Archive of LSCR Articles

Showing results for LSCR volume 21 LSCR issue 4
Jump to a direct Volume/Issue
MEDICAL MALPRACTICE

1.New medical review panel required because one original physician-member failed to disclose financial relationship with physician-defendant.
Renea Fanguy v. Lexington Insurance Company, 2013-C-0114 (La. 04/01/13) [3 pp.]
From LSCR Volume 21, Issue 4

          Plaintiff filed a medical malpractice claim against Dr. Michael Graham. Dr. Vernon Carriere was nominated to participate as a panelist... view full summary
2.Where proposed expert witness had relinquished license to practice medicine by time of trial, statute required showing that his medical school had proper accreditation when he graduated; plaintiffs failed to make that showing, resulting in directed verdict for defendant.
John Benjamin, Sr. v. William Zeichner, M.D., 2012-C-1763 (La. 04/05/13) [15 pp.]
From LSCR Volume 21, Issue 4

          Plaintiffs were the husband and children of Margaret Benjamin. They brought this medical malpractice action against defend... view full summary
TORTS

3.Differential in elevator floor was not an open and obvious hazard although it was observed by plaintiff; Court reinstated $1 million verdict for UPS delivery driver.
Paul F. Broussard v. State, 2012-C-1238 (La. 04/05/13) [34 pp.]
From LSCR Volume 21, Issue 4

          A 1998 roofing project at the State-owned Wooddale Tower, an office building in Baton Rouge, caused the elevators to operate erratical... view full summary
INSURANCE

4.On summary judgment, insurer bears burden of proving that coverage exclusion applies, including showing that exception to exclusion is not met.
Dan Veuleman v. Mustang Homes, LLC, 2013-C-190 (La. 04/05/13) [2 pp.]
From LSCR Volume 21, Issue 4

          In this case, insurance coverage under a contractor's insurance policy was at issue. The policy contained a "work produc... view full summary
CRIMINAL

5.Court reinstated felony theft conviction stemming from sale of construction equipment.
State v. Donald K. Swanzy, 2012-K-1297 (La. 04/01/13) [14 pp.]
From LSCR Volume 21, Issue 4

          Defendant, the owner of Diesel Truck Service in Gretna, was the original contractor on a project to demolish the Twi Ropa Mill on Tcho... view full summary
6.Officers had probable cause to arrest defendant for trespassing in housing development; motion to suppress evidence of cocaine found in subsequent search was properly denied.
State v. Phillip Lampton, 2012-K-1547 (La. 04/05/13) [9 pp.]
From LSCR Volume 21, Issue 4

          New Orleans Police Officers Peak and Sam proactively patrolled the Iberville Housing Development, owned by the City of New Orleans and... view full summary
7.Fourth offense possession of marijuana conviction resulted in adjudication as third felony offender; circumstances did not warrant exceptional departure from mandatory minimum sentence.
State v. Bernard Noble, 2012-K-1923 (La. 04/19/13) [4 pp.]
From LSCR Volume 21, Issue 4

          Defendant was convicted of fourth offense possession of marijuana. He was adjudicated as a third felony offender based on two pri... view full summary
8.Jurisdiction proper in parish where State presented evidence defendant was part of criminal enterprise to transport drugs through parish.
State v. Cecil Redditt, 2013-KK-0295 (La. 04/19/13) [5 pp.]
From LSCR Volume 21, Issue 4

          In September 2011, Corey Hammond and Alesha Smith were stopped while driving through Tangipahoa Parish. They were found to... view full summary