis Ballard

Louisiana Court of Appeal · Jul 21, 2021

(2) The factual circumstances establishing the timeliness of the application. … Clearly, because the claim of ineffective assistance of counsel in the instant application is predicated on a new substantive claim, it was error for the district court to dismiss it as impermissibly repetitive.

Quinn v. State, Through Dept. of Highways

464 So. 2d 357 · Louisiana Court of Appeal · Feb 1, 1985

3) Was Sylvanus Walker qualified as an expert in accident reconstruction and was his explanation based on the evidence? … The State devoted some eleven pages of its brief in an attempt to establish that Mr. Walker's conclusions were not valid.

State v. Monette

758 So. 2d 362 · Louisiana Court of Appeal · Mar 22, 2000

. *364 New Orleans Police Department Criminalist Corey Hall was qualified by stipulation as an expert in the field of forensic chemistry. Mr. … Finally, the State did not provide evidence establishing that the defendant had in any way attempted to obtain cocaine.

Trascher v. Territo

89 So. 3d 357 · Supreme Court of Louisiana · May 8, 2012

Clearly, if a witness provides testimony at trial but the opposing party never is given the opportunity to cross-examine him, there would be grounds to strike the testimony given. Further, the reference in La. … In this case, a scheduled deposition taken because the deponent was not expected to live more than six months does not qualify under the dying declaration exception. Mr.

King v. Mason

95 So. 2d 705 · Louisiana Court of Appeal · Jun 28, 1957

We are of the opinion that the facts in this case bring it clearly within the exception to the rule * * *." … The authority cited is clearly inapplicable to the situation here. As pointed out heretofore, Mason handled no products.

State v. Griffin

540 So. 2d 1144 · Louisiana Court of Appeal · Feb 28, 1989

The record clearly establishes that the trial court did not consider the motion in question and defendant did not re-urge the motion in question. … Darwin Givins' testimony about the victim's last statements was admissible because the statements would qualify as "excited utterances" and "dying declarations." See, State v.

Ryan v. Blount Bros. Const., Inc.

927 So. 2d 1242 · Louisiana Court of Appeal · Apr 19, 2006

The coverage issues involved included whether the employer's failure to become a qualified self-insurer rendered the excess insurance policy invalid; whether the employer's failure to become a qualified self-insurer precluded … Frazier, although qualified as an insurance agent, was not licensed as a solicitor for the Gibson agency.

Proshee v. Shree, Inc.

893 So. 2d 939 · Louisiana Court of Appeal · Feb 2, 2005

This exclusion applies to all individuals or entities qualifying as an insured under Section II — Who Is An Insured, including any and all Additional Insureds." EXCLUSION — ASSAULT AND BATTERY 1. … exclusion would apply regardless of who committed the battery, the Court found that the insurer was required to show the lack of a genuine factual dispute that plaintiff's injuries resulted from an intentional tort in order to establish

Deville v. LaGrange

379 So. 2d 37 · Louisiana Court of Appeal · Mar 21, 1980

The evidence clearly preponderates, then, in favor of plaintiff being the father of the child." … Donald Ray admitted that he collaborated with Marie (by helping her rent an apartment) in order that Marie and the child would qualify for welfare payments as support.

Spiers v. Consolidated Companies, Inc.

125 So. 2d 795 · Louisiana Court of Appeal · Mar 21, 1960

The rule established in the Rottman case was extended in Jackson v. … Such statements had been made without qualification, and what we held in the Rottman case was 'that such statements were too broad, and we qualified the rule by holding that, when a defendant sees another in peril of which

State v. Monk

454 So. 2d 421 · Louisiana Court of Appeal · Aug 10, 1984

BY THE COURT: I rule that he's qualified." Defendant contends that the refusal of the challenge for cause by the trial judge of Mr. Steadman was in error. … BY THE COURT: I think the Voir Dire examination speaks clearly for itself on the relationship and how she will act as a juror.

Istre v. Meche

916 So. 2d 307 · Louisiana Court of Appeal · Nov 2, 2005

They argued that Officer Buchanan was not negligent and that he and the City of Rayne were immune from liability pursuant to La.R.S. 9:2798.1(B). Plaintiffs opposed the motion. … I find that there are clearly genuine issues of material fact that must be determined by a trier of fact at a trial on the merits and that summary judgment is not appropriate at this stage of the proceedings.

Sims-Smith, Ltd. v. Stokes

466 So. 2d 480 · Louisiana Court of Appeal · Feb 11, 1985

Defendant, who contracted to advise plaintiff in the development, opening and establishment of the store, has appealed. … We find no error in the trial judge's refusal to qualify as an expert the witness defendant offered to prove the value of her services. That individual, Ms.

Waller v. State, Department of Health & Hospitals

11 La.App. 3 Cir. 643 · Louisiana Court of Appeal · Nov 9, 2011

and, 2) does the record indicate that the finding was clearly wrong? Id. … “A contract is formed by the consent of the parties established through offer and acceptance.” La.Civ.Code art. 1927.

Sea Robin Pipeline Co. v. NEW MEDICO CLINIC

809 So. 2d 176 · Louisiana Court of Appeal · Jun 22, 2001

The Medico records, however, clearly show that he reported incidents of other patients frightening him, [5] and the sworn statement of Mrs. Fage reveals he reported such incidents to *180 her. Furthermore, Dr. … reliability tests, and further, the experts should not be permitted to relate their opinions on the credibility of the non-testifying incompetent witness. *184 Testimony on credibility has the effect of putting an impressively qualified