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TORTS

1.Saints season ticket holders who attended 2019 NFC Championship game didn't have right of action against NFL.
Antonio Le Mon v. National Football League, 2019-CC-1264 (La. 09/06/2019) [5 pp.]
From LSCR Volume 27, Issue 9
     Plaintiffs are New Orleans Saints season ticket holders who attended the 2019 NFC Championship game between the Saints and the Los Angeles Rams. Plaintiffs... view full summary
2.Plaintiff entitled to JNOV in claim against DOTD for ice on bridge.
Sherry Boothe v. Louisiana Department of Transportation and Development, 2018-C-1746 (La. 06/26/19) [15 pp.]
From LSCR Volume 27, Issue 6

          In December 2008 it snowed in the Baton Rouge area. The morning after the snowstorm, plaintiff was crossing the Comite River Bridge afte... view full summary
3.Jury should hear evidence of amount of medicals discounted by workers' comp reimbursement schedule, not undiscounted amount.
Kerry Simmons v. Cornerstone Investments, LLC, (La. 05/08/2019) [17 pp.]
From LSCR Volume 27, Issue 5
     Plaintiff was employed by Cintas at its warehouse in Pineville. He was injured at work when attempting to close a roll-up rear bay door that had jammed. Cintas paid worker... view full summary
4.DOTD entitled to summary judgment in claim re defective intersection.
Robert G. Murphy v. Shauntal Savannah, 2018-C-0991 (La. 05/08/2019) [17 pp.]
From LSCR Volume 27, Issue 5
     Plaintiff was operating his motorcycle in Shreveport on Louisiana Highway 538, known as Old Mooringsport Road, traveling south on the two-lane highway. At the... view full summary
5.Defendants entitled to summary judgment on punitive damages claim alleging intoxication.
Obadiah Stephenson, Jr. v. Bryce W. Hotard, 2019-CC-0478 (La. 05/20/2019) [3 pp.]
From LSCR Volume 27, Issue 5
     Plaintiff was rear-ended by a truck driven by defendant Bryce Hotard and owned by defendant Sunbelt Rentals, Inc. In his suit against defendants, plaintiff in... view full summary
6.Court reinstates summary judgment for shopping center owner in suit by patron shot in parking lot.
Reuben Ellis v. Quincy T. Quiett, 2019-C-0065 (La. 03/25/19) [2 pp.]
From LSCR Volume 27, Issue 3
     Plaza Holdings, LLC, the owner of a shopping center, leased a portion of the space to Good Life Productions, Inc. to operate an establishment called Bella Noche. ... view full summary
7.Court remands claims by adopted children arising from the wrongful death of their biological father.
Khristy Goins Rismiller v. Gemini Insurance Company, 2018-CC-2089 (La. 02/18/19) [1 p.]
From LSCR Volume 27, Issue 2
     This case arose from a tragic auto accident involving an eighteen-wheeler in October 2015 in Concordia Parish. Richard Stewart and his two minor children were killed in th... view full summary
8.Court reverses summary judgment for defendants in case involving three-vehicle collision.
Raven Boyance v. United Fire and Casualty Co., 2018-C-886 (La. 10/08/18) [1 p.]
From LSCR Volume 26, Issue 10
     This case arose out of a three-vehicle collision on I-10 in St. Martin Parish. Plaintiff alleged she was driving a vehicle with her son in a car seat in the rear when W... view full summary
9.Court reverses summary judgment dismissal of plaintiff's claims for damages from fallen utility pole.
Cynthia Gayle v. Dixie Electric Membership Corp., 2018-CC-0754 (La. 09/28/18) [3 pp.]
From LSCR Volume 26, Issue 9
     A utility pole installed by defendant fell during a storm and crushed a vehicle operated by plaintiff. Plaintiff filed suit, and defendant moved for summary judgm... view full summary
10.Prescriptive period for false arrest and imprisonment begins at date of arrest, not release.
Marlon Eaglin v. Eunice Police Department, 2017-C-1875 (La. 06/27/18) [14 pp.]
From LSCR Volume 26, Issue 7
     On May 4, 2015, the Eunice Police Department arrested Marlon Eaglin, Paul Powell, and two others and charged them with second degree murder. Eaglin and Pow... view full summary
11.State not entitled to summary judgment in case involving injury on waterway at unlit bridge.
Jennifer Elizabeth Lee v. Pearl River Basin Land & Development Co., LLC, 2018-CC-0355 (La. 06/25/18) [2 pp.]
From LSCR Volume 26, Issue 6
     Craig Allen Lee was operating his vessel at about 2:30 a.m. on a waterway in St. Tammany Parish known as the "pump slough" when he struck his head on an unlit bridge. Lee ... view full summary
12.Land owner had no duty to conduct controlled burns of marshland and was entitled to summary judgment in case brought as a result of marshland fire.
Scott Lowe v. Noble, LLC, 2017-C-1948 (La. 02/09/18) [2 pp.]
From LSCR Volume 26, Issue 2
     Oak Island consists of 1,482.60 acres of marshland south of Interstate 10 in New Orleans between the Bayou Sauvage National Wildlife Refuge and Interstate 510. It is owned... view full summary
13.Court increases general damages and loss of consortium awards calculated by court of appeal.
Kimberly Thibodeaux v. James Donnell, M.D., 2017-C-0909 (La. 10/27/17) [3 pp.]
From LSCR Volume 25, Issue 11
     Editor's note: The Court granted a supervisory writ and issued an opinion in this matter on January 20, 2017, and again on October 27, after remand to the court of appeal... view full summary
14.Court reinstates award for survival damages in electrocution case.
Charles Thompson v. David Crawford, 2017-C-1400 (La. 11/13/17) [2 pp.]
From LSCR Volume 25, Issue 11
     Dan Thompson was electrocuted and killed when he came into contact with a live electrical wire at the Spanish Moon Bar in Baton Rouge in 2013. Nearly 8,000 volts of electr... view full summary
15.For anti-SLAPP law to apply, protected statements must concern public issue, even if made in judicial proceeding.
Philip Shelton v. Nancy Pavon, 2017-CC-0482 (La. 10/18/17) [26 pp.]
From LSCR Volume 25, Issue 10
     After plaintiff's wife died he discovered that she had removed him as beneficiary of an insurance policy on her life and instead named defendant ... view full summary
16.Court reduces $23M maritime tort punitive damages award as excessive.
Ron Warren v. Shelter Mutual Insurance Company, 2016-C-1647 (La. 10/18/17) [57 pp.]
From LSCR Volume 25, Issue 10
     In May 2005 Derek Hebert was a passenger in a 1998 Champion boat driven by his friend and owned by his friend's father. The boat was travelling in a channel of the Calcasi... view full summary
17.Summary judgment not appropriate in suit against stable for horse bite.
Danielle Larson v. XYZ Insurance Company, 2016-C-0745 (La. 05/03/17) [16 pp.]
From LSCR Volume 25, Issue 5
     Plaintiff is an Illinois resident who frequently came to New Orleans to visit her boyfriend. On her visits to New Orleans, she often visited Equest Farm, located ... view full summary
18.District court had jurisdiction to hear tort claims arising from termination of state troopers.
Todd Huval v. State of Louisiana, 2016-CC-1857 (La. 05/03/17) [12 pp.]
From LSCR Volume 25, Issue 5
     Plaintiffs Todd Huval and Chad Boyer are former Louisiana State Troopers. They were terminated in 2007 after an investigation resulted in accusations ... view full summary
19.Coco high/low rule does not apply when reviewing court disturbs factual finding on causation.
Kimberly Thibodeaux v. James F. Donnell, M.D., 2016-C-0570 (La. 01/20/17) [30 pp.]
From LSCR Volume 25, Issue 1
     In 2003 plaintiff became pregnant with her fourth child. In mid-November, during her twenty-ninth week of pregnancy, plaintiff was hospitalized for fou... view full summary
20.Court reverses award of pre-judgment interest on future damages in Jones Act case.
Ernest Guidry v. ABC Insurance Co., 2016-C-2013 (La. 01/23/2017) [1 p.]
From LSCR Volume 25, Issue 1

