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Showing results for LSCR volume 12 LSCR issue 8
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TORTS

1.Medical care charges "written off" pursuant to Medicaid are not recoverable damages.
Bozeman v. State, DOTD, 2003-C-1016 (La. 02/07/04) [32 pp.]
From LSCR Volume 12, Issue 8
          Plaintiff Bozeman suffered brain damage and other injuries when the right wheels of his car dropped off the shoulder of Highway 173 just nor... view full summary
2.Date of death controls application of comparative fault in asbestos wrongful death suits.
Landry v. Avondale, 2003-C-3432 (La. 7/2/04) [15 pp.]
From LSCR Volume 12, Issue 8
          Plaintiffs filed suit for damages after plaintiff Landry was diagnosed in January, 2002 with mesothelioma from asbestos exposure that occurr... view full summary
MEDICAL MALPRACTICE

3.State health care physicians can be named as codefendants under MLSSA, but cannot be cast in judgment.
Rose Detillier v. Kenner Regional Medical Center, 2003-CC-3259 (La. 07/06/04) [19 pp.]
From LSCR Volume 12, Issue 8
          Plaintiffs' decedent died in Kenner Regional Medical Center ("Kenner Regional") while being treated for insulin-dependent diabetes and relat... view full summary
CIVIL PROCEDURE

4.Service must be requested within 90 days, but request need not be filed.
Willborn v. Vermillion Parish Police Jury, 04-CC-1074 (La. 7/2/04) [1 p.]
From LSCR Volume 12, Issue 8
          "Granted. La.R.S. 13:5107(D) provides that in suits against the state or a political subdivision, service of citation shall be requested wit... view full summary
CRIMINAL

5.DWI Third Offense cannot be enhanced with habitual offender bill.
State v. Campbell, 03-K-3035 (La. 7/6/04) [15 pp.]
From LSCR Volume 12, Issue 8
          The State charged defendant Campbell with driving on March 16, 2002 while intoxicated -- third offense. The defendant had prior DWI convicti... view full summary
6.Felony arrest records may be expunged, not destroyed.
State v. Expunged Record (#) 249,044, 03-KA-1940 (La. 7/2/04) [13 pp.]
From LSCR Volume 12, Issue 8
          On January 9, 1998, appellee was arrested for the felony offenses of Obstruction of Justice and False Impersonation. The alleged violations ... view full summary
7.Prior DWI guilty plea where counsel was waived may support recidivist DWI conviction.
State v. Deville, 04-KK-1401 (La. 7/2/04) [6 pp.]
From LSCR Volume 12, Issue 8
          Defendant moved to quash the bill charging him with a DWI Third Offense. One of the two prior convictions was a guilty plea entered in Missi... view full summary