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Showing results for LSCR volume 19 LSCR issue 2
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INSURANCE

1."Automobile business" exclusion deemed against public policy and not enforceable.
Laurie Ann Sensebe v. Canal Indemnity Company, 2010-C-0703 (La. 01/28/11) [21 pp.]
From LSCR Volume 19, Issue 2

          Plaintiff was driving in St. Tammany Parish when her vehicle was rear-ended by a pickup truck owned by Gregory Hyneman and operated by... view full summary
MEDICAL MALPRACTICE

2.Appeal court erred in reversing dismissal and remanding for Sibley hearing.
Patrick Russo v. Dr. Steven Kraus, 2010-C-2463 (La. 01/28/11) [1 p.]
From LSCR Volume 19, Issue 2

          In 1998 Janice Russo underwent a hysterectomy after a uterine cervix biopsy revealed moderate- severe dysplasia without malignancy. Dr... view full summary
TORTS

3.Riding of oil well pump was not a reasonably anticipated use.
Robbie Payne v. Brett Gardner, 2010-C-2627 (La. 02/18/11) [5 pp.]
From LSCR Volume 19, Issue 2

          In 2004, 13-year-old Henry Goudeau climbed onto the moving pendulum of an oil well pump in rural Rapides Parish and attempted to "ride... view full summary
CIVIL PROCEDURE

4.Service of process not required in cause of action for wrongful conviction.
Gerald Burge v. State, 2010-C-2229 (La. 02/11/11) [6 pp.]
From LSCR Volume 19, Issue 2

          In 1986 plaintiff was convicted of the murder of Douglas Frierson in the 22nd Judicial District Court for the Parish of St. Tammany an... view full summary
5.No such thing as exception of no cause of action based on prematurity.
Daniel Moreno v. Entergy Corporation, 2010-C-2268 c/w 2010-C-2281 (La. 02/18/11) [5 pp.]
From LSCR Volume 19, Issue 2

          Plaintiff was injured while working near an overhead power line in Jefferson Parish. He sued numerous defendants, includ... view full summary
STATE AND LOCAL GOVERNMENT

6.Statutory time limit for violation of use regulations trumped parish ordinance.
Parish of St. Charles v. Wanda Fontenot, 2010-C-2552 (La. 01/28/11) [1 p.]
From LSCR Volume 19, Issue 2

          In October 2007 the Parish of St. Charles, through the Department of Planning and Zoning, filed suit against defendants, as owners ... view full summary
CRIMINAL

7.No right to appointed counsel in discretionary review of traffic and petty misdemeanor convictions.
State v. Vincent M. Castillo, 2009-KK-1358 (La. 01/28/11) [13 pp.]
From LSCR Volume 19, Issue 2

          Defendant was charged in First Parish Court for the Parish of Jefferson with speeding, driving with a suspended license, and driving w... view full summary
8.Application for post-conviction relief not untimely.
State Ex. Rel. Leighton Hills v. State, 2010-KH-0168 (La. 02/11/11) [2 pp.]
From LSCR Volume 19, Issue 2

          Petitioner filed an application for post-conviction relief, which the First Circuit dismissed as untimely based on the tim... view full summary
9.No double jeopardy violation as to manslaughter and simple burglary convictions.
State v. Daniel L. Pegues, 2010-K-1626 (La. 02/18/11) [9 pp.]
From LSCR Volume 19, Issue 2

          In 2007 an off-duty deputy with the Calcasieu Parish Sheriff's Office was shot several times and killed while investigating a burglary... view full summary
10.Officers had probable cause to arrest vehicle passenger for drug offense.
State v. Shelvin Smith, 2011-KK-0312 (La. 02/21/11) [2 pp.]
From LSCR Volume 19, Issue 2

          Defendant was arrested for a drug related offense after police observed a vehicle apparently trolling for drug buyers in hotel parking... view full summary
11.Court allowed evidence of prior unadjudicated juvenile act of attempted rape.
State v. Theo George, 2011-KK-0325 (La. 02/23/11) [2 pp.]
From LSCR Volume 19, Issue 2

          Defendant was charged with forcible rape. He had committed a prior unadjudicated juvenile offense of attempted forcible rape. Defendan... view full summary