     Plaintiff was injured while working as a welder on a floating mat for a bulkhead construction project when a vibrating hammer hit him. He brought claims u... view full summary
21.Court reverses summary judgment for defendant: fact dispute existed as to whether dimly lit stairwell was unreasonably dangerous.
Shannon Rodrigue v. The Baton Rouge River Center, 2016-CC-2075 (La. 01/25/17) [3 pp.]
From LSCR Volume 25, Issue 1
     Plaintiff filed suit against defendants after she was injured in a stairwell at the Baton Rouge Riverside Performing Centroplex. She alleged the lighting in the s... view full summary
22.Court recalls writ in case involving fallen tree and deposition testiimony introduced at trial.
Larry Mitchell v. Louisiana DOTD, 2016-C-1097 (La. 01/25/17) [8 pp.]
From LSCR Volume 25, Issue 1
     During stormy weather in Ruston, a large pine tree fell across a roadway and onto plaintiff's car. The tree also caused a utility pole to fall. Plaintiff suf... view full summary
23.On rehearing, Court adds loss of consortium recovery.
Brandy Fecke v. LSU Board of Supervisors, 2015-C-1806 c/w 2015-C-1807 (La. 10/19/16) [2 pp.]
From LSCR Volume 24, Issue 10

          The Court's original opinion in this case was issued September 23, 2016. (See LSCR Vol. 24, No. 9). A twenty-three year old senior... view full summary
24.Court addresses res nova issues regarding damages, interest, and fees in Louisiana Governmental Claims Act case.
Brandy Fecke v. LSU Board of Supervisors, 2015-C-1806 c/w 2015-C-1807 (La. 09/23/16)[30 pp.]
From LSCR Volume 24, Issue 9

    Plaintiff was a twenty-three-year-old senior at LSU when she fractured the talus bone in her ankle while participating in a compulsory rock climbing assignment ... view full summary
25.Summary judgment on liability based on res ipsa loquitur was improper.
Angelina Cantuba v. The American Bureau of Shipping, 2016-CC-0081 (La. 03/24/16) [1 p.]
From LSCR Volume 24, Issue 4

          This protracted litigation was instituted by relatives and personal representatives of Greek and Filipino seamen who were ... view full summary
26.Defendant entitled to summary judgment in cracked sidewalk injury case.
Francis Elaine Reagan v. The Recreation and Park Commission for the Parish of East Baton Rouge, 2015-CC-1662 (La. 12/04/15) [1 p.]
From LSCR Volume 23, Issue 12

          Plaintiff sued defendant alleging she was injured as a result of a cracked sidewalk. Defendant produced evidence that th... view full summary
27.Genuine issues of fact existed in wrongful death case as to whether wife knew husband was likely to drive her vehicle in an impaired state.
Randy J. Toups v. James G. Dantin, 2015-C-1635 (La. 11/06/15 ) [2 pp.]
From LSCR Volume 23, Issue 11

          By 2011 James Dantin had a history of drug and alcohol related charges stretching back more than thirty years, including more than fif... view full summary
28.Claim for damages as a result of probation officer's erroneously forcing plaintiff to register as a sex offender was prescribed.
Meiko Prevo v. State of Louisiana, 2015-C-0823 (La. 11/20/15) [19 pp.]
From LSCR Volume 23, Issue 11

          In April 2000 plaintiff was arrested in East Baton Rouge Parish for the felony offense of crime against nature. She ultimately pleaded... view full summary
29.Collateral source rule did not apply to portion of medical bill written-off by provider pursuant to agreement with counsel.
Eddie Hoffman v. 21st Century North America Ins. Co., 2014-C-2279 (La. 10/02/15) [12 pp.]
From LSCR Volume 23, Issue 10

          Plaintiff's automobile was rear-ended by defendant in Baton Rouge. In seeking treatment for his alleged injuries, plaintiff underwent ... view full summary
30.Store's statutory duty in slip and fall case did not prevent allocation of fault to subcontracting janitor.
Patricia Ann Thompson v. Winn-Dixie Montgomery, Inc., 2015-C-0477 (La. 10/14/15) [18 pp.]
From LSCR Volume 23, Issue 10

          Plaintiff slipped and fell in a puddle of water in front of a meat case while shopping at a Winn-Dixie store in New Iberia. Winn-Dixie... view full summary
31.Licensed contractor shielded from personal liability by LLC although residence was not constructed at proper flood elevation.
Jennifer Nunez v. Pinnacle Homes, LLC, 2015-C-0087 (La. 10/14/15) [20 pp.]
From LSCR Volume 23, Issue 10

          Plaintiff entered into a contract with Pinnacle Homes, LLC for the construction of a home in Cameron Parish. Allen Lena... view full summary
32.Louisiana does not recognize cause of action for negligent spoliation of evidence.
Richard Reynolds v. Robert Bordelon, III, 2014-C-2362 (La. 06/30/15) [18 pp.]
From LSCR Volume 23, Issue 7

          Plaintiff sustained injuries in a multi-vehicle accident in St. Tammany Parish and filed suit against another driver. He also asserted... view full summary
33.Auto manufacturer entitled to summary judgment as to defective airbag claim where plaintiff failed to meet his burden.
Richard Reynolds v. Robert Bordelon, III, 2014-C-2371 (La. 06/30/15) [14 pp.]
From LSCR Volume 23, Issue 7

          In a companion appeal to the one discussed above, plaintiff sought relief from the district court's grant of summary judgment to ... view full summary
34.Dismissal of criminal prosecution under art. 691 can constitute a bona fide termination of the prosecution in favor of the accused for purposes of malicious prosecution claim.
Scott D. Lemoine v. Elizabeth P. Wolfe, 2014-CQ-1546 (La. 03/17/15) [22 pp.]
From LSCR Volume 23, Issue 3

          In this case, the Court answered a certified question from the U.S. Court of Appeals for the Fifth Circuit. The facts, presented in a ... view full summary
35.Defendant entitled to summary judgment where plaintiff produced no evidence that defendant's parking area was unreasonably dangerous; Broussard opinion did not preclude summary judgment.
Hazel Allen v. Hattie Lockwood, 2014-CC-1724 (La. 02/13/15) [6 pp.]
From LSCR Volume 23, Issue 2

          The Wesley Chapel United Methodist Church sits in a small patch of partially cleared woods in rural St. Helena Parish. Those attending... view full summary
36.Hospital not entitled to summary judgment in slip and fall of patient.
Mark B. Becker v. Jefferson Parish Hospital District, 2014-C-1849 (La. 11/21/14) [1 p.]
From LSCR Volume 22, Issue 11

          In 2006, plaintiff went to East Jefferson General Hospital for treatment after being involved in a car accident. While following an at... view full summary
37.Contractor did not owe duty to French Quarter pedestrian who was injured by cyclist while crossing street next to construction dumpster.
Roy Bufkin, Jr. v. Felipe's Louisiana, LLC, 2014-CC-0288 (La. 10/15/14) [18 pp.]
From LSCR Volume 22, Issue 10

          Plaintiff, a French Quarter resident, was walking down Conti Street when he encountered a construction barrier blocking... view full summary
38.City entitled to summary judgment in cracked sidewalk case.
Relius Jenkins v. Larry Anthony Doucet, 2014-CC-0879 (La. 06/30/14) [1 p.]
From LSCR Volume 22, Issue 7

          Plaintiff sued the City of Baton Rouge and other defendants, alleging that he fell on a sidewalk due to a crack or deviation and was i... view full summary
39.One-year time period for bringing a survival action under art. 2315.1 is prescriptive, not peremptive.
Patricia Watkins v. Exxon Mobil Corporation, 2013-CC-1545 (La. 05/07/14) [17 pp.]
From LSCR Volume 22, Issue 5

          James Hicks died in 1986. In 2011, his daughter filed a survival action pursuant to La. Civ. Code art. 2315.1 and a wrongful death act... view full summary
40.Testimony regarding minor's confession to priest was admissible; issue of whether priest should have reported sexual abuse of minor by adult parishioner was for factfinder.
Parents of Minor Child v. George J. Charlet, Jr., 2013-C-2978 (La. 04/04/14) [8 pp.]
From LSCR Volume 22, Issue 4

          Plaintiffs alleged that in the summer of 2008, sixty-four year old George J. Charlet, Jr., a well-known parishioner at Our Lady of... view full summary
41.Public park entitled to rely on Recreational Use Immunity Statute despite collection of nominal usage fees.
Tyron Eastwood v. Niblett's Bluff Park Authority, 2013-CC-2408 (La. 04/17/14) [1 p.]
From LSCR Volume 22, Issue 4

