Archive of LSCR Articles

Showing results for LSCR volume 12 LSCR issue 12
Jump to a direct Volume/Issue
MEDICAL MALPRACTICE

1.MMA scope strictly construed; failure to repair wheelchair lies outside the MMA.
Williamson v. Hospital Service District No. 1 of Jefferson, 2004-C-0451 (La. 12/01/04) [16 pp.]
From LSCR Volume 12, Issue 12
          Plaintiff alleged that after she was discharged from the West Jefferson Medical Center, and as she was being pushed by wheelchair to the par... view full summary
TORTS

2.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
3.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
BAR / DISCIPLINARY / ETHICS

4.Judge suspended for appearing in public in blackface with afro wig.
In re: Ellender, 2004-O-2123 (La. 12/13/04) [19 pp.]
From LSCR Volume 12, Issue 12

          Respondent Judge Timothy Ellender has been a district judge in the 32nd J.D.C. for over 20 years, and has no prior disciplinary record. ... view full summary
CIVIL PROCEDURE

5.Declaratory judgment not available for disputes raised only in litigation.
Prator v. Caddo Parish, 2004-C-0794 (La. 12/1/04) [9 pp.]
From LSCR Volume 12, Issue 12
          Caddo Parish Sheriff filed this suit against Caddo Parish ("Parish") seeking a declaratory judgment that he did not owe the Parish a credit ... view full summary
STATE AND LOCAL GOVERNMENT

6.Mandamus not available to force the legislature to pay a judgment against the state.
Hoag v. State of Louisiana, 2004-CD-0857 (La. 12/1/04) [10 pp.]
From LSCR Volume 12, Issue 12
          In 1984, the legislature enacted La.R.S. S 33:1559 entitled "Extra Compensation for Coroners," providing $540 per month to be paid by the st... view full summary
CRIMINAL

7.Pro bono capital defendants deprived of state funding may have equal protection challenge.
State ex rel. Williams v. State of Louisiana, 2004-KP-0575 (La. 12/1/04) [9 pp.]
From LSCR Volume 12, Issue 12
          Defendant Williams was convicted of first-degree murder and sentenced to death. Counsel was appointed pro bono to assist him with post-convi... view full summary
8.Unconstitutional to probate incompetent defendant who has not been committed.
State v. Denson, 04-KA-0846 (La. 12/1/04) [11 pp.]
From LSCR Volume 12, Issue 12
          Defendant Denson was charged with robbery, but was found unfit to stand trial because of mental retardation, paranoia, and unspecified psych... view full summary
9.Circumstantial evidence sufficient to establish possession of drugs hidden in car. State v. Major, 2003-K-3522 (
La. 12/01/04) [13 pp.]
From LSCR Volume 12, Issue 12
          On June 9, 1997, State Trooper Lanny Bergeron pulled over a white 1997 Nissan Sentra driven by defendant Arthur Major III and occupied by th... view full summary