Archive of LSCR Articles

Showing results for LSCR volume 12 LSCR issue 3
Jump to a direct Volume/Issue
TORTS

1.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
2.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
BAR / DISCIPLINARY / ETHICS

3.Judge disciplined for failure to issue timely rulings.
In re: Judge Marcus Clark, 2003-O-2920 (La. 02/20/04) [21 pp.]
From LSCR Volume 12, Issue 3

          When Judge Marcus Clark of the Fourth Judicial District Court for the Parish of Ouachita appeared before the Judiciary Commission of Lou... view full summary
INSURANCE

4.UM coverage of separate-property cars construed.
Mayo v. State Farm Mut. Auto. Ins. Co., 2003-C-1801 (La. 2/25/04) [16 pp.]
From LSCR Volume 12, Issue 3
          This case interprets a fine point of UM coverage in automobile insurance. Scotty and Melissa Mayo bought cars prior to their marriage. Scott... view full summary
CIVIL PROCEDURE

5.New trial was an abuse of discretion; supervisory writ granted. Brian Campbell v. Tork, Inc., 2003-CC-1341
(La. 02/20/04) [11 pp.]
From LSCR Volume 12, Issue 3
          When Brian Campbell, finance and insurance manager for Benson BMW/Isuzu/Volkswagen, Inc., arrived for work on February 22, 1995, and attempt... view full summary
6.Summary judgment reversed; trial court is not to weigh testimony.
Hutchinson v. Knights of Columbus, 2003-C-1533 (La. 2/20/04) [14 pp.]
From LSCR Volume 12, Issue 3
          Plaintiffs the Hutchinsons filed suit to recover damages for personal injuries suffered by Mrs. Hutchinson when she tripped and fell over el... view full summary
STATE AND LOCAL GOVERNMENT

7.Back pay awarded for loss of job that was later eliminated.
Howard v. West Baton Rouge Sch. Bd., 2003-C-1426 (La. 2/20/04) [5 pp.]
From LSCR Volume 12, Issue 3
          Plaintiff Howard was a tenured vocational instructor whose tenure was revoked in March, 1997. Howard appealed his termination; and ultimatel... view full summary
8.Allowing commissioners to determine probable cause is not unconstitutional.
State v. Ifiany Obrinna Umezulike, 03-KA-1404 (La. 02/25/04) [17 pp.]
From LSCR Volume 12, Issue 3
          On January 28, 2000, Commissioner Diana Simon of the Fifteenth Judicial District, issued a search warrant for the vehicle and home of defend... view full summary
WORKERS' COMPENSATION

9.Claimant may not "transfer" his claim to another district by refiling.
Lewis v. Folger's Coffee Co., 03-CC-3127 (La. 2/13/04) [2 pp.]
From LSCR Volume 12, Issue 3
          Claimant filed a workers' compensation claim in OWC District 6, St. Tammany Parish. The employer filed a petition for forfeiture of benefits... view full summary
CRIMINAL

10."Indecent behavior with juveniles" requires awareness by the juvenile.
State v. Interiano, 2003-KA-1760 (La. 2/13/04) [18 pp.]
From LSCR Volume 12, Issue 3

          Defendant's 10-month-old daughter was found by the pediatrician to have contracted gonorrhea. There was no evidence that she was sexuall... view full summary
11.Court of appeal may not reverse suspension of sentence sua sponte.
State v. Parker, 03-K-2736 (La. 2/20/04) [2 pp.]
From LSCR Volume 12, Issue 3
          "Granted. The order of the court of appeal is vacated and the defendant's sentence is reinstated. The state did not move in the district cou... view full summary