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CIVIL PROCEDURE

1.Suit interrupts prescription, even if dismissed for non-service within 90 days, resolving a split in the circuits.
Bordelon v. Medical Cntr. of Baton Rouge, 03-C-0202 (La. 10/21/03) [11 pp.]
From LSCR Volume 11, Issue 11
          Plaintiffs the Bordelons timely filed this medical malpractice suit against defendants Dr. Zaruski and the Medical Center on February 6, 199... view full summary
2.Defendant entitled to return of amount paid in satisfaction of judgment reversed on appeal and remanded.
Gootee Construction, Inc. v. Amwest Surety Ins. Co., 2003-CC-0144 (La. 10/10/03) [7 pp.]
From LSCR Volume 11, Issue 11
          Plaintiff Gootee was a contractor who subcontracted with PGP for glass work on a construction job. Defendant Amwest was PGP's performance su... view full summary
TORTS

3.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
4.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
STATE AND LOCAL GOVERNMENT

5.Parish sales tax penalties may exceed 15%, overruling recent precedent.
Anthony Crane Rental v. Fruge, 03-C-0115 (La. 10/21/03) [12 pp.]
From LSCR Volume 11, Issue 11
          Plaintiff ACR filed suit against the Parish of Calcasieu to contest the assessment of delinquent sales and use taxes, along with interest, p... view full summary
WORKERS' COMPENSATION

6.Claimant's failure to disclose a pre-existing, unrelated injury does not result in forfeiture of benefits.
Nabors Drilling USA v. David Davis, 2003-C-0136 (La. 10/21/03) [21 pp.]
From LSCR Volume 11, Issue 11
          
          The Court granted certiorari and reversed. The "Second Injury Fund" statute,... view full summary
7.Notice of "denial" of benefits is sufficient to warn of potential "forfeiture" of benefits; resolving a split in the circuits.
Stiner v. Antoni's Italian Caf?, 03-C-0209 (La. 10/21/03) [12 pp.]
From LSCR Volume 11, Issue 11
          Claimant Stiner fell from a ladder on the job, sustaining injuries to her back, neck, and stomach. Indemnity and medical benefits were paid ... view full summary
8.Penalties for wrongfully reducing benefits construed.
Gwendolyn Chelette v. Riverwood International USA, Inc., 03-C-1483 (La. 10/17/03) [2 pp.]
From LSCR Volume 11, Issue 11
          The only issue on this application for certiorari was "whether the court of appeal erred in affirming an award of a penalty pursuant to LSA-... view full summary
CRIMINAL

9.Juror may favor the credibility of police officers because of their "training."
State v. Kang, 2002-K-2812 (La. 10/21/03) [10 pp.]
From LSCR Volume 11, Issue 11
          Defendant was convicted of second degree murder for a drive-by shooting. He moved for new trial on the ground of the district court's refusa... view full summary
10.Smuggling items that are "contraband" under prison rules is not a criminal offense; statute held unconstitutional.
State v. Corey Miller, 2003-KK-0206 (La. 10/21/03) [13 pp.]
From LSCR Volume 11, Issue 11
          When deputies at the Jefferson Parish Correctional Center ("JPCC") found a silver-colored cellular phone plugged into a charger behind a TV ... view full summary
11.Copious blood loss insufficient to support conviction for second degree battery.
State v. Jason Helou, 2002-K-2302 (La. 10/23/03) [16 pp.]
From LSCR Volume 11, Issue 11
          Defendant appeals his conviction of second degree battery. Mr. and Mrs. Floyd Richard were in a store parking lot in Lafayette when a young ... view full summary