Archive of LSCR Articles
Showing results for LSCR volume 21 LSCR issue 4 | Jump to a direct Volume/Issue
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| 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 |
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