          Plaintiffs claimed to have sustained injuries while at Niblett's Bluff Park in Calcasieu Parish. In response, the Park filed a motion ... view full summary
42.Railroad and City entitled to summary judgment in wrongful death claim where decedent pedestrian could have looked for and seen oncoming train but instead crossed tracks without looking in either direction.
Donald Davis v. Canadian National Railway, 2013-C-2959 c/w 2013-C-2963 (La. 04/17/14) [3 pp.]
From LSCR Volume 22, Issue 4

          Plaintiff's mother was killed by an oncoming train as she attempted to walk across the railroad tracks at Taylor Street in Kenner. Pla... view full summary
43.Plaintiff in slip-and-fall case failed to prove constructive notice of cup on floor at Dollar General.
David Guillot v. Dolgencorp, LLC, 2013-C-2953 (La. 03/21/2014) [1 p.]
From LSCR Volume 22, Issue 3

          Plaintiff was shopping in the Dollar General store in Marksville when he slipped and fell on a McDonald's cup containi... view full summary
44.Court reinstated district court judgment finding contributory negligence and denying future medical damages in school bus accident case.
Shenan Smith Purvis v. Grant Parish School Board, 2013-C-1424 (La. 02/14/14) [16 pp.]
From LSCR Volume 22, Issue 2

          Plaintiff was driving her automobile in rural Grant Parish southbound along a narrow, unpaved road with no striped centerline of demar... view full summary
45.Summary judgment mandated for casino in slip and fall case.
Ramanda Houston v. PNK (Bossier City), Inc. d/b/a Boomtown Casino and Hotel, 2013-CC-1991 (La. 01/27/14) [3 pp.]
From LSCR Volume 22, Issue 1

          Plaintiff slipped and fell as she exited a bus in the parking lot of Boomtown Casino in Bossier City during rainy weather. Defendant m... view full summary
46.Drug manufacturers did not violate MAPIL with arguably off-label representations about drug to Louisiana health care providers.
"Buddy" Caldwell v. Janssen Pharmaceutical, Inc., 2012-C-2447 c/w 2012-C-2466 (La. 01/28/14) [26 pp.]
From LSCR Volume 22, Issue 1

          Defendants manufacture the drug Risperdal, an atypical antipsychotic considered to be highly beneficial in treating schi... view full summary
47.Used car purchaser's claim of inadequate airbag warning labels dismissed on summary judgment as to automobile dealership.
Lenshonda Alexander v. Toyota Motor Sales, U.S.A., 2013-C-0756 (La. 09/27/13) [9 pp.]
From LSCR Volume 21, Issue 9

          After obtaining a used 1995 Toyota Corolla by way of a trade-in, Lakeside Toyota sold the car to A- Quality Auto Sales, LLC, a used ca... view full summary
48.Discovery rule cannot apply to suspend prescription of UCC conversion claims.
Specialized Loan Servicing, L.L.C. v. Donyelle January, 2012-CC-2668 (La. 06/28/13) [24 pp.]
From LSCR Volume 21, Issue 7

          Donyelle January owned property in New Iberia. Plaintiff serviced a note and mortgage agreement affecting the property. Assurant S... view full summary
49.Court reinstates district court's rulings on ADA fee shifting statute in case involving $1.6 million fee award against McNeese.
Collette Josey Covington v. McNeese State University, 2012-C-2182 (La. 05/07/13) [23 pp.]
From LSCR Volume 21, Issue 5

          This Americans with Disabilities Act (ADA) case arose in 2001 when plaintiff, a student at McNeese State University, sustained inju... view full summary
50.Differential in elevator floor was not an open and obvious hazard although it was observed by plaintiff; Court reinstated $1 million verdict for UPS delivery driver.
Paul F. Broussard v. State, 2012-C-1238 (La. 04/05/13) [34 pp.]
From LSCR Volume 21, Issue 4

          A 1998 roofing project at the State-owned Wooddale Tower, an office building in Baton Rouge, caused the elevators to operate erratical... view full summary
51.Volunteer firefighters not immune from tort suits against each other.
Rodney Champagne v. American Alternative Insurance Corp., 2012-CC-1697 (La. 03/19/13) [15 pp.]
From LSCR Volume 21, Issue 3

          Plaintiff, a volunteer firefighter with the Duson Volunteer Fire Department, was injured in 2010 while testing a water hose on a pumpe... view full summary
52.R.S. Section 30:29 did not preclude recovery of excess remediation damages; summary judgment inappropriate as to successor status of defendant.
State v. Louisiana Land and Exploration Company, 2012-C-0884 (La. 01/30/13) [44 pp.]
From LSCR Volume 21, Issue 2

          Plaintiffs, the State and the Vermillion Parish School Board, filed suit against several defendants seeking damages and remediation... view full summary
53.OPLSA provides indemnity action in favor of overhead power line owner.
Daniel Moreno v. Entergy Corporation, 2012-C-0097 (La. 12/04/12) [26 pp.]
From LSCR Volume 20, Issue 12

          General contractor Carl E. Woodward entered into a contract with the owners of a Walgreen's Shopping Center in Metai... view full summary
54.General damages award reversed in negligence case against insurance agency, but award of attorney's fees affirmed.
Kirk E. Prest v. Louisiana Citizens Property Insurance Corporation, 2012-C-0513 (La. 12/04/12) [24 pp.]
From LSCR Volume 20, Issue 12

          Plaintiff owned property in Boothville that he used to operate a hunting and fishing business. In 2003, the insurance agency o... view full summary
55."Excessive force" exception to immunity did not apply to use of force by inmates.
Melissa Taylor v. City of Leesville, 2012-CC-1163 (La. 10/08/12) [1 p.]
From LSCR Volume 20, Issue 10

          Plaintiff sued the City of Leesville and others, alleging she was assaulted and raped by inmates on a work detail. At the time of the ... view full summary
56.Summary judgment appropriate: plaintiff failed to present evidence that her slip and fall was due to defect in premises.
Leila Mansoor v. Jazz Casino Company, LLC d/b/a Harrah's New Orleans, 2012-CC-1546 (La. 09/21/12) [2 pp.]
From LSCR Volume 20, Issue 9

          Plaintiff alleged that, while on defendant's premises, she tripped and was injured. During discovery, she admitted she did not know wh... view full summary
57.Dismissal of defamation claim warranted: plaintiff presented no evidence of malice or lack of good faith.
Phil Williams v. The New Orleans Ernest N. Morial Convention Center, 2012-CC-1201 (La. 09/21/12) [2 pp.]
From LSCR Volume 20, Issue 9

          Plaintiff was employed as a carpenter by Freeman Decorating. He was involved in a scuffle with his supervisor while working at the Ern... view full summary
58.Apartment owner had no duty to prevent bicycle riding on sidewalks.
Tanya Lato Ponceti v. First Lake Properties, Inc., 2011-C-2711 (La. 07/02/12) [6 pp.]
From LSCR Volume 20, Issue 7

          Plaintiff and her seven-year-old daughter, Kaitlynn, lived in an apartment complex in Mandeville owned by defendant. Kaitlynn was ridi... view full summary
59.Jury verdict for defendant reinstated; jury interrogatory not improper.
Patricia Bourque v. Essex Insurance Co., 2012-C-0810 (La. 06/15/12) [1 p.]
From LSCR Volume 20, Issue 6

          Plaintiff alleged that on August 19, 2002, she was injured when an improperly installed florescent light fixture fell from her kitchen... view full summary
60.Defendants entitled to summary judgment; risk should have been obvious.
Peter Caserta, Jr. v. Wal-Mart Stores, Inc., 2012-CC-0853 (La. 06/22/12) [2 pp.]
From LSCR Volume 20, Issue 6

          Plaintiff went to Wal-Mart Tire & Lube Express to have new tires installed on a truck. The Wal-Mart technician could not remove th... view full summary
61.District court judgment reversed where plaintiff's inattentiveness was cause of auto accident.
Jeryd Zito v. Advanced Emergency Medical Services, Inc., 2011-C-2382 (La. 05/08/12) [16 pp.]
From LSCR Volume 20, Issue 5

          In 2006 an ambulance belonging to defendant was disabled and parked on the shoulder of the southbound lanes of Louisia... view full summary
62.Choice of law analysis resulted in application of Louisiana law and reversal of punitive damages awards in toxic tort case.
Craig Steven Arabie v. Citgo Petroleum Corporation, 2010-C-2605 (La. 03/13/12) [51 pp.]
From LSCR Volume 20, Issue 3

