Archive of LSCR Articles

Showing results for LSCR volume 11 LSCR issue 1
Jump to a direct Volume/Issue
TORTS

1.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
MEDICAL MALPRACTICE

2.Nursing home case covered by MMA only when wrongdoing sounds in medical malpractice.
Richard v. Louisiana Extended Care Centers, 2002-C-0978 (La. 1/14/03) [14 pp.]
From LSCR Volume 11, Issue 1
          Plaintiffs' decedent, a 92-year-old double amputee, was confined in a nursing home when she suffered bruises and lacerations to her head and... view full summary
CIVIL PROCEDURE

3.Premature ruling on constitutional issue erroneous.
Ring v. State, DOTD, 2002-CA-1367 (La. 1/14/03) [9 pp.]
From LSCR Volume 11, Issue 1
          Plaintiff, an Illinois trucker, was stopped on an Interstate Highway in Louisiana and ticketed for failing to stop at a weigh station. The s... view full summary
WORKERS' COMPENSATION

4.Multiple penalties available for multiple infractions by employer; voc-rehab must concentrate on employee's area.
Fontenot v. Reddell Vidrine Water Dist., 2002-C-0439 (La. 1/14/03) [22 pp.]
From LSCR Volume 11, Issue 1
          These two consolidated appeals from worker's compensation awards involve two separate legal issues: (1) assessment of multiple penalties aga... view full summary
CRIMINAL

5.Dialogue captured in video tape of drug transaction was res gestae.
State v. Irvin Brooks, 01-K-0785 (La. 1/14/03) [5 pp.]
From LSCR Volume 11, Issue 1
          Defendant was convicted of distribution of cocaine. At trial, the jury during deliberations was allowed, upon their request, to review porti... view full summary
6.Savage beating supports "specific intent to kill" for attempted murder.
State v. Bishop, 01-K-2548 (La. 1/14/03) [9 pp.]
From LSCR Volume 11, Issue 1
          Defendant and an accomplice savagely and thoroughly beat an old man, cut him with a knife and broken bottle, and left him in a clump of bush... view full summary
7.Robber's sentence that was twice as long as codefendant's not excessive.
State v. Donald K. Smith, 2001-K-2574 (La. 1/14/03) [7 pp.]
From LSCR Volume 11, Issue 1
          Defendant and his codefendant Johnson were convicted of the armed robbery of $400,000 in jewelry from a store in a shopping mall. During the... view full summary
8.Res gestae crime spree admissible; death sentence affirmed.
State v. Michael Taylor, 2001-KA-1638 (La. 1/14/03) [37 pp.]
From LSCR Volume 11, Issue 1
          Defendant appeals his conviction of first-degree murder and sentence of death. The evidence showed that defendant and his codefendant Timoth... view full summary
9.Male officers' detention of female suspect while female officer arrived for pat-down not an arrest.
State v. Alisha Adams, 2001-KK-3231 (La. 1/14/03) [8 pp.]
From LSCR Volume 11, Issue 1
          Officers observed defendant, in a high crime area, run and hide from police as soon as she saw the police car. As she ran, she appeared to r... view full summary