Archive of LSCR Articles
Showing results for LSCR volume 12 LSCR issue 8 | Jump to a direct Volume/Issue
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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 |
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