          In 2006 a severe rainstorm resulted in the overflow of the wastewater treatment facility at CITGO's Lake Charles refinery. A major oil... view full summary
63.Deviation in sidewalk did not create unreasonable risk of harm.
Arlene Chambers v. Village of Moreauville, 2011-C-898 (La. 01/24/12) [19 pp.]
From LSCR Volume 20, Issue 1
In 2008, plaintiff was walking home from a funeral when she tripped and fell because her boot caught a one-and-one-quarter to one-and-one-half inch ledge in the sidewalk. She sustained a comminuted ... view full summary
64.Class certification reversed in toxic tort litigation.
Roger E. Price v. Roy O. Martin, 2011-C-0853 (La. 12/06/11) [28 pp.]
From LSCR Volume 19, Issue 12
The Dura-Wood Treating Company operates a wood-treating facility in Alexandria, Louisiana. In 2003, five plaintiffs residing and owning property near the facility filed suit individually... view full summary
65.No violation of privacy where auto insurer produced medical records pursuant to subpoena.
Matthew G. Alessi v. Thomas E. Loehn, 2011-CC-1914 (La. 12/16/11) [6 pp.]
From LSCR Volume 19, Issue 12
In 2005, plaintiff made a claim against Safeway Insurance Company of Louisiana after being involved in an auto accident with a Safeway insured. Plaintiff submitted his medical records a... view full summary
66.Failure to appeal underlying judgment did not bar legal malpractice claim, but lack of expert testimony resulted in summary judgment.
MB Industries, LLC v. CNA Insurance Company, 2011-C-0303 c/w 2011-C-0304 (La. 10/25/11) [23 pp.]
From LSCR Volume 19, Issue 10
In prior litigation, plaintiff sued two former employees for breach of a non-compete agreement and misappropriation of confidential trade secrets. Plaintiff was represented by attorneys John Weinste... view full summary
67.False arrest claim against DSS prescribed when file was closed more than one year earlier.
Kirk Richard v. Kimberly Babin Richard, 2011-C-0229 (La. 10/25/11) [7 pp.]
From LSCR Volume 19, Issue 10
The Department of Social Services (DSS) conducted two investigations of plaintiff in response to reports of child abuse. The first concluded in April 2006, and the second concluded May 29, 2008. At ... view full summary
68.State employees may assert Jones Act claims against State.
Desi Fulmer v. State, 2010-C-2779 (La. 07/01/11) [14 pp.]
From LSCR Volume 19, Issue 7
Plaintiff was employed by the State of Louisiana, Department of Wildlife and Fisheries, and was assigned to the crew of a state-owned vessel in navigation. He allegedly sustained serious injuries to... view full summary
69.DOTD not liable in overturned backhoe case.
Lola Brooks v. State, 2010-C-1908 (La. 07/01/11) [19 pp.]
From LSCR Volume 19, Issue 7
Jesse Brooks, Jr. was employed as an operating engineer in an industrial area of St. Gabriel. He was driving a backhoe on the shoulder of Highway 30 to deliver it to another company a short distance... view full summary
70.Suit against immune statutory employer interrupted prescription as to third party tortfeasor.
Mitchell S. Glasgow v. PAR Minerals Corp., 2010-C-2011 (La. 05/10/11) [19 pp.]
From LSCR Volume 19, Issue 5
On September 27, 2007, plaintiff was injured in a fire at an oil well site. Prior to that time, PAR Minerals, Inc. had contracted with mineral owners to produce oil and gas at the site. PAR, in turn... view full summary
71.Bleachers from which plaintiff fell not unreasonably dangerous.
Jeanine Pryor v. Iberia Parish School Board, 2010-C-1683 (La. 03/15/11) [11 pp.]
From LSCR Volume 19, Issue 3

          In 2004 plaintiff attended a high school football game at Lloyd G. Porter Stadium, a facility owned and maintained by the Iberia Paris... view full summary
72.Riding of oil well pump was not a reasonably anticipated use.
Robbie Payne v. Brett Gardner, 2010-C-2627 (La. 02/18/11) [5 pp.]
From LSCR Volume 19, Issue 2

          In 2004, 13-year-old Henry Goudeau climbed onto the moving pendulum of an oil well pump in rural Rapides Parish and attempted to "ride... view full summary
73.Employee's consent to DNA testing destroyed invasion of privacy claim.
Frank Tate v. Woman's Hospital Foundation, 2010-C-0425 (La. 01/19/11) [8 pp.]
From LSCR Volume 19, Issue 1

          Plaintiff was employed by defendant in its maintenance department. In 2006, one of his co-workers reported that someone had "put urine... view full summary
74.Jury's damage awards reinstated.
James Lastrapes v. Progressive Security Insurance Company, 2010-C-0051 (La. 11/30/10) [12 pp.]
From LSCR Volume 18, Issue 12
In November 2004 James Lastrapes was involved in an auto accident caused by Lessie Vizinat. He complained of neck pain 2 days later, saw his family physician, and began a regime of physical therapy ... view full summary
75.Vehicle sale was factual question subject to de novo review.
Mark Allerton v. Leslie Broussard, 2010-C-2071 (La. 12/10/10)[4 pp.]
From LSCR Volume 18, Issue 12
In October 2005, Leslie Broussard was driving a Ford Explorer when she crossed 2 lanes of traffic and struck plaintiff as he stood in a parking lot. Broussard left the scene, prompting an investigat... view full summary
76.Oilfield contamination tort claims prescribed; $20 million punitive damages award set aside.
Donald Marin, Sr. v. Exxon Mobil Corporation, 2009-C-2368 c/w 2009-C-2371 (La. 10/19/10) [60 pp.]
From LSCR Volume 18, Issue 10

          Plaintiffs E.F. Marin, III, Veronica Marin Breaux, and Donald Marin inherited 204 acres of marsh and fields in St. Mary Parish burdene... view full summary
77.Damages reduced in chemical leak class action.
Howard v. Union Carbide, 2009-C-2750 (La. 10/19/10) [13 pp.]
From LSCR Volume 18, Issue 10

          On September 10, 1998, a chemical leak occurred at a plant owned by defendant in Taft, Louisiana. As a result of the 17 hour leak, appro... view full summary
78.Retailer had no duty to instruct buyers on fit and wearing of bicycle helmet.
Herman Carrier v. City of Amite, 2010-CC-0007 (La. 10/19/10) [10 pp.]
From LSCR Volume 18, Issue 10

