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Showing results for LSCR volume 17 LSCR issue 10
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TORTS

1.Bystander damages not available, where plaintiff did not see the tortious act.
Robert Veroline v. Priority One EMS, 2009-C-1040 (La. 10/9/2009) [6 pp.]
From LSCR Volume 17, Issue 10
          On July 4, 2005, plaintiff Joshua Paul Veroline and his sister Heather were spending time with friends at Toledo Bend Lake, when Heather inj... view full summary
2.DOTD not at fault; jury verdict reinstated.
Randy Fontenot v. Patterson Insurance, 2009-C-0669 (La. 10/20/09) [23 pp.]
From LSCR Volume 17, Issue 10
          Plaintiff Randy Fontenot and his wife filed this suit to recover damages for personal injuries sustained in an automobile collision with def... view full summary
CIVIL PROCEDURE

3.When computing a filing deadline backward from a date, weekends or holidays roll the deadline forward.
Becnel v. Northrop Grumman Ship Systems, 09-CC-1318 (La. 10/9/2009) []
From LSCR Volume 17, Issue 10
          In this civil action, defendants filed a motion to exclude testimony of plaintiff's expert witness pursuant to Daubert v. Merrell Dow Pharma... view full summary
WORKERS' COMPENSATION

4.Subsequent accident did not result from work injury, and is not compensable under the WCA.
Marvin W. Buxton v. Iowa Police Department, 2009-C-0520 (La. 10/20/09) [25 pp.]
From LSCR Volume 17, Issue 10
          Claimant Buxton was working as a corporal for the police department on May 7, 2004 in Iowa, Louisiana when his police cruiser was struck by ... view full summary
CRIMINAL

5.Capital defendant may constitutionally waive appeal; capital appeal dismissed; affirmed.
State v. Gerald Bordelon 07-KA-0525 (La. 10/16/2009]
From LSCR Volume 17, Issue 10
          The question presented is whether, to what extent, and under what circumstances, a defendant may waive appellate review of his capital convi... view full summary
6.Contempt of court judgment reversed; supervisory writ granted.
State v. Marcelin, In re: Meghan Garvey, 09-KD-1825 (La. 10/16/09) [3 pp.]
From LSCR Volume 17, Issue 10
          Relator, attorney Meghan Garvey, was found in criminal contempt of court for violation of the district court's order governing the questioni... view full summary
7.Defendant liable for co-conspirator's use of firearm, even if defendant did not know gun existed.
State v. Ryan Marie Smith, 2007-K-2028 (La. 10/20/09) [16 pp.]
From LSCR Volume 17, Issue 10
          The State charged defendant and Raul Jorge Castro by bill of information with armed robbery in violation of La.R.S. S 14:64. The cases were ... view full summary
8.Capital conviction affirmed.
State v. Williams, 2007-KA-1407 (La. 10/20/09) [50 pp.]
From LSCR Volume 17, Issue 10
          Defendant Williams appeals his conviction of murder and sentence of death. Williams was caught shoplifting at a Wal-Mart, when he was accost... view full summary