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Showing results for LSCR volume 11 LSCR issue 8
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TORTS

1.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
CONTRACTS

2.Act of sale in full ownership transferred only a servitude, where corporate resolution only authorized a servitude.
Abshire v. Vermillion Parish Sch. Bd., 02-C-2881 (La. 6/27/03) [ pp.]
From LSCR Volume 11, Issue 8
          Plaintiff property owners filed this suit against the Vermillion Parish School Board ("Board") for a declaratory judgment that they are the ... view full summary
MEDICAL MALPRACTICE

3.Neither interrogatories nor exceptions are available to force a Med Mal claimant to amplify his allegations.
Harold Ross Perritt v. Grant Dona, 2002-CC-2601 c/w 2002-CC-2603 (La. 2/7/03) [21 pp.]
From LSCR Volume 11, Issue 8
          
          The Court granted certiorari in three consolidated medical malpractice revie... view full summary
CIVIL PROCEDURE

4.Jury trial available on the issue of worker's comp. immunity, overruling controlling precedent.
Brewton v. Underwriters Ins. Co., 2002-CC-2852 (La. 6/27/03) [7 pp.]
From LSCR Volume 11, Issue 8
          Plaintiff and her husband, who are both employed by the same company, were driving back from a business dinner when the husband fell asleep ... view full summary
CONSTITUTIONAL LAW

5.Statutes providing for special Orleans grand jury proceedings an unconstitutional "local law."
State v. Dilosa, 2002-KA-2222 (La. 6/27/03) [7 pp.]
From LSCR Volume 11, Issue 8
          Defendants were indicted in 1999 in Orleans Parish of possession of heroin with intent to distribute. In 2001, they filed motions to quash t... view full summary
CRIMINAL

6.Right to resist unlawful arrest does not permit resistance to unlawful stop-and-frisk.
State v. Jeremy Sims, 2000-K-2208 (La. 6/27/03) [13 pp.]
From LSCR Volume 11, Issue 8
          Defendant, an 18-year-old, was wrongly stopped on suspicion of violating evening curfew for minors, was convicted of possession of cocaine f... view full summary
7.Unauthorized entry conviction affirmed.
State v. Davis, 02-K-1043 (La. 6/27/03) [4 pp.]
From LSCR Volume 11, Issue 8
          Defendant was convicted of unauthorized entry of an inhabited dwelling, La.R.S. S 14:62.3(A). The victim , a self-confessed cocaine addict, ... view full summary
ADMINISTRATIVE

8.Teacher fired by a school board after a removal hearing must pay the costs of transcribing the record for appeal.
L.D. Spears, Jr. v. Beauregard Parish Sch. Bd., 2002-CC-2870 (La.6/27/03) [9 pp.]
From LSCR Volume 11, Issue 8
          Charged with four acts of dishonesty, and after a hearing by the school board in accordance with La.R.S. Section 17:443, plaintiff Spears wa... view full summary