          6-year-old Blake Carrier was injured while riding his bicycle on a municipal tennis court in May2002. He was wearing a bicycle helmet hi... view full summary
79.Plaintiffs had constructive knowledge of contamination due to gas leak.
David Hogg v. Chevron USA, Inc., 2009-CC-2632 (La. 07/06/10) [41 pp.]
From LSCR Volume 18, Issue 7
          Plaintiffs own property neighboring a gas station in Ruston. The gas station had 3 underground gasoline storage tanks, which were replaced i... view full summary
80.Prescribed tort claims precluded unjust enrichment.
Walters v. Medsouth Record Management, LLC, 2010-CC-0351 c/w 0352 & 0353 (La. 06/04/10) [3 pp.]
From LSCR Volume 18, Issue 6
Plaintiff filed suit alleging damages from defendant's "negligent failure to follow the statutory limits of La. R.S. Section 40:1299.96(A)(2)(b)," by charging plaintiff's attorney a fee for obtaining... view full summary
81.Court reinstates overturned jury verdict.
Melba Lee See v. Entergy Corp., 2010-C-0065 (La. 06/04/10) [2 pp.]
From LSCR Volume 18, Issue 6
In this civil matter the district court overturned the jury's verdict, and the Third Circuit affirmed. In a brief opinion, the Court granted a supervisory writ and reinstated the jury's verdict. The ... view full summary
82.Court broadens class of plaintiffs who have standing under LUTPA.
Cheramie Services, Inc. v. Shell Deepwater Production, Inc., 2009-C-1633 (La. 04/23/10) [22 pp.]
From LSCR Volume 18, Issue 4
Cheramie Services, Inc. (Cheramie) supplies support personnel for offshore activities. It entered into a written contract with Shell Deepwater Production, Inc. (Shell) to furnish clerical support and... view full summary
83.Bystander damages not available, where plaintiff did not see the tortious act.
Robert Veroline v. Priority One EMS, 2009-C-1040 (La. 10/9/2009) [6 pp.]
From LSCR Volume 17, Issue 10
          On July 4, 2005, plaintiff Joshua Paul Veroline and his sister Heather were spending time with friends at Toledo Bend Lake, when Heather inj... view full summary
84.DOTD not at fault; jury verdict reinstated.
Randy Fontenot v. Patterson Insurance, 2009-C-0669 (La. 10/20/09) [23 pp.]
From LSCR Volume 17, Issue 10
          Plaintiff Randy Fontenot and his wife filed this suit to recover damages for personal injuries sustained in an automobile collision with def... view full summary
85.Court of appeal erred in increasing damage award.
Guillory v. Lee, 2009-C-0075 (La. 6/26/09) [39 pp.]
From LSCR Volume 17, Issue 7
          Plaintiff Byron Guillory filed this suit to recover damages for personal injuries he allegedly suffered when his pickup truck was struck on ... view full summary
86.Class certification of plaintiffs in mass tort cases construed.
Brooks v. Union Pac. R.R., 2008-C-2035 (La. 5/22/09) [23 pp.]
From LSCR Volume 17, Issue 6
          In 1995, a heavy rainstorm in the City of Oakdale resulted in large scale flooding on the east side of the elevated Union Pacific Railroad (... view full summary
87.UM insurer may exclude double recovery for comp. benefits; collateral source rule inapplicable.
Mary Cutsinger v. Laura Redfern, 2008-C-2607 (La. 5/22/09) [17 pp.]
From LSCR Volume 17, Issue 6
          Plaintiff Mary Cutsinger filed this suit to recover damages for personal injuries arising out of an accident with an automobile driven by de... view full summary
88.Mesothelioma not an occupational disease under 1952 WCA; $2.8 million in damages affirmed.
Ray F. Rando v. Anco Insulations, 2008-C-1163 c/w 2008-C-1169 (05/22/09) []
From LSCR Volume 17, Issue 6
          On September 23, 2005, at 59 years of age, Ray Rando (Rando) was diagnosed with mesothelioma, a cancer caused by exposure to asbestos. In No... view full summary
89.First amendment right to petition does not vitiate tort liability for government corruption.
Astoria Entertainment v. DeBartolo, 2008-C-1690 (La. 5/22/09) [18 pp.]
From LSCR Volume 17, Issue 6
          Plaintiff Astoria Entertainment (Astoria) filed this suit against defendants Edward DeBartolo, Jr. (DeBartolo) and Robert Guidry (Guidry), e... view full summary
90.State not a proper defendant in employment discrimination suit by judicial employee.
Dejoie v. Hon. Lloyd Medley, 2008-C-2223 (La. 5/5/09) [18 pp.]
From LSCR Volume 17, Issue 5
          Plaintiff Monique Bossiere Dejoie filed this suit alleging gender and pregnancy discrimination under the Louisiana Employment Discrimination... view full summary
91.Resurfacing project not a "reconstruction" of the road by DOTD.
Forbes v. Cockerham, 2008-C-0762 (La. 1/21/09) [46 pp.]
From LSCR Volume 17, Issue 2
          Plaintiff, 9-year-old Joshua Forbes, filed this suit to recover damages for serious injuries he suffered when the car in which he was riding... view full summary
92.Writ granted, summary judgment granted, defamation claim dismissed.
Cyprien v. Bd. of Supers. of La. Univ., 2008-CC-1067 (La. 1/21/09) [12 pp.]
From LSCR Volume 17, Issue 2
          Plaintiff Glenn Cyprien filed this suit for defamation and bad faith breach of contract after defendant the University of Louisiana at Lafay... view full summary
93.Hole in logging road not unreasonable risk of harm; supervisory writ granted.
Dauzat v. Curnest Guillot Logging, 08-CC-0528 (La. 12/2/08) [8 pp.]
From LSCR Volume 16, Issue 12
          Defendants seek review of the denial of their motion for summary judgment. Defendant Lake Pearl Company ("Lake Pearl") is the owner of timbe... view full summary
94.Shareholder of insurer in liquidation has no right of action for corporate mismanagement.
James H. "Jim" Brown, Comm'r of Insurance v. ANA Ins. Group, 07-C-2116 (La. 10/14/08]
From LSCR Volume 16, Issue 10
          The Commissioner of Insurance appeals a judgment in favor of a former shareholder of an insurance company in liquidation. Plaintiff-in-recon... view full summary
95.Law requiring that pollution damages award be used to remediate pollution is constitutional.
M. J. Farms v. Exxon Mobil Corp., 07-CA-2371 (La. 7/1/08) [38 pp.]
From LSCR Volume 16, Issue 9
          Plaintiff M.J. Farms filed suit on April 25, 2006 against numerous defendant oil companies, including Exxon Mobil Corporation, alleging that... view full summary
96.Toxic tort on a vessel prescribed; 1-year period governs.
Denoux v. Vessel Management Services, 07-C-2143 (La. 5/21/08) [18 pp.]
From LSCR Volume 16, Issue 6
          Plaintiffs are former employees of Vessel Management Services ("VMS"), who allegedly suffered injuries from exposure to toxic fumes between ... view full summary
97.Supplemental jury instruction did not taint verdict; Exxon liable for acid release.
Adams v. Rhodia, Inc., 07-C-2110 (La. 5/21/08) [18 pp.]
From LSCR Volume 16, Issue 5
          Plaintiff Larry Adams, an employee of Rhodia, Inc., was seriously injured on the job when a sulfuric acid storage tank overpressurized, caus... view full summary
98.Liability of employer's UM insurer reduced by amount of workers' compensation benefits.
Eugene Bellard v. American Central Ins. Co., 07-C-1335 c/w 07-C-1399 (La. 4/18/08) [39 pp.]
From LSCR Volume 16, Issue 4
          The question presented is whether plaintiff's employer's UM carrier is entitled to a credit for medical and disability wage benefits paid on... view full summary
99.Lessor liable for nuisance caused by lessee's business.
Yokum v. 615 Bourbon Street, 07-C-1785 (La. 2/26/08) [29 pp.]
From LSCR Volume 16, Issue 3
          Plaintiffs reside at 723 Toulouse Street in New Orleans, in close proximity to 615-617 Bourbon Street ("the property"). The entity "615 Bour... view full summary
100.Knowledge of a bad result in litigation is not "discovery" of legal malpractice.
Teague v. St. Paul Fire and Marine Ins. Co., 07-C-1384 (La. 2/1/08) [20 pp.]
From LSCR Volume 16, Issue 2
          Plaintiff, Michael A. Teague, M.D., who was sued by his patient for medical malpractice, filed this suit against his defense attorneys for l... view full summary
101.On rehearing: Dismissal of DOTD does not require reallocation of fault.
Hebert v. Rapides Parish Police Jury, 06-C-2001 (La. 4/11/07) (on rehearing) [10 pp.]
From LSCR Volume 16, Issue 1
          Plaintiffs the Heberts brought a wrongful death and survival action against the State through DOTD and the Rapides Parish Police Jury ("RPPJ... view full summary
102.Hospital's failure to have storm procedures in place does not sound in Med Mal.
Lacoste v. Pendleton Methodist Hospital, 07-CC-0008 c/w 07-CC-0016 (La. 9/5/07) [24 pp.]
From LSCR Volume 15, Issue 9
          Plaintiffs' decedent, Althea LaCoste, was admitted to defendant hospital on or about August 28, 2005, at which time she was recovering from ... view full summary
103.Breach of testimonial privilege is not grounds for tort claim.
Coutee v. Beurlot, 06-C-2943 (La. 9/5/07) [16 pp.]
From LSCR Volume 15, Issue 9
          Plaintiff Coutee was employed as a roughneck by Global Marine Drilling Company ("Global"), and was injured while working offshore. He filed ... view full summary
104.Inspections do not render DOTD liable for dangerous bridge.
Hebert v. Rapides Parish Police Jury, 06-C-2001 (La. 4/11/07) [25 pp.]
From LSCR Volume 15, Issue 5
          Plaintiffs the Heberts brought a wrongful death and survival action against the State through DOTD and the Rapides Parish Police Jury ("RPPJ... view full summary
105.Court of appeal erred in increasing damages.
Kaiser v. Hardin, 06-C-2092 (La. 4/11/07) [14 pp.]
From LSCR Volume 15, Issue 5
          Plaintiffs Thurman and Rosemary Kaiser were involved in a total of three separate automobile accidents during the span of 4 weeks. On Decemb... view full summary
106.Louisiana Emergency Vehicle Statute construed.
Rabalais v. Nash, 2006-C-0999 (La. 3/9/07) [26 pp.]
From LSCR Volume 15, Issue 4
          Plaintiff filed suit to recover damages for personal injuries he suffered when his vehicle was struck by a fire department pickup truck trav... view full summary
107.Co-counsel do not owe each other fiduciary duty.
William J. Scheffler, III v. Adams and Reese, 06-CC-1774 (La. 2/22/07) [17 pp.]
From LSCR Volume 15, Issue 3
          Plaintiff Scheffler is an attorney who was retained by Boomtown Casino Westbank ("Boomtown") to defend personal injury claims filed against ... view full summary
108.Products liability jurisprudence involving similar product does not relieve plaintiff of burden of proof.
Goldie Jack v. Alberto-Culver USA, Inc., 06-C-1883 (La. 2/22/07) [5 pp.]
From LSCR Volume 15, Issue 2
          Plaintiff, Goldie Jack, purchased a package of hair texturizer manufactured and produced by defendant, Alberto-Culver USA, Inc. Plaintiff's ... view full summary
109.Entergy liable for house fire; "clear and convincing evidence" standard does not apply.
Hanks v. Entergy Corporation, 2006-C-0477 (La. 12/18/07) [33 pp.]
From LSCR Volume 15, Issue 1
          Lightning from a thunderstorm in Union Parish, Louisiana destroyed the electrical transformer serving a lake house, resulting in a fire that... view full summary
110.Jury verdict for defense affirmed, despite presumption of causation.
Michelle Detraz v. Victor Lee d/b/a Virgin Nails, 2005-C-1263 (La. 1/17/07) [23 pp.]
From LSCR Volume 15, Issue 1
          Plaintiff Detraz received a pedicure at Virgin Nails in Lafayette, Louisiana. Several days after receiving the pedicure, Ms. Detraz develope... view full summary
111.Power co. on notice of dangerous condition, despite exoneration in previous suit involving same condition.
Foley v. Entergy Louisiana, Inc., 06-C-0983 (La. 11/29/06) [41 pp.]
From LSCR Volume 14, Issue 12
          This case arises out of a suit for personal injuries sustained when 24-year-old roofer Jeremy Foley ("Foley") and a co-worker raised a 20-fo... view full summary
112.Employer/tortfeasor's self-insurance program is not a collateral source; prior medical payments to plaintiff must be credited to tortfeasor.
Charles Albert v. Farm Bureau Ins. Co., 05-C-2496 (La. 10/17/06]
From LSCR Volume 14, Issue 10
          Plaintiffs Charles Albert and his wife filed this suit to recover damages for personal injuries that Deputy Albert suffered while taking a s... view full summary
113.Res ipsa loquitur applies in products liability.
Kevin D. Lawson v. Mitsubishi Motor Sales, 2005-CC-0257 (La. 9/26/06) [35 pp.]
From LSCR Volume 14, Issue 9
          Plaintiff Lawson purchased a used 1996 Mitsubishi Galant "program car" with 21,930 miles. Two years after the purchase, Lawson honked the ho... view full summary
114.Defamation fault standard is negligence; conditional privilege construed; establishing controlling precedent.
Kennedy v. Sheriff of East Baton Rouge, 05-C-1418 (La. 7/10/06) [33 pp.]
From LSCR Volume 14, Issue 8
          In this thorough opinion, the Court finally resolves issues of modern defamation law that have been unanswered since New York Times v. Sulli... view full summary
115.Loss of enjoyment of life can be a separate item of damages in Louisiana.
McGee v. A C and S Inc., 05-CC-1036 (La. 7/10/06) [26 pp.]
From LSCR Volume 14, Issue 8
          Plaintiffs, the widow and children of James McGee, filed the instant wrongful death and survival actions against, inter alia, decedent's for... view full summary
116.Summary judgment for paramedics; supervisory writ granted.
Lemann v. Essen Lane Daiquiris, Inc., 2005-CC-1095 (La. 3/10/06) [18 pp.]
From LSCR Volume 14, Issue 3
          Plaintiffs filed this suit to recover for the wrongful death of their son Parker, who was allegedly deprived of a chance of survival by para... view full summary
117.Jury manifestly erred in holding parent company liable for negligence of subsidiary.
Bujol v. Entergy Services, 2003-C-0492 (La. 1/19/06) [15 pp.]
From LSCR Volume 14, Issue 2

          The Court issued this opinion on rehearing to clarify its prior opinion (reported in June, 2004 LSCR). Plaintiffs filed this suit agains... view full summary
118.State not liable for condition of "orphaned" oil site; lessor does not automatically obtain ownership of improvements at expiration of lease; establishing controlling precedent.
Giorgio v. Alliance Operating Corporation, 05-C-0002 (La. 1/19/06) [29 pp.]
From LSCR Volume 14, Issue 2
          Plaintiffs filed this suit to recover damages for personal injury and property damage when their 38- foot fishing boat allided with pilings ... view full summary
119.Worker on fixed offshore platform is not a seaman; supervisory writ granted.
Suire v. William G. Helis Company, L.L.C., 05C1042 (La. 11/29/05) [2 pp.]
From LSCR Volume 14, Issue 1
          Plaintiff Suire was employed by GreyStar Corp. aboard a fixed offshore platform owned by The William G. Helis Company, L.L.C. ("Helis"). Pla... view full summary
120.DOTD not liable for selecting a railroad crossing for upgrade, and failing to upgrade it.
Long v. State, DOTD, 2004-C-0485, (La. O6/29/05) [34 pp.]
From LSCR Volume 14, Issue 1
          Plaintiffs' decedent drove her car across a railroad crossing on Harp Street in the Village of Bonita, Parish of Morehouse, and collided wit... view full summary
121.Timber trespass statute construed.
Barry Hornsby v. Bayou Jack Logging, 2004-C-1297 (La. 05/06/05) [20 pp.]
From LSCR Volume 13, Issue 5
           Plaintiffs filed this suit to recover damages to their immovable property as a result of illegal timber harvesting. In 2001, Bayou Jack Log... view full summary
122.Adult nondependents have no wrongful death remedy either under Worker's Compensation or in tort.
Deshotel v. Guichard Operating Co., 2003-C-3511 (La. 12/17/04) [26 pp.]
From LSCR Volume 12, Issue 12
          Plaintiffs are adult, nondependent children of the decedent Deshotel, who was killed in the course and scope of his employment with defendan... view full summary
123.Circumstantial evidence of negligence insufficient to carry burden of proof.
Benjamin v. HANO, 2004-C-1058 (La. 12/1/04) [10 pp.]
From LSCR Volume 12, Issue 12
          Plaintiff filed suit on behalf of her 2 S year old daughter Darione to recover damages for personal injuries she suffered when she fell out ... view full summary
124.Billion-dollar oyster verdict reversed.
Avenal v. State, Dept. of Natural Resources, 2003-C-3521 (La. 12/15/04) [46 pp.]
From LSCR Volume 12, Issue 11
          Plaintiffs filed this class action suit against the State and the Department of Natural Resources (DNR) on March 29, 1994, in the 25th Judic... view full summary
125.Granting JNOV to increase damages was abuse of discretion
Trunk v. Medical Cntr. of Louisiana, 2004-C-0181 (La. 10/19/04]
From LSCR Volume 12, Issue 10
          Plaintiff Trunk was a third year medical student who was completing a required rotation in the psychiatric ward at the Medical Center of Lou... view full summary
126.Decedent's formal acknowledgment of plaintiff rebutted by posthumous DNA test.
Turner v. Busby, 2003-C-3444 (La. 9/9/04) [23 pp.]
From LSCR Volume 12, Issue 9
          Decedent Stroughter was killed in an automobile accident. Plaintiff Onterio McWright was born to Gladysteen Harris ("Harris") on June 8, 197... view full summary
127.Medical care charges "written off" pursuant to Medicaid are not recoverable damages.
Bozeman v. State, DOTD, 2003-C-1016 (La. 02/07/04) [32 pp.]
From LSCR Volume 12, Issue 8
          Plaintiff Bozeman suffered brain damage and other injuries when the right wheels of his car dropped off the shoulder of Highway 173 just nor... view full summary
128.Date of death controls application of comparative fault in asbestos wrongful death suits.
Landry v. Avondale, 2003-C-3432 (La. 7/2/04) [15 pp.]
From LSCR Volume 12, Issue 8
          Plaintiffs filed suit for damages after plaintiff Landry was diagnosed in January, 2002 with mesothelioma from asbestos exposure that occurr... view full summary
129.Jury's disbelief of changed testimony after "Mary Carter" agreement not manifestly erroneous; defense verdict affirmed.
Bonin v. Ferrellgas, Inc., 03-C-3024 (La. 7/2/04) [13 pp.]
From LSCR Volume 12, Issue 7
          Plaintiffs filed this suit to recover damages for personal injuries they suffered when a cabin they were staying in at a campground caught f... view full summary
130.Jury award of future medicals need not agree with expert; failure to award general damages reversed.
Green v. K-Mart Corp., 2003-C-2496 (La. 5/25/04) [8 pp.]
From LSCR Volume 12, Issue 6
          Plaintiff sued to recover damages for personal injuries she sustained when merchandise fell on her head in a K-Mart store, causing permanent... view full summary
131.Parent corporation not responsible for worker safety in subsidiary.
Bujol v. Entergy Services, Inc., 2003-C-0492 c/w 2003-C-0502 (La. 5/25/04) [38 pp.]
From LSCR Volume 12, Issue 6
          Defendant Air Liquide, S.A. ("ALSA"), headquartered in France, with facilities in more than 60 countries, operates an "air separation" busin... view full summary
132.DOTD 80% at fault; drunk driver 20%.
Toston v. Pardon, 2003-C-1747 (La. 4/23/04) [21 pp.]
From LSCR Volume 12, Issue 6
          Annette Toston filed this suit as curatrix of her daughter Syvella, to recover damages for personal injuries suffered by Syvella when the ca... view full summary
133.Recreational use immunity construed; establishing controlling precedent.
Richard v. Hall, 2003-C-1488 (La. 04/23/04) [31 pp.]
From LSCR Volume 12, Issue 5
Loch Leven Plantation leased duck hunting privileges to Screening Systems International, Inc. (SSI), a closely held corporation which paid Loch Leven $10,000 to permit three SSI executives, Watson, H... view full summary
134.No liability for suicide after failed drug test.
Ramey v. Decaire, 2003-CC-1299 (La. 3/19/04) [14 pp.]
From LSCR Volume 12, Issue 4
          Plaintiff's decedent, Ramey, was a medical doctor who had a history of substance abuse. Defendant Physician's Health Foundation of Louisiana... view full summary
135.Limit of $500,000 on State's liability for general damages is per plaintiff, not per victim; resolving a split in the circuits.
Lockett v. State, DOTD, 2003-C-1767 (La. 2/25/04) [15 pp.]
From LSCR Volume 12, Issue 3
          Katy Lockett was killed in an automobile collision at the intersection of Louisiana Highway 19 and Groom Road in the City of Baker. Lockett'... view full summary
136.Filiation action may be added late to tort suit.
Reese v. State, Dept. Pub. Safety, 2003-C-1615 (La. 2/20/04) [10 pp.]
From LSCR Volume 12, Issue 3
          Plaintiffs Reese and Nabonne filed this suit to recover damages for the wrongful death of an inmate in the custody of the Department of Corr... view full summary
137.Dog owner's strict liability still requires showing that the dog posed an unreasonable risk of harm; establishing controlling precedent.
Pepper v. Triplet, 2003-C-0619 (La. 01/21/04) [29 pp.]
From LSCR Volume 12, Issue 2
          This is a dog bite case. Plaintiff Pepper, 30, custodian of his two minor children, lived with his parents next door to defendant Triplet an... view full summary
138.Police not liable for failure to render assistance; lower court manifestly erred.
Oubre v. Ezlaih, 2003-C-1133 (La. 2/6/04) [14 pp.]
From LSCR Volume 12, Issue 2
          Plaintiff was a taxi cab driver whose cab stalled on the Interstate at night in the rain. He had to push it into an emergency lane, where it... view full summary
139.Legal malpractice allegations not actionable in defamation.
Costello v. Hardy, 2000-C-1146 (La. 01/21/04) [30 pp.]
From LSCR Volume 12, Issue 2
          Decedent Joseph Costello, unmarried and with no children, asked his friend and longtime attorney Ashton Hardy to draft a will leaving the bu... view full summary
140.Finding of liability of DOTD not manifestly erroneous.
Henderson v. Nissan Motor Corp., 2003-C-0606 (La. 02/06/04) [14 pp.]
From LSCR Volume 12, Issue 2
          Plaintiff Henderson brought this suit against the Louisiana Department of Transportation and Development ("DOTD") to recover damages for per... view full summary
141.Loss of consortium damages for wrongful death unavailable for pre- 1982 asbestos exposure.
Landry v. Avondale Industries, 2003-CC-0719 (La. 12/3/03) [15 pp.]
From LSCR Volume 11, Issue 12
          Plaintiff's decedent was exposed to work-related asbestos from 1959 to 1974. In January, 2002, he was diagnosed with mesothelioma, from whic... view full summary
142.Sheriff owed no duty to protect juvenile who was killed twelve hours after release from adult jail.
Lois Lazard v. Sheriff Charles Foti, 2002-CC-2888 (La. 10/21/03) [16 pp.]
From LSCR Volume 11, Issue 11
          In this wrongful death action, plaintiffs' decedent, 16-year-old Frank Lazard, III ("Frank") was arrested on May 23, 1996, for aggravated ba... view full summary
143.Jury did not err in according more weight to IME physician than to treating physician.
Iris Miller v. Eric D. Clout, III, 2003-C-0091 (La. 10/21/093) [8 pp.]
From LSCR Volume 11, Issue 11
          Plaintiff Iris Miller suffered personal injuries when her automobile was rear-ended on August 15, 1998. Liability was admitted, and the part... view full summary
144.Police not liable for failure to provide escort for overloaded 18- wheeler.
Clifford Davis, Jr. v. Charles Witt, 2002-C-3102 (La. 7/2/2003) [24 pp.]
From LSCR Volume 11, Issue 8
          Plaintiffs' decedents were killed when they struck creosote poles projecting from the rear of an 18-wheeler driven by defendant Witt. They s... view full summary
145."Special mission" confers "portal-to-portal" comp coverage; establishing controlling precedent.
McLin v. Industrial Specialty Contractors, 2002-C-1539 (La. 7/2/03) [11 pp.]
From LSCR Volume 11, Issue 7
          Claimant was sent by his employer, ISC, from ISC's location in Geismar, Louisiana, to a safety seminar in Baton Rouge. He normally drove to ... view full summary
146.On rehearing: environmental plaintiffs' damages proved by preponderance of evidence.
William G. Corbello v. Iowa Production, Shell Oil Co., 2002-C-2826 (La. 6/20/03), on reh'g [5 pp.]
From LSCR Volume 11, Issue 7
          In the Court's original opinion in this case (reported in March, 2003 LSCR), the Court held that defendant Shell Oil Company's liability for... view full summary
147."Aggressor doctrine" no longer a defense to battery; overruling controlling precedent.
Landry v. Bellanger, 2002-C-1443 (La. 5/20/03) [19 pp.]
From LSCR Volume 11, Issue 6
          Plaintiff Landry was drunk when he insulted defendant Bellanger in a bar, threatened to "whip [his] ___," and poked him in the chest. Bellan... view full summary
148.Dept. of Health and Hospitals liable for negligent enforcement of Sanitary Code.
Eileen Gregor v. Argenot Great Cent. Ins. Co., 2002-C-1138 (La. 5/20/03) [18 pp.]
From LSCR Volume 11, Issue 5
Plaintiffs filed suit to recover damages for the personal injury and wrongful death of Daniel Gregor, who died of vibrio vulnificus septicemia, after consuming raw oysters at a restaurant in Louisian... view full summary
149.Voc rehab counselor not immune from tort suit under WCA.
Brown v. Adair, 2002-C-2028 (La. 4/9/03) [8 pp.]
From LSCR Volume 11, Issue 4
          Plaintiff Brown was injured on the job as a sous chef at a restaurant, and received worker's compensation disability and medical benefits. T... view full summary
150.JNOV in personal injury suit reversed.
Cassandra Robinson v. Chantelle Fontenot, 2002-C-0704 (La. 2/7/03) [11 pp.]
From LSCR Volume 11, Issue 2
          Plaintiff filed suit against a nurse working for an emergency room doctor. The nurse had spilled ice on the floor of the ER, and plaintiff s... view full summary
151.Park owes no duty to protect non-golfers from flying golf balls.
McGuire v. New Orleans City Park Improvement Assoc., 2002-C-1401 (La. 1/14/03) [11 pp.]
From LSCR Volume 11, Issue 1
          Plaintiff suffered a ruptured testicle when struck in the groin by a flying golf ball while jogging through a street traversing City Park. P... view full summary
152."Significant exposure" to asbestos determines date of injury for application of worker's compensation immunity.
Alfred Austin v. Abney Mills, Inc., 2001- C- 1598 (La. 9/4/02) [27 pp.]
From LSCR Volume 10, Issue 9
Plaintiff suffers from malignant pleural mesothelioma, a long-latency asbestos-related disease, which he allegedly contracted during his employment from 1955 to 1998. Plaintiff was diagnosed with mes... view full summary
153.Prison guard hit during training may sue for intentional tort.
Cole v. State of Louisiana, 01-C-2123 (La. 9/4/02) [18 pp.]
From LSCR Volume 10, Issue 9
Plaintiff Cole, a prison guard in a "tactical" unit at Phelps Correctional, was involved in a training simulation at another prison, in which Cole and other tactical guards were role-playing as angry... view full summary
154.Dismissal of prior suit on venue grounds does not support malicious prosecution claim.
Ronald J. Savoie v. Richard L. Rubin, et al., 01-CC-3275 c/w 01-CC-3276 [5 pp.]
From LSCR Volume 10, Issue 7
Dr. Richard Rubin filed suit against attorney Savoie in Orleans Parish (Rubin I), then filed a similar suit in Jefferson Parish (Rubin II). Savoie excepted to Rubin I on venue grounds, and the except... view full summary
155.Indemnification allowed for indemnitee's own negligence.
Yolanda Berry, et al. v. Orleans Parish School Board, et al., 01-CC-3283 (La. 6/21/02) [7 pp.]
From LSCR Volume 10, Issue 7
Plaintiffs filed separate lawsuits on behalf of their minor children against the Lighthouse for the Blind and Orleans Parish School Board ("OPSB"), alleging that their children were sexually molested... view full summary
156.Directed verdict proper in grocery store slip-and-fall.
Walter W. Moore v. Brookshire Grocery Company, Inc., 02-C-0525 (La. 6/21/02) [1 p.]
From LSCR Volume 10, Issue 7
"Writ granted. The trial court did not err in granting defendant's motion for directed verdict. No reasonable person could conclude from this testimony presented by plaintiff that the grapes were on ... view full summary
157.Business owner not liable to teenage trespassers who suffered injury.
Lisa Racine v. Moon's Towing, 01-CC-2837 (La. 5/14/02) [7 pp.]
From LSCR Volume 10, Issue 5
Plaintiff's sons Hunter and Logan, fifteen and fourteen years old, respectively, entered the premises of Goldwasser Moving and Storage without permission. After climbing a water tower and dropping ob... view full summary
158.Expert witnesses not immune from malpractice liability to their litigant-clients.
Marrogi v. Howard, 2001-CQ-1106 (La. 1/15/02) [24 pp.]
From LSCR Volume 10, Issue 1
          This is a certified question from the U.S. Court of Appeals for the Fifth Circuit: "Under Louisiana law, does witness immunity bar a claim a... view full summary
159.Seat belt nonuse not admissible to show comparative fault in any lawsuit, but may be admissible to show automobile crashworthiness.
Rougeau v. Hyundai Motor America, et al., 01-CC-1182 (La. 1/15/02) [17 pp.]
From LSCR Volume 10, Issue 1

          Plaintiff filed this suit to recover damages for personal injuries she suffered when her car veered without warning into a utility pole.... view full summary
160.Emergency personnel liable only for gross negligence when engaged in certain activities.
Lenard v. Dilley, 01-CC-1522 (La. 1/15/02) [8 pp.]
From LSCR Volume 10, Issue 1
          Plaintiff's decedent was killed when the car she was driving struck an ambulance that was parked partially in the left lane of traffic while... view full summary
161.Person is not "handicapped" merely because his injury limits his work activities.
Delaney v. City of Alexandria, 01-CC-1076 (La. 11/28/01) [7 pp.]
From LSCR Volume 9, Issue 12
          Plaintiff injured his shoulder on the job while working for the City of Alexandria as a pump maintenance foreman. After surgery and one year... view full summary
162.Summary judgment for defense in parking lot rape case.
Goins v. Wal-Mart, 01-CC-1136 (La. 11/28/01) [10 pp.]
From LSCR Volume 9, Issue 12
          Mother filed suit on behalf of her minor daughter to recover damages after daughter was abducted from Wal-Mart's parking lot and raped. On t... view full summary
163.Jury manifestly erred in finding age discrimination in employment.
Donna Labove, et vir. v. Roy Raftery, Jr., et al., 00-C-1394 c/w 00-C-1423 (La. 11/28/01) [26 pp.]
From LSCR Volume 9, Issue 11
          Plaintiff bank employee filed suit against her employer seeking damages for alleged age discrimination and/or intentional infliction of emot... view full summary
164.Blood transfusion strict liability cases are not subject to medical malpractice peremption period; overruling recent precedent.
Nelson Nadine Williams v. Jackson Parish Hospital, 00-C-3170 (La. 10/16/01) [17 pp.]
From LSCR Volume 9, Issue 10
          Plaintiff received a blood transfusion in 1980, and developed hepatitis C fifteen years later, allegedly as a result of the transfusion. Sui... view full summary
165.Punitive damages article cannot be applied retroactively.
John Anderson and Eva Washington Anderson v. Avondale Industries, Inc., No. 00-CC-2799 (La. 10/16/01) [11 pp.]
From LSCR Volume 9, Issue 10
          Plaintiff worked with asbestos from 1968 to 1980. In 1984, the legislature passed La. Civ. Code art. 2315.3, which allowed recovery of punit... view full summary
166.Land-based ship welder not a Jones Act seaman.
Richard v. Mike Hooks, Inc., No. 01-C-0145 (La. 10/16/01) [8 pp.]
From LSCR Volume 9, Issue 10
          Plaintiff Richard was a tacker/welder's helper in a dockside yard that was primarily used to repair th e vessels and equipment used in defen... view full summary
167.Defendant who negligently damages power lines is liable to utility's customers
Cleco Corp. v. Leonard Johnson, No. 2001-CC-0175 (La. 9/18/01) [8 pp.]
From LSCR Volume 9, Issue 9
          Plaintiff Cleco Corp. brought this action for damages suffered by its customers when defendant driver ran his dump truck into a utility pole... view full summary
168.Jury should hear evidence of amount of medicals discounted by workers' comp reimbursement schedule, not undiscounted amount.
Kerry Simmons v. Cornerstone Investments, LLC, (La. 05/08/2019) [17 pp.]
From LSCR Volume 5, Issue 27
     Plaintiff was employed by Cintas at its warehouse in Pineville. He was injured at work when attempting to close a roll-up rear bay door that had jammed. Cintas paid worker... view full summary
169.DOTD entitled to summary judgment in claim re defective intersection.
Robert G. Murphy v. Shauntal Savannah, 2018-C-0991 (La. 05/08/2019) [17 pp.]
From LSCR Volume 5, Issue 27
     Plaintiff was operating his motorcycle in Shreveport on Louisiana Highway 538, known as Old Mooringsport Road, traveling south on the two-lane highway. At the... view full summary
170.Defendants entitled to summary judgment on punitive damages claim alleging intoxication.
Obadiah Stephenson, Jr. v. Bryce W. Hotard, 2019-CC-0478 (La. 05/20/2019) [3 pp.]
From LSCR Volume 5, Issue 27
     Plaintiff was rear-ended by a truck driven by defendant Bryce Hotard and owned by defendant Sunbelt Rentals, Inc. In his suit against defendants, plaintiff in... view full summary
171.Jury should hear evidence of amount of medicals discounted by workers' comp reimbursement schedule, not undiscounted amount.
Kerry Simmons v. Cornerstone Investments, LLC, (La. 05/08/2019) [17 pp.]
From LSCR Volume 5, Issue 27
     Plaintiff was employed by Cintas at its warehouse in Pineville. He was injured at work when attempting to close a roll-up rear bay door that had jammed. Cintas paid worker... view full summary
172.DOTD entitled to summary judgment in claim re defective intersection.
Robert G. Murphy v. Shauntal Savannah, 2018-C-0991 (La. 05/08/2019) [17 pp.]
From LSCR Volume 5, Issue 27
     Plaintiff was operating his motorcycle in Shreveport on Louisiana Highway 538, known as Old Mooringsport Road, traveling south on the two-lane highway. At the... view full summary